[akf_ngu]

Hello.
I just want to make sure that I am giving out the right information. When we lived in Phoenix, it was never a problem for some reason, but since moving here to small town New England, I have run into a lot of issues with my daughters service dog that I never had to deal with before.

First, just cause I know how it works and the differences, yes she is a Service Animal, and not an ESA. She is for seizures and autism, and I have paperwork from her doctor.

We are going into a transitional housing program, designed with case management, education, and support. Long story short, at 31 I am on my own, independent and doing it all myself for the first time, and its daunting. I have been codependent for too long. So the program will help me get past that.

SO anyway, moving on.

Doing all the paperwork for the apartment in the program, my case manager came across the paperwork for my daughters SD, and said "Oh, we can't have dogs here" I was a little shocked, as I said before, in Phoenix the laws were always pretty common knowledge. I explained that she was a service animal and she said "It doesn't matter, the director made it clear, no dogs ever" I was even more shocked and said flat out "That is illegal..." (I already knew that they are required to comply with the ADA and FHA, they are not a private organization, and they receive public funding as well as federal funding)

My case manager felt terrible, and I am not taking my frustration out on her.


But I did Email the director. And I was hoping I could share the Email, his reply, and my reply, with you guys, and make sure I was correct, and giving all the information needed.










**Me to Director**

Greetings.

I was so surprised to find out that my daughters service animal was not welcome at *** ******* ********, after waiting for a year and a half and working with Bev and Pauline for so long, and finally facing the possibility of moving into our apartment, I find out we couldn't if we do not send my daughters service animal to a foster home.

I was hoping you could explain to me why. Bev was very nice about it, but she didn't seem to know why other than it wasn't allowed.

But I would really like to understand, because I was under the impression that *** ******* ******** had to comply with the ADA and FHA.

Thank you so much for your time! If you are the wrong person to speak to about this, could you please forward my question to the appropriate person?

-Jennie ******





***His reply***


Hi Jennie,

My apologies for the delay in getting back to you.

I'm reviewing this situation and your daughters circumstance. We do have a policy regarding pets not being allowed in the building.

In general we try to work with organizations like the humane society and others to find a temporary foster placement for pets while someone is staying in our program. Having said that we're aware and strive to comply with the ADA guidelines. We'll attempt reach a workable solution.

Respectfully,

Giff




***My reply***

Hello.

I am very happy with the alternatives that Bev has come up with for us, and we will be working towards getting an apartment elsewhere and being an outsourced client, and I am OK with that.

I would just like to help you understand, and possibly you may want to look deeper into the laws, as a service animal is not a pet, and is no different than a wheel chair in the eyes of the ADA. And obviously you would not deny someone access to the building because of a wheel chair, or request that they get rid of it.

If you have any questions about the ADA I am more than happy to answer them for you. Or point you in the right direction to get the information.

Thank you so much for your time!

-Jennie

[ma0641]

Try here:
ADA Law Information

[Fr_Chuck]

They cannot refuse a service animal, their "no pet" policy can not be enforced on service dog.

You inform them this is a service dog, and that they are required to make reasonable accommodations, if they do not, you may sue them.

So after informing them, of this, and they refuse, merely ask them where do they want to be served the paper work for the law suit.

You will find a long list of attorneys glad to do this (or you should)

[akf_ngu]

Thank you both very much. I hope it doesn't come to a lawsuit :( I would hate to do such a thing. But I am also tired of this small town not having a clue as to what they are doing. The hotel we were in when we first came also thought they could charge us a pet fee until I corrected them.

[J_9]

The first thing you need to do is to correct him in that this is not a "pet" but a service animal used for your daughter's health issues. See if that gets you anywhere.

[akf_ngu]

I did. I haven't heard anything back from him after the second email yet. Hopefully tomorrow.

[Fr_Chuck]

I would say, stop using email, do it in person, to get answer, if you are dealing with an agent of a company, ask for the manager and also find out who the owner is and have them served a formal request for the accommodation, if they are not answering you.
Make the owner also understand (not just an agent) that the owner, the management company and the agent who is doing this, will all be liable.

Also if asked if there is any pets, the legal answer is NO, there are no pets. So on forms, if asked about pets, you always say no.

[talaniman]

I agree with Fr. Chuck, stop wasting your time with the small fry and go over their heads, and be prepared to file a lawsuit since chances are you win and they pay. You don't have to take our word for it, simply consult with a lawyer.

I am almost positive that THEIR boss will kiss your butt to accommodate you because that's what HIS lawyer will tell him to do.

[ScottGem]

Given your circumstances, I would contact the ADA. Ask them for a reference to an attorney in your area. Talk to this attorney and ask for advice on how to proceed. Most likely a letter from the attorney will be enough to get the director moving. But I can see future issues and having the name of a lawyer you can contact will be a good thing.

Did you ever see the movie True Grit? If so you might remember how the girl would invoke the name of her attorney whenever she ran into a stumbling block and it worked wonders. Just saying "I'll consult my attorney" is one thing but saying "I'll have J Noble Daggett, my attorney contact you" is another.

[ebaines]

I must say I though our letters were nicely done. Emphasizing that the service aniimal is not a pet is the right approach. It seems to me that his response: "we're aware and strive to comply with the ADA guidelines. We'll attempt reach [sic] a workable solution" indicates that he knows he is on thin ground, and hopes you will not push the issue and you will simply go away. I agree with the suggestion that you contact the ADA - you don't say what state you are in, so here is a reference to an ADA advocacy group that seems to call all New England:

New England ADA Center