Service Dog & Landlord Issues

[martemchik]

Originally Posted by jlbjab08

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 wanted to add...look at how discriminatory this post is. You're stating that the judge wouldn't drag anyone, especially a disabled person, through the mud. First...the judge wouldn't be doing the dragging, it would be the defendant's lawyer. Second...and more importantly...you're saying the law should go easy on a person because they are disabled?

[jlbjab08]

Originally Posted by martemchik

Just wanted to add...look at how discriminatory this post is. You're stating that the judge wouldn't drag anyone, especially a disabled person, through the mud. First...the judge wouldn't be doing the dragging, it would be the defendant's lawyer. Second...and more importantly...you're saying the law should go easy on a person because they are disabled?

No I'm saying judges are able and do use discretion when it comes to exploiting someone's disability. These people wouldn't be on trial. Proving a service animal is just that is hardly a cause to advertise every details of a persons disability.

[jlbjab08]

Originally Posted by 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.

wow...i don't think you posted one accurate thing. thats quite the feat to be wrong about everything.

first of all, a service animal lawsuit would be a civil suit and there are no juries in civil suits so i won't have to worry about being emotionally connected to anything.

second of all, my landlord doesn't control my living situation. they are obligated to fix and maintain the unit in which i live. do i want to have a stressed relationship with my landlord? if it meant not being pushed/bullied around then yes, i'd call that a worthy fight. regarding your workplace analogy, i'd wager that most people WOULD want to keep their job. afterall, it's their livlihood.

and most importantly, if you're gonna google information you may want to verify that it's credible. federal law always supecedes local or state laws. state and local laws can only be more strict than federal laws, never more lenient.

your analogy regarding marijuana is also quite misguided. marijuana is only legal in some areas with a prescription. no prescription? you get arrested. comparable to oxycodone. oxy with a Rx=legal, without a Rx=illegal.

understand?

[jlbjab08]

allow me to add that the feds CAN and do raid many areas in california(in which the WHOLE state recognizes medical marijuana) and haul people off to jail and seize their property. there is no higher law than the feds. period

link:
The Feds Can't Stop Medical Marijuana, CA Activists Say [FEATURE] | StoptheDrugWar.org

[JeaneneR]

jlbjab08 - Housing law is a great deal more difficult than one could imagine and yes lawyers Will drag the disabled through the mud. Partly it's their job and partly because of the rising number of people who try to face service dogs or emotional support animals to get in no pet housing. It has became a big problem in the past 5+ years. Service dog law is very complex and while several of the federal laws have a least restrictive clause that doesn't mean that federal law (or more importantly the ADA which most handlers want to drag out for everything) covers every situation.

Original poster - First this is none of my business but I do need to advise you of a few things. First there is a question of is this dog a trained seizure alert dog or response dog. It's a fine hair to split but one that needs to be done. If the dog alerts to seizures there is no guarantee that the dog will alert to the New Handler's seizures. An alert for seizures can not be trained, and is difficult to hold up in court especially with a new placement. However a response Can be trained and is easier to hold up in court.

In case of a court battle the new handler will need a not from their doctor detailing that a service dog is required for the client's disability ( the note need not state the actual disability) as well as training logs proving the dog has received an appropriate number of hours training both in task work And in public access training. You will also want to make sure that the new handler knows how to handle the dog because regular training is required to keep a dogs public access and task training sharp.

As for the housing if the housing she is in falls under Fair housing act (which a good percentage of rentals do) then the steps she needs to take are fairly easy. Get a copy of the doctors not stating that the dog is required as a part of the regular medical treatment, and pick up dog and note. Drop by the landlord and bring the doctors note (I would also bring appropriate information on the Fair housing act) and give to the land lord. If landlord tries to cause trouble then she needs to contact HUD and have them start working on the case. Until the case goes to trial the landlord can't evict her and her service dog. It can be stressful, but ultimately if she doesn't fight it the landlord will think they can bully the next person to come along.