am I legally in the clear, with regards to my service dog?

Question

first off I have a self-trained service animal. she is a cross trained guide dog/ balance assist/medical alert dog. I love her to death and of course she of tremendous value to me. I am currently living alone in a HUD housing apartment. when i moved in 8 months ago I declared her as a service dog and provided her shot records. Now for some reason the land lord is raising this fuse about me paying the pet deposit on her, which legally I don't have to do because she is not a pet. am I right? she says I need write proof that she is a service dog such as a certification from a school. which from what I understand under ADA I don't have to have? I didn't get her from a school. she then says I need a doctors perceptional for her which makes no sense. I fallow all the "pet rules" (keeping her on a leash at all times cleaning up after her etc.) there are dogs that are "service dogs" that live here that have never worked since I moved in and I don't see her hassling there owners who I might add don't nesserary fallow the "pet rules" of the complex. until now I lived on the dorms with my dog on a university and all I had to provide was her shot records. what exactly do I have to provide and what is she legally allowed to ask for?

Answer 1

The ADA does not apply to housing situations; that is in the realm of the FHA and/or HUD.



The proper legal procedure in housing situations for a person with a disability who wishes to have a service dog on the premises of "no-pet" housing is to file a "Request for Reasonable Accommodations" and have it approved BEFORE bringing the animal onto the premises. The Request for Reasonable Accommodation should indicate that the person meets the legal definition of "disabled", include a letter of recommendation from the persons' treating physician or psychiatrist, and whether or not the dog has a CGC or affidavit from the organization or individual which trained the dog. The Request for Reasonable Accommodation MUST be approved by the property owner/manager/landlord BEFORE the animal is brought onto the premises.

Once approved, there can be no "pet fees", "pet rent" or any other charges. The animals handler is responsible for any damage the animal may cause, and the handler must properly steward the animal at all times. The animal cannot disturb other tenants. Remember that for housing situations, the emphasis is on "reasonable accommodations", not "I can do whatever I want".



If you have not followed proper legal procedure before bringing the animal onto the premises, then you will have an uphill battle. You may still prevail, but it will be much more difficult because you did not follow proper protocol and procedure. You may have to contact a local Legal Aid office to see if they could assist you.

Answer 2

The first thing you need to know is what kind of training you and your dog need. After that locate some good trainers that will take you and your dog, not just the dog. Learn how to train your dog https://tr.im/Wxmdm



In this special presentation you'll discover exactly why it's so important to start training your dog the right way. Important for you, important for your family, and, most of all, important for your dog! And It'll give you some great hints, tips, and advice to help you turn your dog into the best behaved, happiest, running, jumping, slipper-fetching best pal you always wanted.



These are the very same tips that I spent years perfecting, the very same tips that have worked for thousands of dog lovers just like you.

Answer 3

I would think and hope that you would need some sort of documentation that proves your dog is service dog. I think that it would be reasonable to expect that you produce either a prescription or a certification document that the dog has been trained by an accredited trainer.



The problem you have is that legally your dog *is* a pet. You can call it a service dog all you want. But it's apparently it was never prescribed to you and I'm guessing you're not a legitimate professional dog trainer. You also have to look at this from the perspective of the land lord, if there is zero accountability, then anyone can claim that their dog is a service dog to skirt the pet deposit. So obviously some kind of proof that the dog is a legitimate service dog.



I'm not trying to insult you, but you have to understand that there's some responsibility on your end to back up your claims that your dog is a legal service dog and not just a pet. Unfortunately it seems that you dog, while it does assist you, is likely going to be considered a pet, and you're going

to have to cough up the pet deposit unless you get some kind of documentation.

Answer 4

If you're living in an apartment (particularly a HUD facility), you are actually required to show proof that your dog is, in fact, a service animal. If you want to have her declared as a service animal rather than a pet, then you do need to have some proof of "medical necessity" for her protection as well as yours (legally). When she's out with you, she should be wearing a vest that says "Service Animal" on it. Service dogs also have a special leather harness with a suitcase type of handle rather than a regular leash. This alerts other people that they're not to approach your dog as a pet. The rules are different from place to place, but particularly when you're living in a government-subsidized facility, they have certain rules about who/what is allowed. If you don't want to pay a pet deposit, then you will have to offer some kind of proof that she's a working animal. The landlord is just following HUD rules, and believe me, you don't want to get into an argument with HUD, because the government will win every time. I've seen it happen many times in our neighborhood. They will evict people for any kind of infraction.

Answer 5

You're wrong and your landlord is right.



Who should you ask? ALL of your doctors must know you're disabled right? Who signed off on your chair for your insurance? Can't they supply a letter?



