Emotional Service Animals

[coastal71]

What is the name of your state (only U.S. law)? Ohio

I submitted a reasonable accommodation request to my landlord - included a letter from my therapist back in March to allow me to have my cat with me in my apt.

The landlord denied the request and I got in touch with local housing dept here from handles fair housing rights and people w/disabilities. The housing dept sent the landlord a letter on my behalf outlining the FHA and the landlord gave them a hard time saying he does not have to make any accommodations. The housing dept then referred the LL to call the civil rights commission back in April and he never called to clarify how the laws apply to him on both a state and federal level.


He claims under federal law he is exempt because there are only 3 units and it is not owner occupied. Bazelon site:
http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c=&tabid=245

(a) buildings with
four or fewer units where the landlord
lives in one of the units, and (b) private
owners who do not own more than
three single family houses, do not use
real estate brokers or agents, and do
not use discriminatory advertisements

The housing people said he is not exempt on a federal level and the law applies on a state level too. Ohio Revised Code 4112.02(H) part's 4 and 19.
Lawriter - ORC - 4112.02 Unlawful discriminatory practices.

The landlord and I have gone back and both on this. His primary concern is the carpet. He told me if he if indeed he is required by law he would alllow the cat. He did request that the cat be declawed. I have a problem with that my cat is a tripod - 3 legs. He is missing his front right leg and when they declaw cats they only remove front claws and to limit my cats mobility even more is insane!! My vet advised against having my cat declawed because he is older and a amputee. My vet said I could get Soft-claws it goes over cats nails. That wasnt good enough for landlord either. The landlord is bent on how these laws do not apply to him and said I could pay a pet deposit and bring the cat in. I said absolutely not. Under these laws that protect my rights I would be exempt from having to pay for my service animal. Out of frustration I said if my cat who basically just lays near me and sleeps/eats/litter box I will pay if he damages your beloved carpet. Then rethinking about it I should not have to pay anything addition. This landlord got burned really bad by last tenant and now I am paying for it.

The landlord and I have reached a inpasse. There is no reasoning with him. I just at this point want out of the lease. I can't afford to keep my cat in a boarding kennel any longer and this has taken a a toll on my health - being separated from my cat exasperated my disability and I was hospitalized. I just want this to be over with. So we both can move on.

 

[Antigone*]

Is your cat a registered service animal?

 

[Proserpina]

OP, what is the nature of your disability?

 

[justalayman]

I don't see where your citation of Ohio law is applicable. He is not refusing to rent to you so the first section would not apply.
I don't see anything mentioning animals in any of the law cited.


For the federal ADA laws to apply, I believe you, personally, must meet the definition of having a qualifying disability which may be more than just your therapist recommending a companion animal. Then, from what I see, it appears that companion animals are not considered under the law. It would require a service animal and based on this:

http://www.bazelon.org/LinkClick.aspx?fileticket=lhyaA_hRAoE=&tabid=268

It would appear that new rules state only dogs are able to be considered as service animals.

under that FHA laws

Under the FHAct and Section 504, individuals with a disability may be entitled to
an assistance animal as a reasonable accommodation in housing facilities that otherwise impose
restrictions or prohibitions on animals. In order to qualify for such an accommodation, the
assistance animal must be necessary to afford the individual an equal opportunity to use and
enjoy a dwelling or to participate in the housing service or program. Further, there must be a
relationship, or nexus, between the individual’s disability and the assistance the animal provides
If these requirements are met, a housing facility, program or service must permit the assistance
animal as an acc
program or services.
4

Companion animals appear to allowed but there has to be a true value to having the animal. From what I have found, the recommendation must be provided by a licensed mental health professional.

I see nothing that would not allow a LL to charge a reasonable fee as a pet damage deposit though. There might be something but I did not see it.

 

[Proserpina]

I agree that even if the animal does qualify, there doesn't appear to be anything preventing the landlord from charging a pet deposit.

 

[justalayman]

I cannot see why the OP would be so opposed to a deposit anyway. OP already stated that if the carpet was damaged, s/he would gladly pay and since they are paying to board the cat, it would seem it would likely be less expensive to just pay the darned deposit.


