ADA and Fair Housing Act Lawyer?

I’d be careful with the prescription part. If a doctor is prescribing it, it changes the spectrum of need from comfort to medically necessary.

 

And the problem with that is the number of Drs that will write the prescription when it isn't warranted. My brother is constantly asked to write those and the patients are pissed when he refuses. Out of all his requests, he told me he has written 1, for an Iraq War vet that needed the support.

 

Well, be careful. You and others may think its bunk. But if its prescribed and you ‘think’ its not warranted and attempt to violate their prescription, be ready to open your wallet courtesy of the ADA. Its just that simple.

 

I'll take my chances. I've turned away several from my rental properties with a prescription.

 

I have no opinion on whether each individual case is bunk or not. That is not my decision to make and I am certainly not qualified to decide on need based on outside observation of an individual who has a service animal. It is the prerogative and responsibility of physicians to determine the validity and need of a patient request for a support animal. I am simply noting that of the many requests which my brother has gotten as a family physician in private practice, he has only written one such prescription. One could surmise that in his professional opinion, almost all of them are bunk.

 

Ok. Good luck with that thinking.

 

Until it isnt because its prescribed and you find out from the ADA you owe some money. Again, good luck with that thinking.

 

I routinely rent my properties to better qualified tenants who don't have a dog. No need to turn away anyone. Just give preference to the tenant that you think is the best fit. Of course, they just lie and then show up with the dog after the fact. On a personal note, if you think you are responsible enough to own a completely untrained emotional support pit bull, I think that you should also be responsible enough to own a home in which he can spend his life.

 

I am not sure what point you are trying to make or think I am trying to make. Let me put it succinctly for you. I don't judge whether or not someone who has a support animal really needs it or not. I do not interact with such people in a way where I have any need to determine whether or not their animal is needed. I don't have any renters or such. My brother is a physician who has had many requests for prescriptions for support animals and to the best of my knowledge, he has written one such prescription.
I am really sure that I won't have any ADA interactions.

 

You said in a previous post that, “one could surmise that they are bunk.”

Thats fine. Surmise that. Im kindly saying that, maybe not you, but others that ‘might’ run afoul with some kind of prescribed service dog ‘may’ have a run-in with the ADA.

I have experience with the ADA.

 

Couldn't agree more and this is my practice. Rarely do I have less than 5 applicants for any of my properties.

 

Well, like many of you have pointed out, the ADA offers little protection to support dogs, but as I read it, the Fair Housing Act does. I was hoping for someone that knew a little more about it than me to chime in...

 

Yep, I just had one do that. She asked a question about getting a dog back in April, and I told her to read the lease. Pretty simple, if you get any animal it's $100 more per month. Never heard anything else. She had an issue last month and needs to break the lease which is glorious for me as I want to sell ASAP. Knock on the door and she answers with some big ass dog right behind her. I didn't say shit; she's moving out Tuesday and we'll see what comes when it's time to give the deposit back. She even asked if the deposit check would be written when she hands over the keys so I'd say she needs the money pretty bad.

 

No way....security deposits will be mailed back in the form of a cashiers check within 30 days of vacating the property.

 

Dog food is expensive...

 

You've got several landlords, lawyers, and holiday inn last night sleepers on here....post up some details.

 

Posting my gf's service dog just because

 

Fair Housing prohibits restrictions on ESAs, the landlord can request a letter from a healthcare professional confirming the ESA is needed, but not anything detailing the reason for the need.

 

Exactly. And businesses are allowed two specific questions about service dogs,
1. Is the dog required because of a disability
2. Does the dog perform a medical task
They can't ask anything else by law

 

Details. So, 3 months ago I was diagnosed with stage 4b (that’s the last stage given) Cancer. Leaving our island home to move back near friends and family and cancer treatment facility. Put a contract on a condo last week, and when we received the condo docs found they limited dogs to 40 lbs. Ours is 50+. Family therapist recommends the dog as an ESA, and my oncologist and palliative care doc make the same recommendation, but the board denied our exemption based on size alone. The Fair Housing Act says ESA animals “cannot be denied”. I don’t have interest in fighting a losing battle right now (already fighting one), but if I, and our agent, and our lawyer read the law correctly, the fight may give me a reason to get out of bed each morning.