When it comes to rental housing FHA law stands. The law states that, if requested, a service dog owner MUST provide either training proof or a doctors note/prescription. For owner trained service dogs, that would be a letter from your doctor stating you are disabled and would benefit from/need the assistant of a service dog. Usually this is done when you turn in your request for accommodation to have the service dog there in the first place.



Believe it or not, while a letter (or prescription) from your doctor is acceptable proof for having a service dog in rental housing, it's not reasonable proof that you qualify for one under ADA law.



You landlord obviously changed his/her mind (most likely because of the rampant abuse of people claiming to have emotional support animals or service dogs to get out of pet deposits and/or monthly pet fees) and is now demanding proof for them. Or they may have changed insurance carriers who want proof. You must provide it.



Just one last question: why is your service dog damaging the door? Isn't she with you all the time? A legitimate service dog is never alone because they accompany their owner everywhere. Regardless, in the end, you'll be responsible for every ounce of damage.



ADD: No certification is legally required for service dogs. Also, no "training evaluation" by any organization is needed for owner trained service dogs. If you have an owner trained service dog it is YOUR responsibility to do your homework and know ALL of the training needed and to assure that the dog is properly trained. This includes pre-training of potty training, obedience training, socialization with pets, people and environments, lying calmly and quietly and to stay calm and focused PLUS task training. UNTIL IT IS FULLY TRAINED, it is NOT a legal service dog. It would only be considered a service dog "in training" (SDiT) after ALL the pre-training needed is complete and before task training begins.



Also, these are just some (not all) of the statements made by other answerers that are incorrect:



" When she's out with you, she should be wearing a vest that says "Service Animal" on it." - Not required per ADA Law.



"Service dogs also have a special leather harness with a suitcase type of handle rather than a regular leash. This alerts other people that they're not to approach your dog as a pet." - Also incorrect. No vest is needed (although they can be helpful) and they do not have to have a "suitcase type handle" onon then or be leather.



" it would be reasonable to expect that you produce ... certification document that the dog has been trained by an accredited trainer. " - Not required per ADA law.



" The problem you have is that legally your dog *is* a pet. You can call it a service dog all you want. But it's apparently it was never prescribed to you and I'm guessing you're not a legitimate professional dog trainer." - Per ADA law, no prescription is required for a qualified person to personally have a service dog and owner trained service dogs are legally permitted.



" Under the ADA and FHA your dog or miniature horse is considered a service animal and not a pet if they are able to provide you at least one documentable service required to keep you safe. That is all that is required by federal law." - Incorrect. Personal safety is not a legitimate task. Also, no task would need to be documentable or proven in any way.



" however, anytime you claim your dog is a service dog, then you are subject to proving that the dog is, in fact, trained as a service dog" - Incorrect. This is against ADA law except in the case of FHA law.



" in some states, you can be required to get licensing for your dog". - There is no licensure, registration or certification required per federal law. Some states require ALL dogs be licenced/tagged and waive the fee for service dogs.



" seek the support of at least one professional trainer & seriously consider getting CGC & TD eval" - Not required under ADA.

.

Answer 6

First of all, you have no way of knowing if other tenants are having similar requests from Management.

Secondly, you have a dog on your premises...the rules usually dictate that all animals have their shots and that the owner pay a deposit in case there is pet damage. I think there was either an oversight on you not paying a deposit n your animal when you moved in, but I also wonder if the Manager is needing to catch up on necessary paperwork for her next HUD inspection. She may have realized she forgot to get a deposit.



You say you trained your animal and that is terrific, but Management needs some validation from some authority that can confirm that your animal is well trained and serves the purposes intended...this may mean a "test" by a licensed trainer. You can say your dog is not a pet, but that is not true..and, she is still an animal. It all makes sense. Managers are concerned with liability, and if this is a "no pets" building, then it is even more important that you comply with these requests.



Much easier to get this behind you.

Answer 7

Under the ADA and FHA your dog or miniature horse is considered a service animal and not a pet if they are able to provide you at least one documentable service required to keep you safe. That is all that is required by federal law. Not a doctor's note, not a training certificate or log, not be trained by a trainer, not a license, not a harness, not a vest, not a shot record - just be able to demonstrate one thing they are able to do that you need to keep you safe out of medical necessity. The medical necessity may require proof. If you are prone to seizures and you have a seizure dog - you obviously do not want to demonstrate how your dog responds to your seizures. But if you have a visual impairment and you require a dog to help you navigate your environment - that obviously requires no further documentation. Personally, I'd keep the medical documentation on hand anyway, just to make things simple.



Your dog is not a pet, so you do not pay a pet deposit.

Answer 8

If your dog is truly a service dog, you cannot be charged a standard "pet fee" unless your dog causes damage that needs repairing. What I don't know is if the government considers things like needing to replace carpets sooner due to added dirt and pet hair to be considered "damage".