It sounds like OP may simply want out of the lease.

 

[Proserpina]

I cannot see why the OP would be so opposed to a deposit anyway. OP already stated that if the carpet was damaged, s/he would gladly pay and since they are paying to board the cat, it would seem it would likely be less expensive to just pay the darned deposit.


It sounds like OP may simply want out of the lease.

Agreed again.

I'd still love for OP to come back and give more details though...

 

[coastal71]

Sorry for the delay in getting back.

I have panic disorder. My Therapist wrote the letter to my landlord explaining why it was important for me to have my cat. My cat does not need a training or be licensed by the state. According to the people here at Fair housing the landlord is in violation under state and federal levels - I may have linked wrong sections of the code.

I will refer you to the following link as to why I will not pay a security deposit.
Emotional support animal - Wikipedia, the free encyclopedia

and more on ESA
Emotional Support Animals | Service Dog Central

 

[DeenaCA]

The OP has requested a reasonable accommodation under the federal Fair Housing Act, and the landlord claims that he is exempt. The FHA requires housing providers to make reasonable accommodations for persons with disabilities (42 US Code 3604 at http://www.law.cornell.edu/uscode/42/3604.html), and service animals are common accommodations. The FHA requirements don't apply if the landlord owns no more than three single-family homes, or no more than one owner-occupied multifamily building with no more than four units. It sounds like this doesn't apply in OP's case since the landlord doesn't live on the property. See 42 US Code 3603(b).

Service animals under the Fair Housing Act do not have to meet ADA requirements, including requirements for training and/or certification. The ADA applies to "public accommodations" like stores and theaters, but doesn't apply to most rental housing. Here's a recent FHEO memo explaining the difference: http://www.mvfairhousing.com/pdfs/2...new ADA regulations on assistance animals.PDF.

Disabled individuals may request a reasonable accommodation for assistance animals in addition to dogs, including emotional support animals, under the FHAct or Section 504.

Housing providers are not permitted to require pet deposits or fees for service animals; of course the tenant is responsible for any damages. Inquiries as to the nature or severity of a disability are prohibited under the FHA; see Q & A #16 in the HUD/DOJ joint statement at http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.

Here's a case in which a landlord was charged with violating the FHA for denying a request for an emotional support animal: http://www.justice.gov/crt//about/hce/documents/lucascomp.pdf. There are many similar cases on the FHEO and Department of Justice fair housing enforcement websites. Compensation and fines are typically tens of thousands.

OP, if you have not already done so, file a fair housing complaint with HUD. You can locate an agency near you at http://fairhousing.com/index.cfm?method=agency.search.

 

[Proserpina]

The OP has requested a reasonable accommodation under the federal Fair Housing Act, and the landlord claims that he is exempt. The FHA requires housing providers to make reasonable accommodations for persons with disabilities (42 US Code 3604 at United States Code: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices | LII / Legal Information Institute), and service animals are common accommodations. The FHA requirements don't apply if the landlord owns no more than three single-family homes, or no more than one owner-occupied multifamily building with no more than four units. Ir sounds like this doesn't apply in OP's case since the landlord doesn't live on the property. See 42 US Code 3603(b).

Service animals under the Fair Housing Act do not have to meet ADA requirements, including requirements for training and/or certification. The ADA applies to "public accommodations" like stores and theaters, but doesn't apply to most rental housing. Here's a recent FHEO memo explaining the difference: http://www.mvfairhousing.com/pdfs/2...new ADA regulations on assistance animals.PDF.



Housing providers are not permitted to require pet deposits or fees for service animals; of course the tenant is responsible for any damages. Inquiries as to the nature or severity of a disability are prohibited under the FHA; see Q & A #16 in the HUD/DOJ joint statement at http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.

Here's a case in which a landlord was charged with violating the FHA for denying a request for an emotional support animal: http://www.justice.gov/crt//about/hce/documents/lucascomp.pdf. There are many simiular cases on the FHEO and Department of Justice fair housing enforcement websites. Compensation and fines are typically tens of thousands.

