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originally posted by: baddmove
I am writing this because lately it seems that too many young people are getting so called prescription pets to get around the "No Pet" clause in many leases. I work for a property management company and we have a strict "no pet" policy in our apartments. Lately we are getting tenants coming in with a doctors notice that Fluffy or Duke has a prescription to be a service animal. Fluffy is a cat and duke is a Pug. One other tenant has a bird for cripes sake!... I guess the youth of today just cannot live without that pet from home. (I work in a college town and ALL of our tenants are college students -WSU) Since I am head of maintenance, I get a chance to go in most of our apartments for service calls so I actually see these pets and the people who "need" them. Not a damn thing wrong with these kids I can see. It would seem that it is becoming more popular too..see here..LINK
A blurb from that link..
Under the current statute, the language of which is extraordinarily broad, almost any person can allege that they are “handicapped,” as it covers any condition that affects a major life function (eating, sleeping, moving about, conducting daily activities). That definition encompasses diseases like depression, insomnia, anxiety, obesity–the list is extensive. And for the past decade or so doctors have been “prescribing” pets to sufferers of these diseases, claiming that they are service animals and that the association must therefore allow the pet as an accommodation (or else risk violating the FHAA).
So now that we have these "P-Pets, we can't charge a pet deposit and we have to let them have whatever Pet the doctor says they can have..We can charge for damage at the end of a rental year but, sometimes it's pretty damn bad.. I'll leave you with this paragraph...
“Dear Sir/Madame, Due to the fact that he is suffering from situational depression, it is imperative that John Doe be able to continue to live with his dog, Fido, who has been his constant companion over the past ten years.
Should you have any questions, please feel free to contact me by email or telephone. Best regards, Dr. So-and-So.”
Now, readers who are practiced board members are probably rolling their eyes, because this is exactly the type of cursory, simplistic pet prescription that any family doctor can write for any person, making vague allegations of handicap. What exactly is “situational depression?”
Does it affect a major life function? Why does this man need a service animal? Can we really compare a person like this to a visually-impaired person who uses a guide dog? Is it fair to lump them into the same category?
How can a board respond to this type of request? All good questions. The first step our board took was to request more information.
When a disease is not visibly obvious, the board is allowed to request medical records sufficient to demonstrate that the disease exists, and that it does, in fact, impair a basic life function.
Additionally, the board may request detailed information on the doctor’s qualifications to make the diagnosis, and proof that the doctor is in fact the treating physician.
So this was our second step–ask our lawyer to contact Dr. So-and-So and ask him to provide additional information. We then received the following response.
“Dear Mr. Lawyer, In response to your letter, Mr. Doe is suffering from a depressive disorder.
Part of the symptom complex of the depressive disorder is insomnia: Mr. Doe has difficulty falling and staying asleep without his dog. When he is unable to get a good night’s rest, his cognitive functioning (directing attention, concentrating, and decision-making) also becomes impaired. His diagnosis is based on criteria from the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, published by the American Psychiatric Association. As a duly-licensed psychotherapist in Florida, my scope of practice includes diagnosis and treatment of mental, emotional, and cognitive disorders. Should you have any questions, please feel free to contact me by email or telephone. Best Regards, Dr. So-and-So”
originally posted by: baddmove
originally posted by: AreUKiddingMe
a reply to: baddmove
Get over it. Unless you're a doctor you're not qualified to decide if someone needs a companion animal or pet. There are a lot of issues at hand, from PTSD to many many other conditions. If the DOCTOR writes the letter, Your job is to do YOUR job, not his.
Seems like we have doctors just writing these prescriptions for no reason at all.
I can assure you that the biggest P-Pet a tenant has as of today weighs no more than 5 pounds..What kind of service animal is that? Most of these kids are gone all day in class while the pet is at home, I know, I see them when I go in to fix things, and I go in to fix things A lot...
originally posted by: Anyafaj
originally posted by: baddmove
originally posted by: AreUKiddingMe
a reply to: baddmove
Get over it. Unless you're a doctor you're not qualified to decide if someone needs a companion animal or pet. There are a lot of issues at hand, from PTSD to many many other conditions. If the DOCTOR writes the letter, Your job is to do YOUR job, not his.
Seems like we have doctors just writing these prescriptions for no reason at all.
