My daughter has a therapy dog and now my apartment management is fighting me on it. What do I do?
the dog has been coming over for about 2 months now and hasn't caused any problems. We're moving to a different building and the lady that lives above us doesn't want a dog on the property, so until the property management figure something out they wont allow him to come over. She has a written letter from her therapist and her doctor as well. I just don't know what to do about this. Can anyone help me???
Public Comments
- get a lawyer american disability act
- Call the dept of disability and let them handle it. If you have a prescription and a doctors say so it then becomes a service dog not a therapy one. May just be a need to change what you are calling the dog and threaten with the disabled americans act. I bet your complex changes its views pretty fast.
- hmm i think you may be better off speaking to a solicitor. if its for medical reasons it has the same rights as a guide dog. I don't think they have any power to stop you if you have the correct paperwork.
- Tell the manager that if they don't lay off you will contact a lawyer and sue them for harassment and violating the ADA (american disabilities act for service animals). The punishment is severe and if you have already gotten documentation from a doctor then the threat alone should shut them up...they should be aware of the law. In the mean time let them just keep running their mouth....document all incidents and keep them in case they are needed. Right now they are just puffing smoke to scare you....you have the law on your side...don't allow them to bully you! Good luck and don't worry, there's some severe fines and payments to those that are violated :) ADD>>> And for some clarity, If you have both a therapist and doctors request then it's actually called an ESA (Emotional Support Animal) not a therapy dog since this makes it fall under being a service animal and being such would most likely qualify you for FHA rights. It mostly depends on your state but when an animal is requested by physician for physical or emotional needs it becomes a service animal. Therapy dogs are only pets trained to be well behaved and bring comfort. An ESA animal needs no special training other than to be toilet trained and behave in a reasonable manner. Check with your courthouse for help finding legal aid. Good luck :) Apply for a reasonable accommodation such as - requesting a reasonable accommodation under the federal Fair Housing Amendments Act of 1988 (42 U.S.C. 3601, et seq.) Br attaching letters from doctors explaining the needs of these animals and how they assist you in this. In closing, here's and example of what your doctors letter should read like.... http://www.servicedogcentral.org/content/node/304
- aBOVE ANSWERS ARE GREAT, but, if you can not afford a lawyer, do google your town (or state) plus words like, "legal assistance for poor people" or "free legal assistance" or "pro-bono lawayers" or call your town's welfare dept to ask them where is any legal help for poor people, IF you can not afford a lawyer. good luck
- Therapy dogs have no more rights than any other pet dog. Therapy dogs are dogs that make visits to places like hospitals, nursing homes, etc. You have NO recourse in this situation. A doctor's note isn't going to help. Only service dogs are allowed in places where other dogs aren't.
- LindsayB is proabably correct over this one. I think all you can do is contact your local radio station or newspaper and shame them over their attempts to deny your daughter access to this dog.
- Your dog is a service dog. Not therapy dog, there is a difference. If you have a letter stating therapy dog it doesn't mean anything. It is no better then the paper it is written on. Service dogs on the other hand performs a service for the person it is issues to. You need to contact a lawyer and get their advice.
- unless the dog is actually a trained service dog.. the landlord is under NO obligation to allow the dog. There's nothing you can do. ESA and therapy dogs are not covered under ADA. If the dog is a service dog, you can get a lawyer invovled... however most likely, by the time you hash this out in court, you will have already been moved to the other building anyways.
- The ADA does not apply, since there is no legal disability present and the dog is not a legitimate service dog. You can get all the notes from whatever doctor you want, to no avail. The authority over this issue is the FHAA, not the ADA. FHAA allows for reasonable accommodations, not whatever your heart desires to force onto someone else. Currently, you have no legal recourse, BUT if you approach management with a reasonable request in a civil manner, you may be able to convince them to allow the dog. Once again, you have no legal right to have the dog in your apartment. Do not approach the issue as if you do. Be kind, civil, and present clear and concise evidence as to the benefit of the dog to your daughter and you might just be convincing enough to let management allow it.
- Show the landlord the dogs certification, the same certification you need to take the dog into the grocery store or out to dinner. That is the only proof that this animal is in fact a service animal for a disabled person. Otherwise you need to move elsewhere.
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