Pet Agreement Addendum

[ErinGoBragh]

Only difference between service dogs and therapy dogs is that therapy dogs can be barred from public places.

Not really. An ADA service dog goes through rigorous training to perform certain tasks; a therapy dog is generally a dog that has been screened to make sure it is of the appropriate demeanor to live with someone who needs comfort. There's a huge difference there.

Therapy dogs that fall outside of this and cross into the ADA realm are ones that have been trained to do specific tasks to assist the owner, as I stated earlier. However, when most people use the term "therapy dogs", they are essentially referring to a pet that simply gives them comfort.

 

[Alaska landlord]

Fair Housing Information Sheet # 6
Right to Emotional Support Animals in "No Pet" Housing
Advocates and professionals have long recognized the benefits of assistive animals for people with physical disabilities, including seeing eye dogs or hearing dogs who are trained to perform simple tasks such as carrying notes and alerting their owners to oncoming traffic or other environmental hazards. Recent research suggests that people with psychiatric disabilities can benefit significantly from assistive animals, too. Emotional support animals have been proven extremely effective at ameliorating the symptoms of these disabilities, such as depression and post-traumatic stress disorder, by providing therapeutic nurture and support.
The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment.
What exactly is a reasonable accommodation?
Discrimination under the FHA includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a person with a disability] an equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord must provide the accommodation. The Department of Housing and Urban Development (HUD) and several courts have explicitly stated that an exception to a "no pets" policy would qualify as a reasonable accommodation. See, e.g., Bronk v. Ineichen, 54 F.3d 425, 429 (7th Cir. 1995) (balanced against landlord's economic or aesthetic concerns as expressed in a no-pets policy, deaf tenant's need for accommodation of hearing dog is per se reasonable); Fulciniti v. Village of Shadyside Condominium Association, No. 96-1825 (W.D. Pa. Nov. 20, 1998) (defendant condominium association had not presented any evidence suggesting that the tenant's assistive animal created
http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html

 

[Alaska landlord]

Not really. An ADA service dog goes through rigorous training to perform certain tasks; a therapy dog is generally a dog that has been screened to make sure it is of the appropriate demeanor to live with someone who needs comfort. There's a huge difference there.

Therapy dogs that fall outside of this and cross into the ADA realm are ones that have been trained to do specific tasks to assist the owner, as I stated earlier. However, when most people use the term "therapy dogs", they are essentially referring to a pet that simply gives them comfort.

I was referring to in terms of what rights the owner has to enter into public places such as a bank, library, museum.

 

[ErinGoBragh]

Only difference between service dogs and therapy dogs is that therapy dogs can be barred from public places.

Fair Housing Information Sheet # 6
Right to Emotional Support Animals in "No Pet" Housing
Advocates and professionals have long recognized the benefits of assistive animals for people with physical disabilities, including seeing eye dogs or hearing dogs who are trained to perform simple tasks such as carrying notes and alerting their owners to oncoming traffic or other environmental hazards. Recent research suggests that people with psychiatric disabilities can benefit significantly from assistive animals, too. Emotional support animals have been proven extremely effective at ameliorating the symptoms of these disabilities, such as depression and post-traumatic stress disorder, by providing therapeutic nurture and support.
The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment.
What exactly is a reasonable accommodation?
Discrimination under the FHA includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a person with a disability] an equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord must provide the accommodation. The Department of Housing and Urban Development (HUD) and several courts have explicitly stated that an exception to a "no pets" policy would qualify as a reasonable accommodation. See, e.g., Bronk v. Ineichen, 54 F.3d 425, 429 (7th Cir. 1995) (balanced against landlord's economic or aesthetic concerns as expressed in a no-pets policy, deaf tenant's need for accommodation of hearing dog is per se reasonable); Fulciniti v. Village of Shadyside Condominium Association, No. 96-1825 (W.D. Pa. Nov. 20, 1998) (defendant condominium association had not presented any evidence suggesting that the tenant's assistive animal created
http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html

But then you need to look at what the ADA says..

Social animals, those used to address animal-assisted therapy goals, are trained and used in a wide variety of settings including hospitals, nursing facilities, schools, and other institutions. While several national organizations provide structured training and certification programs for these animals, most are not recognized as "service animals" under Federal law. Therefore, this category of assistance animals will not be referenced in this review of service animal policy.

http://www.nal.usda.gov/awic/newsletters/v7n2/7n2hende.htm

If her pet hasn't been through that certification process, it's not covered.

 

[ErinGoBragh]

I was referring to in terms of what rights the owner has to enter into public places such as a bank, library, museum.

Ah, okay.. for the record, I"m not trying to argue either, it just really seems that at least for using the ADA reason, her pet doesn't qualify/

 

[Alaska landlord]

Again, all op needs is a letter from the physician stating that OP has a disability and that he feels that a therapeutic animal would be of benefit to his patient. Therapy animals can do things like alert the owner that a seizure is about to occur, or signal a rise in blood pressure etc. They need not be service animals. Apartment manager or owner can ask how service animal will be of benefit. But may not ask the nature of the disability.

 

[Alaska landlord]

This is another blurb from fair housing website.

It should be noted that service
animals should be distinguished from therapy animals and emotional support
animals. Healthcare professionals utilize therapy animals as part of a treatment
plan, and therapy animals do not have access to public places.
8
Emotional
support animals “provide companionship, relief from loneliness [, and]
depression;” emotional support animals may be allowed in housing with “no pet”
restrictions, but they do not have access to public places.
9

 

[ErinGoBragh]

This is another blurb from fair housing website.

It should be noted that service
animals should be distinguished from therapy animals and emotional support
animals. Healthcare professionals utilize therapy animals as part of a treatment
plan, and therapy animals do not have access to public places.
8
Emotional
support animals “provide companionship, relief from loneliness [, and]
depression;” emotional support animals may be allowed in housing with “no pet”
restrictions, but they do not have access to public places.
9

That's interesting, I totally would not have thought that. Thanks for the enlightenment!

 

[CaringforMom]

thank you all for responding
I am going to seek a letter from my doctor for having the dog for my benifiet for emotional/therapy support whats the best way to have it worded?

Will this letter cover the fees and rent they are now asking for the dog? Or do i still have to pay thier fees?

I am abiding by their pet policy they gave me which asks that the dog be vaccinated, fixed, and be lisence up to date. My dog is completly up to date.

the inital problem of howling is being addressed by the vet and the dog will not be howling for long periods of time he just simply cant be left alone for long times.

thank you all so much
god bless