A question from a newbie here

[yooperbug]

I have a question. I suffer from depression, dysthymia, ADD, personality disorder, and agoraphobia. I was diagnosed with all of these problems and that is why I'm on disability. My doctor is writing a letter to whom it may concern basically recommending I have an Emotional Support Animal. I live in a trailer park, I own the trailer but not the property. I signed a lease allowing pets. The lease said we can have a pet but have to register them at the office. However not long after I moved in I got a note in my MAIL box (not sure if that's legal) saying no more pets. People can keep the current pets they have but no more after that. It says in the lease one pet per household but theres people here that have 3 dogs per household. Anyway, that's beside the point. My question is can the landlord make me get rid of a Emotional Support Animal with a letter from my doctor?

Amanda

[Shidash]

No, if you have a doctor's letter the landlord cannot do that. But to have an ESA you must be disabled. If you are on disability, chances are that you are disabled. Please understand though that ESAs are not service animals and they do not have public access. They can only go where normal pets can go.

[yooperbug]

Thanks so much for the help. With the problems I have I really don't leave the house much anyway. I also don't even feel the safest at my home that's part of the reason for getting an ESA. I use to have a dog but he had to be put down. I was much happier when I had him. After he was put down I got even more depressed. I just really hope the landlords can be understanding. Even with a letter from my doctor I feel they may still give me problems. 

Amanda

[Kirsten]

The Fair Housing Amendments Act (FHAA) requires most landlords to modify their pet policies to permit emotional support animals even if pets aren't generally allowed.  It does not apply to ALL landlords, but does apply to most.  If your landlord owns more than four units and is not a church, then he is probably subject to the FHAA.

We have complete instructions on how to request a modification of "no pet" policies over on the main site at:
http://servicedogcentral.org/content/node/138

Emotional support animals are not required to be specially trained, other than the ordinary training pet dogs receive to make them pleasant to live around.  In other words, they should be well housebroken and not disturb neighbors with nuisance barking.

As Shidash explained, an emotional support animal is different from a service dog in that because it is not specially trained, the owner has no particular right to take it in public accommodations other than those which ordinarily permit pets.  It typically takes 18-24 months to train a service dog.

An emotional support animal (ESA) need not be a dog.  It could be a cat, bird, snake, almost any species which is permitted for pets.  Some landlords can impose a restriction on what species or size emotional support animal you get, if you are already a resident before acquiring the ESA.  If you have the ESA before moving in, they usually can't put a restriction on size or species.

If you live in section 8 housing, you may have some additional rights and responsibilities.

[yooperbug]

I'm so thankful for the help your all giving me. I live in a trailer park. I do own the trailer but not the land. I guess what upsets me most is the owners knew that I wanted to get a dog since I lost the one I had and have been so sad and lonely without him. That and other people here have dogs and have gotten more dogs since we got the letters in the mail boxes about no more pets. It's like the owners are picking and choosing who can and can not have pets. The whole reason I decides to buy this trailer was because A. I'd own it B. I could have a pet here. I don't think they can change to no pets in the middle of a lease. My doctor does want me to have an ESA because he saw what I went through when I lost the dog I had. At the time I didn't know it but he was an ESA. He made my depression and other problems easier I didn't realize that till he was gone. Sorry everyone I'm just really upset about this.

Amanda

[yooperbug]

Since an ESA isnt a service dog should I replace service dog in the sample letter below to ESA? Or leave it as service dog? How can I reword the letter since I live in a trailer park? Sorry for all the questions.





May 17, 1999

Danny Thomas, Building Manager
123 N. Maple
Chicago, IL 60657

Dear Mr. Thomas:

I, Jim Smith, qualify as a person with a disability as defined by the Fair Housing Act Amendments of 1988.  I live at 123 N. Maple in unit #205.

Our building's rules state a "no pets" policy.  Because of my disability, a doctor has prescribed a service animal to assist with my daily living.

I am requesting that you make a reasonable accommodation in the building's rules to permit me to have a service animal.

Under the Fair Housing Act Amendments, it is unlawful discrimination for a management company to deny a person with a disability "a reasonable accommodation of an existing building rule or policy if such accommodation may be necessary to afford such person full enjoyment of the premises."

Please respond in writing to my request for a reasonable accommodation within ten days.   I look forward to your response and appreciate your attention to this critical matter.

Sincerely,
Jim Smith
 
 
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[Kirsten]

Yes, just change the term "service animal" to read "emotional support animal."

[yooperbug]

Ok, so how do I word it for someone living in a trailer park? I'm sorry to be a pest but want to make sure its done right. Instead of our buildings rules state can I change it to "The rules state"?

[Shidash]

Yes, change building rules to the rules and building to park. That should work.

[Kirsten]

I don't think you're being a pest.  I'd want to get it "just right" too!

[Kirsten]

Maybe we should make our own version of the accommodation letter especially geared toward ESAs and publish it over on the main site.  Shidash, would you care to do the honors?

[yooperbug]

I just cant thank you all enough for all the help and information you all have given me.

Even with the letter of request for accommodation, the information sheet to go with it, and the letter from my doctor, I still think the owners here will give me problems. I hope not. Any suggestions as to what to do if they still give me problems?

Amanda

[Kirsten]

Send it all to them via registered letter.  Do not discuss it with them in person, or over the phone.  Make sure all communication is written and save both what they send to you and copies of what you send to them.

If you do have to file a complaint, you will need proof that you tried to deal with this properly.  File your complaint with HUD, your state's attorney general, or with your state's human rights commission.

I just finished going through every single state and adding contact info for attorney general's offices and human rights offices.

http://www.servicedogcentral.org/content/node/51

[Kirsten]

Before you decide to file a complaint, consider whether you are in good enough condition to handle a fight.  For some people it is better to move than to argue the point.  You have to balance for yourself the costs of moving with the costs of staying.  It might not be pleasant dealing with a landlord with a grudge.  Therefore, no matter what you do, do not lose your temper and be very polite at all times.

[yooperbug]

I can just hope they are ok with my doctors letter and other information. They are nice people and all but with something like this you just never know what the outcome will be.

Off topic a bit. Being a German Shepherd lover I came across a lovely female GSD the current owner knows she will be great for what I need her for. In fact the owner wasn't even going to rehome her until she heard of me. The owner thinks I'm meant for this dog. I also want to try and get into pet therapy with her. Going to nursing homes and such. I think that will be good for me to try.