ADA and Fair Housing Act Lawyer?

Sorry to hear about your diagnosis. Prayers for you and your family.

From what I read, as long as you have a letter stating a medical need, they cannot restrict based on size as long as it is a reasonable accommodation.


Cancer sucks.

 

Sorry to read the first part, Pete.

Im glad, and was pretty sure that once an esa and or service dog becomes prescribed by a doctor, thats going to change the whole dynamic and that some law would cover them. Its most likely not in the ADA yet but I suspect it will eventually get there due to lawsuits.

Seems we have landlords here sleeping at Holiday Inns...

 

Yea, no one sorrier than me about the situation, but I appreciate the thoughts.
My initial contact with the board was an email which included a brief letter from the therapist mentioning the ESA and ADA law, which probably doesn’t really apply. I offered to provide medical documentation, but that I didn’t believed it was necessary. Denied. I responded yesterday with the relevant medical corroboration and letter from both the oncologist and palliative care docs, and relevant areas of the FHA. Hoping they reconsider...

 

I ain’t a yeller Ferrari driving lawyer or a member of holiday inn rewards so I’m just spitballing here.

Does the FHA cover homes that are owned or only rented?

A’course, what are they gonna do to you if you do move your 50# vicious kid-killing murder-dog in?

 

https://www.hud.gov/program_offices...pp/assistance_animals#_Obligations_of_Housing

 

Please keep us posted!

 

Do you work from home? Does the animal travel to youwith for your job?

 

Pete, can your attorney get you some ADA coverage due to your age and chronic stress? Those are some protected classes that may enable you to bolster support for your pooch.

 

Doesn’t really answer the question.

Is a condo association a housing provider?

 

Housing Provider means any Person that owns, master leases, manages, or develops Housing in the City. Any agent, such as a property management company, that makes tenancy decisions on behalf ofthe above-described Persons, and any government agency, including, but not limited to, the Berkeley Housing Authority, that makes eligibility decisions for tenant-based rental assistance programs, including, but not limited to, the Section 8 program (42 U.S.C. Section 1437f), shall also be considered a “Housing Provider”.

 

Just got an email granting the exemption! One battle I don’t have to fight!

 

Tenancy decisions wouldn’t be applicable to an owned property, from my layman’s seat here.

I guess I’d be looking for either clear statutory language or case law to determine if a condo association meets the definitions as applied in the FHA.

 

Dammit! Now we’ll never know if condo boards are governed by the FHA!

Glad to hear you’re unburdened with that BS!

 

There’s your answer, Dern

And for our Holiday Inn patrons as well...

 

That may in fact be a gray area. After sending my second request yesterday, I read further into the docs, and found that their budget for legal fees is only $1500. That’s only a little more that my lawyer was wanting for writing the running letter, so that may have played a role in their decision too. Either way...

 

Because they weighed the fact that if they're wrong (Which even their lawyer probably said, uhhh, lets not forge case law) , its going to be a blackhole in their bank account.

 

Given your circumstances, only a fool would have found your documentation inadequate proof of the need for the dog.