Service Dog & Landlord Issues

[ILGHAUS]

v. Housing Authority of Clackamas County

This is a case in a particular county/state/type of housing.

Not all cases will be under the same regulatory agencies. Again, first thing is to know which laws your type of housing falls under and what the qualifications and restrictions are.

[martemchik]

The biggest problem you will run into in court is that the tenant has lived without a seizure alert dog for the time being and all of the sudden needs one. I'm not saying that she isn't a candidate for one and this isn't a service dog but the landlord's lawyer (if it goes that far) will definitely point that out.

Make sure she studies those laws really well and figures out which one exactly she falls under.

[jlbjab08]

Originally Posted by ILGHAUS

This is a case in a particular county/state/type of housing.

Not all cases will be under the same regulatory agencies. Again, first thing is to know which laws your type of housing falls under and what the qualifications and restrictions are.

And how do you find that out?

[jlbjab08]

Originally Posted by martemchik

The biggest problem you will run into in court is that the tenant has lived without a seizure alert dog for the time being and all of the sudden needs one. I'm not saying that she isn't a candidate for one and this isn't a service dog but the landlord's lawyer (if it goes that far) will definitely point that out.

Make sure she studies those laws really well and figures out which one exactly she falls under.

Perhaps she never thought of it before? Perhaps she didn't have the means to afford an animal before? Just because she didn't get a service animal the second she started having seizures doesn't mean she doesn't need one now.

I used to stress constantly about my son going to college and living on his own with type 1 diabetes. It never occurred to me until recently that having a service dog for him would benefit him greatly(and decrease my fears). It doesn't help him any less now just because we haven't had a service dog in the past

[ILGHAUS]

There isn't a quick or an easy answer to this one. Housing can be a bear to figure out. The first answer given to someone on a housing question by a member here may be the advice to "threaten to sue" as you have housing rights under the ADA (or other law). This advice may be the start of more headache if someone would attempt to follow it. My bottom line answer is research and speak with a qualified attorney.

A general answer to help get someone started in research is to look at the laws that I already mentioned in this thread. Also remember that during court proceedings that a judge will be reviewing the rights of both parties under the appropriate law; court decisions can go for either party; and, the actual process can go on for over a year, during which time an individual may be subject to great stress and costly legal fees. During this time, an individual may be subject to invasive questioning on their medical condition and subject to extensive questioning on the training and qualifications of their dog. Any of the answers to this questioning may legally become available to the landlord and their legal representative.

[jlbjab08]

Originally Posted by ILGHAUS

There isn't a quick or an easy answer to this one. Housing can be a bear to figure out. The first answer given to someone on a housing question by a member here may be the advice to "threaten to sue" as you have housing rights under the ADA (or other law). This advice may be the start of more headache if someone would attempt to follow it. My bottom line answer is research and speak with a qualified attorney.

A general answer to help get someone started in research is to look at the laws that I already mentioned in this thread. Also remember that during court proceedings that a judge will be reviewing the rights of both parties under the appropriate law; court decisions can go for either party; and, the actual process can go on for over a year, during which time an individual may be subject to great stress and costly legal fees. During this time, an individual may be subject to invasive questioning on their medical condition and subject to extensive questioning on the training and qualifications of their dog. Any of the answers to this questioning may legally become available to the landlord and their legal representative.

I have a seriously difficult time believing that anything would be drawn out to that extent over something like a service animal. Most laws are pretty cut and dry about it and the stipulations for owning a service animal is short and to the point. 1) does said person have a disability that would require a service animal 2) does the disability interfere with that persons ability to function on a daily or long term basis in which a service animal could assist. I think you'd be hard pressed to find a judge that is interested in dragging anyone, let alone someone with a disability, through the mud and exploiting every detail of their life.

Just as much of a headache as it would be for a person to go through court, it would be the same for a landlord. I would file a complaint with HUD at the very least. Most landlords don't want to be tied up in the courts either risking a possible settlement being owed.

[ILGHAUS]

I have a seriously difficult time believing that anything would be drawn out to that extent over something like a service animal. Most laws are pretty cut and dry about it and the stipulations for owning a service animal is short and to the point. 1) does said person have a disability that would require a service animal 2) does the disability interfere with that persons ability to function on a daily or long term basis in which a service animal could assist. I think you'd be hard pressed to find a judge that is interested in dragging anyone, let alone someone with a disability, through the mud and exploiting every detail of their life.

