It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
originally posted by: Grimpachi
I can understand the animosity for being scammed, however through life I have rented places and paid the outrageous pet fees. I call them fees because you never get them back even if the place says it is a deposit. So in my opinion many places (maybe not yours) this is a case of the scammers getting scammed back.
TextThe Americans with Disabilities Act, 1990, (ADA), defines service animal as: “any animal individually trained to do work or perform tasks for the benefit of a person with a disability.” The ADA defines a disability as: “a mental or physical condition which substantially limits a major life activity such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”
TextTo be considered a service animal, the animal must be trained to perform tasks directly related to the person’s disability. “Comforting” or “giving love”, although clinically proven to be beneficial for people, is not acknowledged as a trained “task” by the Department of Justice, which enforces the ADA.
originally posted by: bbracken677
a reply to: Ektar
With regards to rental/housing ... it's not so cut and dried. I have done quite a bit of research on the subject, and you do not even have to have special training for an "emotional support" animal.
A) You cannot ask about the disability/condition.
B) You can ask what function the animal will perform but that is it.
C) You cannot charge a pet deposit...you cannot ask for one once you have been informed it is a service animal, regardless of whether it is emotional support or not.
D) Special training of the animal is not required, merely the designation by the tenant
E) You may ask for a document from a licensed mental health professional which corroborates the need
Other than the above A through E, you are screwed as a landlord/manager regardless of what your rules are.
Property managers/landlords are NOT required to make a reasonable accommodation under the Fair Housing Act for ESAs or Service Animals in these cases:
Buildings with 4 or less units where the landlord occupies one of the units
Single family housing sold or rented without a real estate broker
Hotels and Motels are not considered dwellings under the FHA but are considered places of public accommodation under the Americans with Disabilities Act
The FflAct and the U.S. Department of Housing and Urban Development's (HUD) implementing regulations prohibit discrimination because of disability and apply regardless of the presence of Federal Financial assistance. Section 504 and HUD's Section 504 regulations apply a similar prohibition on disability discrimination to all recipients of financial assistance from HUD. The reasonable accommodation provisions of both laws must be considered in situations where persons with disabilities use (or seek to use) assistance animals4in housing where the provider forbids residents from having pets or otherwise imposes restrictions or conditions relating to pets and other animals.
An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified.5While dogs are the most common type of assistance animal, other animals can also be assistance animals.