Service Dog in Training and Housing

[Kijosiren]

We're not on a lease. They can kick us out for whatever reason. They'll evict me for that.

 

[quincy]

We're not on a lease. They can kick us out for whatever reason. They'll evict me for that.

Okay. Well ... you should look for a place with a landlord who is not going to have a problem with your dog-training.

 

[Just Blue]

1. There is no such breed as a pitbull (according to the AKC), it is an umbrella term for 20 or so different breeds.

2. Dogs considered by most to be "pitbulls" are like any other dog. You raise them with gentleness and love, that's how they'll be. The ones taught to be aggressive are raised by idiot owners that don't see any dog as a living being.

3. All of this crap about pitbulls was started by the media to give them something to warmonger about. Did you know that chihuahuas bite a lot more often than dogs considered to be "pitbulls"?

Going with my heart on this. What they're doing to me and my pup (who was being trained for my PTSD, then when he was done growing, I was going to train him to help with my balancing issues) is wrong.

I have the right to train my own dog.
I have the right to have one in the first place.
Any breed can be a service dog.
I should have the right to train him in my home.

SDiT are protected in the state of California.

I need to know what I can do about it that's not going to jeopardize the roof over my kid's heads.

1. You labeled your dog a pit in your opening post.
2. That is not always true. I know this because a dear friend of my family had his 3 year old mauled by their 2 year old pit "Popeye" ...that dog was raised in a loving home since he was 9 weeks old. He was a house dog...not a outdoor guard dog. Never NEVER abused. He just went off one day and almost killed a little girl (who was across the room coloring). Her father got his child out of the dogs mouth and tossed the dog in a room, closed the door and called 911. The police shot the dog 4 times before it went down.

This type of aggressive behavior happens a lot with pitbulls.

3. That is a really stupid thing to state. You are comparing a 3 or 4 lb dog with that of a 40-60 lb dog. Silly...

 

[Kijosiren]

I just moved into the place 2 weeks ago after being homeless for 2 years. There never was a lease.

Nevermind, though. I feel like you all are giving the same responses as Google... Only about fully trained dogs, and only what the ADA says.

 

[Just Blue]

I just moved into the place 2 weeks ago after being homeless for 2 years. There never was a lease.

Nevermind, though. I feel like you all are giving the same responses as Google... Only about fully trained dogs, and only what the ADA says.

Because the law only applies to fully trained dogs. You are not going to find a law that allows for the training to be in your apt/house. And considering that you just moved in ...to risk your home...your childrens home... over this is ill advised.

 

[bcr229]

If it's the insurance that's the issue then you can investigate getting a liability policy covering yourself and your landlord for damage done by your dog until it has been trained. If you have renter's coverage - which you should - you can see about an additional rider on the policy. If that company can't provide it there are companies that will do specialized coverage for these circumstances.

 

[DeenaCA]

The ADA rules on service animals are strict, but they do not apply to housing. Service and assistance animals in housing fall under the Fair Housing Act. An explanation of the differences is available in HUD Notice FHEO 2013-01. Note that the Fair Housing Act applies both to assisted and private-market housing. It exempts small-time landlords with no more than 3 single family homes or no more than 1 owner-occupied building of up to 4 units. However, California's Fair Employment and Housing Act only exempts landlords renting a single room in their own home. So even landlords who are exempt under the federal law could be held liable under the stricter CA law.

A couple of points from Notice FHEO 2013-01: first, an assistance animal in housing does not have to be trained or certified. Its job could be providing emotional support. Therefore, it does not mater whether an assistance animal is "in training" or "trained" or "untrained." Excerpt:

For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified.

Second, breed bans do not apply to assistance animals:

Breed, size, and weight limitations may not be applied to an assistance animal.

However, housing providers may refuse to allow assistance animals that "pose a direct threat of harm to others or would cause substantial physical damage to the property." This determination must be based on the animal's actual behavior, not its breed.

Information on filing a federal complaint with HUD is here; information on filing a state complaint is here.

 

[ajkroy]

Why can't you train a different breed to be your assistance dog? One that is allowed by your insurance?

 

[NeilTheCop]

Here's the thing. I have trained dogs before. I'm just not certified. Plus CALIFORNIA LAW PROTECTS SERVICE DOGS IN TRAINING. Regardless of the fact that as an insurance agent you'd question my ability, it is my right.

Besides, why don't they ask that dogs Not serviced have a temperament test done, no matter the breed. There are not certain breeds that are more likely to bite than others.

And pitbulls are one of them
https://people.com/crime/kentucky-boy-mauled-death-pit-bull-mom-owners-charged/
https://sanfrancisco.cbslocal.com/2019/07/24/alpaca-owner-devasted-as-pit-bulls-maul-her-herd-in-soquel/
https://www.insideedition.com/hero-teen-distracts-pit-bull-mauling-6-year-old-boy-saving-his-life-54758
Just a small selection from last week.

 

[Just Blue]

And pitbulls are one of them
https://people.com/crime/kentucky-boy-mauled-death-pit-bull-mom-owners-charged/
https://sanfrancisco.cbslocal.com/2019/07/24/alpaca-owner-devasted-as-pit-bulls-maul-her-herd-in-soquel/
https://www.insideedition.com/hero-teen-distracts-pit-bull-mauling-6-year-old-boy-saving-his-life-54758
Just a small selection from last week.

But...but...why didn't you post links to all the stories about killer Chihuahua's out there. I bet there are dozens of articles about the vicious beasties!!


https://en.wikipedia.org/wiki/Chihuahua_(dog)

 

[stealth2]

Of course, any type of dog can "turn". Even the most gentle dog can be triggered to bite (<- pictured dog, for example, who has. Which is why I am very careful with anyone around him.). Having been bitten, I can tell you that I would much rather repeat the experience with a Chi than a pittie.

Since this is an insurance issue, perhaps you should look into what coverage you can buy yourself to cover any incidents...

 

[not2cleverRed]

Why can't you train a different breed to be your assistance dog? One that is allowed by your insurance?

OP has neither insurance nor a lease.

The landlord has insurance.

But yes, considering that OP was homeless for 2 years and has been in the current residence for less than a month, if OP's "family" includes humans other than himself, he should take that into account in his actions.

 

[quincy]

Our old basset hound once bit a clown (the clown deserved it) but our insurance has no coverage-ban on the basset hound breed.

Our insurance does not, however, cover several other breeds based on dog bite statistics. Most insurance companies have similar breed-restricted coverage.

To have insurance to cover the listed breeds, a separate special policy is required.

 

[stealth2]

Our old basset hound once bit a clown (the clown deserved it) but our insurance has no coverage-ban on the basset hound breed.

Our insurance does not, however, cover several other breeds based on dog bite statistics. Most insurance companies have similar breed-restricted coverage.

To have insurance to cover the listed breeds, a separate special policy is required.

My home insurance took photos of my dogs prior to issuing coverage (beagles are also not part of a no-coverage ban), and this was prior to any issue *I* had with him.

 

[DeenaCA]

Here's what HUD has to say on the subject of insurance policy breed bans. A housing provider might be able to use this as a defense to a fair housing claim, if it could be proven that the insurance company in fact would not allow a specific breed and that comparable insurance is not available. And if the insurance company does not make exceptions for assistance animals, they could be charged with discrimination.