And you aren't required to certify your dog, the ADA says you can train your own dog, but you do need to be able to prove your dog is a service animal and not a pet. I would talk to the land lord about this one.

Edit: from ada.gov.



"When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task."



"Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage."



And petpartners.org

"The Fair Housing Act does not define "service animal" per se, and does not make a distinction among certified service animals, non-certified animals, animals that provide psychological support, and service animals in training that live with the people with disabilities for whom they will work. The Act does not have restrictions about who may train the animal. However, the Act recognizes that service animals are necessary for the individuals with disabilities who have them, and as such does not categorize service animals as "pets." Service animals, then, cannot be subjected to "pet rules" that may be applied by housing providers to companion (non service) animals. Housing providers cannot, for example, impose upon service animals the size or weight restrictions of a pet rule, exclusions from areas where people are generally welcome, or access restrictions to only a particular door or elevator. Further, special tags, equipment, "certification" or special identification of service animals cannot be required. Judith Keeler, Director, U.S. Dept. of HUD, Northwest Alaska Area Fair, Housing Enforcement Center, states that it is HUD's position that no deposit may be charged for the service animal."



To reiterate, your landlord cannot require certification as a service dog doesn't need to be certified. They cannot charge you a pet fee as a service dog is not a pet. They aren't even allowed to badger about whether your dog is working or not, or what sort of work your dog does. I'm not sire where others are getting their information, but it is highly suspect that the landlord is attempting to collect funds from you after you've moved in.

Answer 9

in the US, housing is not covered by ADA, it is covered by FHA (Fair Housing Act)





even though this is from Phillie, it is written based on federal FHA laws pertaining to Service Dogs

http://www.fhcsp.com/Publications/Service%20Animals.pdf



you might also find this helpful:

http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c%3D&tabid=245





Yes, you can be required to provide a prescription from your doctor --- essentially your doctor is saying you need a service dog or that you use a service dog



this has been tested in case law --- in one case, the landlord was allowed to require the disabled person to get approval from the doctor of his choosing (as an example of just how this can go if not handled properly from the beginning)



in the US, there is no federal requirement for certification & federal law allows for owner-training; however, anytime you claim your dog is a service dog, then you are subject to proving that the dog is, in fact, trained as a service dog



FHA laws allow the landlord to require you provide proof that your dog has been trained as a SD

-- there are also numerous case law examples on this one.. including owner-trained dogs



this is why it is highly advisable to keep a training journal & to also seek the help of a professional trainer (even if they do not train service dogs) so that you can have a professional trainer agree that the dog is trained & behaviorally suited for SD use based on their evaluation of having observed the SD-Team in action



in some states, you can be required to get licensing for your dog



those other "service dogs" might actually be "emotional support dogs" with proper proof from a medical professional... essentially, they are pets that are in the home to benefit a person who suffers from mental health issues



I have an owner-trained SD, have trained 5 other SD for other disabled people, and have served as "training support" for others who owner-train --- one of the things I always do is take dog through GCG as well as through Delta Society's Therapy Dog evaluation



some mobility dogs will have to be given allowance on CGC for a proper heal because their position when helping their owner walk is rarely, if ever, a standard heel.. .make sure the CGC evaluator is aware of the position your dog uses when working with you



some SDs are a little stand-offish on the TD tests... simply put the dogs are trained to focus on owner, not seek attention, and ignore attention given to them while working.... TDs need to seek attention & want attention... any good DS TD evaluator will work with you on this if they know your dog is being used as a SD & you are seeking TD evaluation as a measure of making sure your dog is "bomb-proof" and can handle complex, stressful situations.... they might not approve your dog for TD, but they can write what the dog excelled at, what the dog was not as good with (usually not as good in seeking & accepting attention) & how that behavior is desirable in a properly trained SD -- now, this does not mean your dog can react badly to any part of that test... it just means a properly trained SD might be a bit confused & frustrated with all the attention, but they should be able to tolerate it without any problems





what you need to do is (1) get that prescription from your doctor (2) document your training.... I mean try to recall time-frames... with details of what was trained.. include details about obedience training as well as details about the training that was specific to your disabilities (3) seek the support of at least one professional trainer & seriously consider getting CGC & TD eval





see this link & go to the place on the page that says "What should a letter from my doctor about my disability say to my landlord?" to get info on what your doctor needs to be writting down to help you support your use of SD

http://servicedogcentral.org/content/faq/61



EDIT TO ADD: many owner-trainers will seek a third party (professional dog trainer) to evaluate them based on ADI Public Access Standards ---- I have also done this with every dog I have trained & have recommended it for every dog I have been involved with



you can read more about it here: http://www.assistancedogsinternational.org/standards/public-access-test/