What is the name of your state (only U.S. law)? NY
This is a pretty crazy story, but hopefully someone can point me in the right direction. I am disabled as defined by the ADA. My partner and I are moving this weekend. We signed the lease last weekend and have been in communication with the Assistant Manager of the new apt complex since June. Prior to ever signing any paperwork, we informed the Manager and Assistant Manager (in person) that I would be receiving a service dog from a training organization out of state. They assured us it would not be a problem, and even told us that a blind gal with a seeing eye dog lived in the building next door. I was thrilled to find a place that was so accommodating.
We have selected a unit, done a walk-through, and signed the lease for this specific unit. This unit is *not* in a designated "pet building" on the property.
Today, three days before we are scheduled to move in, my partner gets a phone call saying we cannot move into the unit and we need to be moved into a pet building. The manager questioned my partner saying things like, "Well, will the dog be over 30lbs?" "How much do you know about the laws?" She referred to the service dog as a "pet". My partner said I would contact them directly because I knew about the laws. It's important to note that the blind gal lives in the building next to us, which is also *not* a designated pet building.
I sent management an email explaining the ADA and Fair Housing Act and noted that disabled handlers with service animals are not subject to enforced pet rules on the property, including, but not limited to: special housing, security deposits, etc. I am *hoping* this was a misunderstanding and feel that my email gives them ample opportunity to redeem themselves.
My specific question is, since we've already signed a lease that begins on Saturday, I'm thinking the worst they can do is saying "You can't move in". If that's the case, THEN what? The clincher is, I don't even HAVE the dog yet. Anything can happen between now and December (when I'm scheduled for training with the dog). This whole thing is just so bizarre.
Advice? Suggestions? I have offered to supply educational materials to the management regarding service dogs. I prefer to follow the motto: educate, mediate, litigate. This is obviously very stressful.
What is the name of your state (only U.S. law)?
07-28-2009, 09:36 PM
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