In re Kenna Homes /pet that reduced impact of disability not a service dog

[responsiblek9]

In re Kenna Homes Cooperative Corp., 2001 WL 1567358 (W. Va. 2001),


Service Animals for the Disabled

An interesting twist arose in a recent case in West Virginia. The case of In
re Kenna Homes Cooperative Corp., 2001 WL 1567358 (W. Va. 2001), presented the
issue whether a pet that reduced the impact of a disability by providing
companionship fell within this accommodation exception. In this case, the two
tenants suffered from arthritis, high blood pressure, diabetes, heart
palpitations, and depression. Their physician certified that their two dogs were
medically
necessary "to suppress both the physical and mental need for companionship as
well as the confinement due to the various illnesses." Despite being worthy
companions, the dogs were not trained, licensed, or certified as service
animals for a particular disability.

The court rejected the tenants' argument. The court observed that the
requirement that a service dog be "properly trained" is proper and legitimate,
and
that it is proper to require the opinion of a physician that the service animal
is needed to lessen the effects of the disability. While a pet can provide
comfort and companionship, that is only the "palliative care and ordinary
comfort
of a pet." Thus, merely reducing the effect of a disability by providing
companionship or mental health support is not a required accommodation.

[Stefani]

In part I'm glad that they were not allowed to keep them , because they tried to class them as SDs and they weren't, but I am disappointed to see that because they didn't know the laws on ESAs and they weren't allowed to keep them as ESA.

[responsiblek9]

Well maybe their housing was not covered by the fed fair housing laws?
 I cant remeber if this was a home owners association or an apartment. Home owners associations can be monsters!

[Stefani]

Okay, for fear of you going and finding all of the laws on it and going through a mad posting spell...  >

What happens to allow the housing to be covered under the fair housing?

[responsiblek9]

I plan on putting some info on that  over in the housing access section. Kirsten has plans to post the laws on another spot ... chuckling . So nah .....
 Nora & crew

[Stefani]

I thought she was going to be putting the state and ADA SD laws.  I guess I shouldn't have assumed she'd leave out the other stuff.

[Kirsten]

I thought she was going to be putting the state and ADA SD laws.  I guess I shouldn't have assumed she'd leave out the other stuff.

As if I'd ever....

The short answer to your question is:

Some housing is exempt if the owner owns fewer than 3-4 units.  Whether he lives in one of them is a factor.  Church owned housing may be excluded.  Section 8 housing has different regulations than the FHAA.  There are some other minor exceptions.