FHA and ADA differences? Is this correct? - German Shepherd Dog Forums
 
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post #1 of 4 (permalink) Old 06-22-2013, 09:12 AM Thread Starter
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FHA and ADA differences? Is this correct?

This is on one of those paywalls so I am going to put it in a quote:
http://www.democratandchronicle.com/...nclick_check=1

Quote:
Dear Anne: I see in your column on a regular basis people asking about living in an apartment with a therapy and/or service dog. I am a puppy raiser for Guiding Eyes for the Blind. GEB is a certified school that trains dogs for people who are blind or visually impaired. These dogs are service dogs and are protected under the Americans with Disabilities Act (ADA). They cannot be denied access to any place in the USA. On the other hand, a therapy dog is a family pet that provides some type of therapy for humans — whether they help children read, visit hospitals or just make a person feel better. They are family pets and are not protected under the ADA. Unless the person has written proof that the animal has graduated under the training of an accredited service dog school, they are not protected under the ADA.There is a lot of grey area in this situation, but a service animal that is from an accredited school is a service dog, others are not. I just wanted to educate you on the differences. I read your column every week and learn a great deal and have passed along information to my adult children who are in the process of renting places for themselves. Thank you for listening.
— Marci
Answer: The Fair Housing Act addresses dogs and other animals, and, unlike ADA, does not require that the animal be graduated from a certified training school. The Fair Housing Act refers to all animals that assist, support or provide services to persons with disabilities as assistive animals. A therapy animal, for example, a therapy dog or cat, is not a mere “family pet.” HUD reasons that “support animals by their very nature, and without training, may relieve depression and anxiety, and help reduce stress-induced pain in persons with certain medical conditions affected by stress.” The reasonable accommodation law protects the use of assistive animals, also referred to as service animals, assistance animals or therapy animals where housing is involved.

Animals used in hospitals, nursing facilities, schools, and the wonderful golden retrievers seen comforting families after the Newtown shootings are considered “social animals.” Several national organizations train and certify social animals, but these animals typically are not protected under ADA or the Fair Housing Act

Unlike ADA requirements that animals providing physical tasks be certified by a recognized professional training organization, an assistive animal as defined by the Fair Housing Act need not be certified by such an organization. Landlords must allow assistive animals even if they have a “no pets” policy. A landlord may ask for written confirmation of the tenant’s need for an assistive animal from a doctor. The tenant remains responsible for keeping the animal under control at all times and for promptly cleaning up after it.




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post #2 of 4 (permalink) Old 06-22-2013, 10:33 PM
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Actually they're both wrong on one major fact. Service dogs do not have to be certified or registered by anyone, there is no national registering body nor any federally recognized certification process. They do have to be specifically task trained to mitigate their handler's disability, and have to be under control and house trained.

As for Therapy dogs they are right... Therapy dogs are not covered under either the ADA or FHA and are considered family pets.

The only other consideration is ESA(Emotional support animals). ESA's are merely pets which provide comfort for their disabled owners, no special training is required. They are Only covered under FHA and are allowed to live in non pet friendly housing, they are Not covered under the ADA and have no public access rights.

From the new ADA Business brief
Quote:
Often businesses such as stores, restaurants, hotels, or theaters have policies that can exclude people with disabilities. For example, a "no pets" policy may result in staff excluding people with disabilities who use dogs as service animals. A clear policy permitting service animals can help ensure that staff are aware of their obligation to allow access to customers using service animals. Under the ADA's revised regulations, the definition of "service animal" is limited to a dog that is individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. For example, many people who are blind or have low vision use dogs to guide and assist them with orientation. Many individuals who are deaf use dogs to alert them to sounds. People with mobility disabilities often use dogs to pull their wheelchairs or retrieve items. People with epilepsy may use a dog to warn them of an imminent seizure, and individuals with psychiatric disabilities may use a dog to remind them to take medication. Service members returning from war with new disabilities are increasingly using service animals to assist them with activities of daily living as they reenter civilian life. Under the ADA, "comfort," "therapy," or "emotional support animals" do not meet the definition of a service animal.
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post #3 of 4 (permalink) Old 06-23-2013, 03:09 AM
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Quote:
These dogs are service dogs and are protected under the Americans with Disabilities Act (ADA). They cannot be denied access to any place in the USA.
This is incorrect also. Wow, that is one mixed up piece of "facts".

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post #4 of 4 (permalink) Old 06-23-2013, 09:08 PM
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That article is all mixed up, besides the stuff about service dos needed to be from "a certified training school" which is wrong. They also say in one part that therapy animals are covered by HUD which is wrong. Then later they talk about "social animals" which is term I've never heard used but their description seems to be really referring to therapy animals. I think they are mixing up the term "therapy animal" with an ESA. I don't know where they got "social animal" from.


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