I can assure you that the biggest P-Pet a tenant has as of today weighs no more than 5 pounds..What kind of service animal is that? Most of these kids are gone all day in class while the pet is at home, I know, I see them when I go in to fix things, and I go in to fix things A lot...
My dog is 7 1/2 pounds. She's part Chihuahua, Jack Russell, and mini-Pinscher. She'll be starting training here shortly as a PTSD Emotional Support Therapy Pet.
originally posted by: baddmove
Read the whole thread please..
thanks...
originally posted by: baddmove
originally posted by: Anyafaj
originally posted by: baddmove
originally posted by: AreUKiddingMe
a reply to: baddmove
Get over it. Unless you're a doctor you're not qualified to decide if someone needs a companion animal or pet. There are a lot of issues at hand, from PTSD to many many other conditions. If the DOCTOR writes the letter, Your job is to do YOUR job, not his.
Seems like we have doctors just writing these prescriptions for no reason at all.
I can assure you that the biggest P-Pet a tenant has as of today weighs no more than 5 pounds..What kind of service animal is that? Most of these kids are gone all day in class while the pet is at home, I know, I see them when I go in to fix things, and I go in to fix things A lot...
My dog is 7 1/2 pounds. She's part Chihuahua, Jack Russell, and mini-Pinscher. She'll be starting training here shortly as a PTSD Emotional Support Therapy Pet.
That is wonderful news...
This thread is more about the abuse of a law by college kids who are figuring a way to break a rule to get their way. In a nutshell.
originally posted by: Gryphon66
I've been a full-time real estate agent for 22 years, the general manager of a real estate and property management brokerage for 18, and a broker for three years. My main office is located at a gated resort community and we also manage 48 timeshare vacation homes located within, as well as various condo homeowners associations of various sizes.
I have seen bad landlords and bad tenants in that time. The ratio probably balances out, with perhaps a bit of a tilt to bad landlords. Bad landlords here are the ones who don't keep their property in the best working order, will not make timely or correct repairs, and will insist on retention of the security deposit if they can find any possible rationale. These are the folks who don't believe in "the cost of doing business" and feel like they should have no risk or loss in renting their property. I usually advise these folks to get out of the rental business, as it's just not for them.
On the other hand, I have been a good steward for my owners, and I have been in small claims and State court many times over the years, often, where possible, dealing with the case myself and saving the owner thousands in legal fees.
I think (or at least, I hope) that none here would have a philosophical problem with seeing eye dogs as service animals. Right? If you've ever seen the way an animal can enhance the life of a blind person, I don't see how you could have. Well, here's the thing, you don't have any problem with that, but you have an issue with someone who needs an animal to help with their mobility, say, or in the case of some mental illnesses, merely a comforting presence that the individual might not otherwise have.
The Fair Housing Laws cover genuine Disabilities. A note from a doctor is not always sufficient to establish a Disability.
HUD Statement
Not EVERYONE who has a service animal is a cheat, and not every PHYSICIAN who prescribes such treatment is a shyster.
It's very easy to fall into the "all or nothing" category of extremism.
Laws in Georgia are not that different from other states, and if anything they favor the landlord in general. Also, of note, I generally WORK FOR landlords, so if anything, my own livelihood depends on a bias toward the landlords concerns. And believe me, when a tenant is bad, you cannot really imagine what that means until you see (or smell) the results.
There must be a genuine DISABILITY for the Fair Housing/ADA laws to be invoked.
I think sometimes folks who have issues with these requirements have general issues with the Federal government at large, and these issues in turn get applied somewhat injudiciously. We are after all human.
Also, reasonable accommodation does not mean that a landlord's property can be destroyed or damaged with impunity. Damaged property is damaged property. It's generally a matter for small claims court or magistrate court. At least, that's the law in Georgia.
As to background checks, why should we be allowed to deny housing or services to someone who has served their time and paid the price for their crimes? We're not fortune-tellers; we don't and can't know what someone is going to do in the future.
These types of laws are in place to protect people from just that kind of "all-knowing" point of view, which sometimes is a subtle mask for discrimination.
originally posted by: bbracken677
All I can say is: The note has to come from a Licensed Mental Health Physician... in other words a Psychologist or a Psychiatrist. The family doctor is not acceptable.
I manage an apt complex and we have one of those. It's a puppy.. a Lab puppy. It's size will violate our size limit.