In this matter we are both of course entitled to our own opinions and advice. Mine are based on my personal reading and research through other sources, my contacts, and my time spent in advocacy matters. As in all such matters, each individual will decide their own plan on how to begin.

[jlbjab08]

Originally Posted by ILGHAUS

In this matter we are both of course entitled to our own opinions and advice. Mine are based on my personal reading and research through other sources, my contacts, and my time spent in advocacy matters. As in all such matters, each individual will decide their own plan on how to begin.

I understand that. But some of what you said seemed off putting for someone that would want to pursue a discrimination suit. Your posts sound like there's way more hoops to jump trough than necessary. I don't think that's the case. You stated in a response to my post that my article referred to a particular county and state. Is that even relevant when federal law trumps any state or local laws?

[ILGHAUS]

You stated in a response to my post that my article referred to a particular county and state. Is that even relevant when federal law trumps any state or local laws?

I am posting advice on housing laws in general.

An example of such is a quote from link that you gave.
"However, in some instances, federal, state and/or local laws require
that no pet policies or limitations on the maximum weight of a resident's animal must be waived to allow persons suffering from disabilities to reside with an emotional support animal or service animal."
http://2012.servicedogsfl.org/brochu...etPolicies.pdf

If someone is not aware of a local (county) or state law on a particular topic then they are missing the chance to add that backing to their defense.

In the above part of the statement was based on different levels of the law dealing with the topic. Could a strong defense be based on just one level -- possibly -- but a good claim is going to be presented with as many facts of law as can be found to cover the situation. A good claim is going to be pro-active.

What if one side presents a Federal Law or section thereof in a manner benefiting their rights while the other side presents a different section for their rights? Then one side might put state or local law on the table to help cover their position.

But some of what you said seemed off putting for someone that would want to pursue a discrimination suit.

I am not going to give the advice of "threaten to take to court" or "claim your rights under the ADA." That is not in the best interest of any one posting a question here. I am not going to sugar coat it and tell someone not to be concerned as they are entitled to certain rights. I am going to advise them to go into any claim with their eyes open to possible concerns and go prepared to defend their claim. I am going to advise them in a manner that I feel best protects their interests.

Something as simple as a claim made based on a basic point such as definition of a SD could be the downfall of an individual's claim. Example ...
If someone gives a definition of a SD based on Title II or Title III of the ADA (Dept. of Justice) it can be dismissed by the court as not relevant as it is possible that the matter is legally addressed under 24 CFR Part 5 (Dept. of Housing and Urban Development).

When doing research and wanting to understand law on a particular situation it is in the best interest of an individual to know the background of any case law that they are referring and how that particular decision meshes with their particular concern or claim. And in part going back to a previous section of this post, in some cases - yes, could be very low probability but possible - a particular claim could have some basis on the location based on county. Not to derail in whole from OP but there have been decisions based on county BSL dealing with legality of SD. Being properly prepared on all relevant law will only strengthen a claim made by an individual or attorney.

As with any legal proceeding there can be many "hoops to jump through". If I believed the law was so clear cut I would not stress the need to seek legal advice from an attorney looking out for the individual's best interest.

The advice that I am giving throughout this thread and will continue to give on this and like threads is research and speak with a qualified attorney.

I would like to come back and add this disclaimer:
All my posts dealing with potential legal proceedings are based on my opinions based on personal education and experiences. I am not speaking as a professional legal advisor.

[martemchik]

Yeah...and then there is the problem of suing your landlord. That just doesn't seem like the relationship I'd like to have with the person that controls my living situation and also has to perform services for you when something breaks. So do you really want to be going through the courts every time your landlord delays fixing something in your apartment? There are a lot of things to consider when taking someone to court.

Like when it comes to a work discrimination suit...its usually for a monetary settlement/pay out...not for the job back. Doesn't seem very smart to keep working for a company because the law forced them to keep you on.

jlbjab...all the things that are being brought up are how the law works. Its not about what you or I think (you'd actually probably not be allowed to sit on a jury for this case as you are clearly emotionally connected to this subject). Federal law does not trump local law...federal law exists for the federal courts which deal with interstate relations (plaintiff and defendant are from different states so there is a question of what law to use) and even in those cases the law where the incident occurred will most likely be used.

Think of the drug laws...marijuana is now legal in some counties...and yet its highly illegal by federal law.