OP, if you have not already done so, file a fair housing complaint with HUD. You can locate an agency near you at National Fair Housing Advocate Online.

Aren't you making some assumptions here?

 

[coastal71]

The going to throw some laws the woman from housing agency expressed to LL in her letter. She did say in letter I was qualified individual with a disability as defined by the fair housing act.


Under Hud she quoted:

The wording in the new HUD rules (5) says, “emotional support animals do not need training to ameliorate the effects of a person`s mental and emotional disabilities. Emotional support animals by their very nature, and without training, may relieve depression and anxiety, and/or help reduce stress-induced pain in persons with certain medical conditions affected by stress.”
New HUD Rules Make It Easier to Have Emotional Support Animals

She quoted under The federal housing act , 42 U.S.C. 3601 , et seq - prohibits discrimination based on a variety of factors including disabilities.(3) One type of disability discrimination prohibited by the ACT is the refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be neccessary to afford a person with a disability the equal opportunity to use and enjoy a dwell. 42 USC 3604 (f)(3)(B).

The Joint Statement on "Reasonable Accommodations under the Fair Housing Act" 4 sets out additional guidelines for housing with respect to disabilities.

Since rules, polices, practices, and services may have a different effect on person with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them a equal opportunity to use and enjoy a dwelling. The [Fair Housing] Act makes it unlawful to refuse to make accommodations to rules, policies, and practices, or services when such accommodations may be necessary to afford a person with disabilities an equal opportunity to use and enjoy a dwelling.

 

[justalayman]

as I said awhile back, I understand that ADA does not apply. I stated that so the OP would leave that alone.

I agreed that FHA/HUD does apply but there are still requirements to make the accommodation acceptable. IF the animal does fulfill the requirements AND a properly certified professional states there is a qualified benefit from having the animal, then it is acceptable as a companion animal.

The only statement deenaCA gave that was different than what I stated was concerning the deposit. I said I saw nothing requiring a waiver of any deposit and suggested that even given the other expenses involved, it may be cheaper to just pay the deposit so the animal can be brought into the residence. I still suggest that might be considered given the situation of the LL be resistive to the animal. It might be the fastest and easiest solution to getting the OP his animal and really, isn't what it's all about?

I do see that the LL cannot demand an additional deposit for the animal so, at this point, it's up to the OP to decide which is more important; getting the animal in the residence or arguing with the LL. Of course, he could pay the deposit now and then after the animal is in house, take the necessary action against the LL to recoup the deposit and likely get some additional penalty fees since HUD seems to like to find LL's for everything.


one additional point: this is still not a "service animal". Of the agencies involved, the one dealing with ADA accommodations is the only one that uses the term "service animal" and they have specific requirements for an animal to be a service animal (specially trained dogs and in some cases, horses). HUD/FHA deals with companion or assistance animal.

 

[Hot Topic]

I live in a well known city in California where a man whose companion, a dog, keeps him from extreme depression, which would result in him locking himself in his apartment. The relationship between the two isn't protected any more by Federal disability guidelines, even though a psychiatrist said the cat is essential to the man's well-being.

Stricter guidelines that took effect in March allow businesses to refuse service to people whose animals aren't dogs or small horses providing approved services.

A guideline now says the animals must be "rigorously" trained dogs or small horses helping people with physical complications, not emotional ones.

The change can be seen as a response to the increase of service animals. Businesses have sometimes had problems because they're afraid of refusing service to people with animals that present problems to other customers.

This, again, isn't happening in the OP's state, but it could reach the OP in future. I saw a pit bull mix on the bus one time that didn't have on anything that would prove it was a service animal as the owner claimed. She refused to put a muzzle on the animal, which service dogs don't have to wear on buses.

 

[justalayman]

the stricter regulations you speak of are the ADA rules, not the FHA/HUD companion animal rules. If the guy you spoke of has a mental health pro state the animal is needed, then as long as the building unit is covered, he should be able to have his dog.

 

[coastal71]

Let me throw this out here. Under the FHA the LL is exempt if he has less then 4 units? (only 3 units and not owner occupied) Would the LL's personal residence count as the 4th making him not exempt?