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I need help in regards to my mini horses and local zoning, can ADA and Fair Housing Act help my case?

I bought a house with not quite 3 acres. I didn't know it was going to be a problem, but apparently I am not supposed to have my mini horses here in the country. I am disabled, cancer, fibromyalgia, diabetes, and the effects of radiation made it so I can no longer walk any distance, stand or sit for any amount of time. The doctor is writing a note stating that these are excellent therapy for me both physically, and mentally, besides caring for them, they are able to pull my modified chair down the road, and also carry stuff for me around the property, they can also pick up things for me. I am going to ask for a variance in the zoning so I can keep them. The zoning admin person told me I have to give $350.00 to hand in the variance form and they it would be denied. Do I stand a chance under the ADA and Fair Housing Act laws? They have an excellent sized area to run, shelter, and are up to date on shots, and worming, and trims and always food and water. Am I wrong in thinking this would be a reasonable request for zoning variance? Do I have a chance legally, under the ada and fair housing act. Before I became so ill I used to show dogs, and horses and be a very active person, these little guys give me my reason to get up in the morning. I really don't know what I would do without them.. Please any ideas or help...

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  • 1 decade ago
    Favorite Answer

    First, the definition of service animal under the ADA is changing this month. Farm animals, including miniature horses will be excluded. http://www.servicedogcentral.org/content/node/297 The FHAA uses the same definition as the ADA, but includes emotional support animals.

    Second, there have been several cases about zoning variances for animals claimed as service animals. I can name three off the top of my head and in all three cases the person asking for the variance lost. One was on a miniature horse ( Access Now v Town of Jasper http://asci.uvm.edu/equine/law/cases/use/access.ht... ) and the other two are about primates (one of which is Rose v Walmart et al http://servicedogcentral.org/docs/Rose_v_Walmart_e... , and the citation and link for the second escape me at the moment).

    Be aware that there are no ADA police. Both the ADA and FHAA are enforced through law suits. Typically it takes about three years for a decision to be made and it tends to be an expensive process unless you find an attorney to take it pro bono or on contingency.

    You can try your state's human rights commission (there may be a state law that applies), but it looks like your best options are to board your horses some place that allows them, or move some place that allows them.

    Source(s): I'm a disability advocate specializing in service animal issues.
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  • 4 years ago

    This situation may be covered under age. This chapter is intended to eliminate, as to housing offered to the public for sale, rent or exchange, discrimination based upon race, color, national origin, religion, creed, sex, marital status, familial status, age or handicap.

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  • Bevvy
    Lv 6
    3 years ago

    For Legal Advise I always visit this site where you can find all the solutions. http://SMARTFINANCESOLUTIONS.NET/index.html?src=5Y...

    RE :I need help in regards to my mini horses and local zoning, can ADA and Fair Housing Act help my case?

    I bought a house with not quite 3 acres. I didn't know it was going to be a problem, but apparently I am not supposed to have my mini horses here in the country. I am disabled, cancer, fibromyalgia, diabetes, and the effects of radiation made it so I can no longer walk any distance, stand or sit for any amount of time. The doctor is writing a note stating that these are excellent therapy for me both physically, and mentally, besides caring for them, they are able to pull my modified chair down the road, and also carry stuff for me around the property, they can also pick up things for me. I am going to ask for a variance in the zoning so I can keep them. The zoning admin person told me I have to give $350.00 to hand in the variance form and they it would be denied. Do I stand a chance under the ADA and Fair Housing Act laws? They have an excellent sized area to run, shelter, and are up to date on shots, and worming, and trims and always food and water. Am I wrong in thinking this would be a reasonable request for zoning variance? Do I have a chance legally, under the ada and fair housing act. Before I became so ill I used to show dogs, and horses and be a very active person, these little guys give me my reason to get up in the morning. I really don't know what I would do without them.. Please any ideas or help...

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    Source(s): For Legal Advise I always visit this site where you can find all the solutions. http://SMARTFINANCESOLUTIONS.NET/index.html?src=5Y...
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  • Anonymous
    1 decade ago

    I'd contact a lawyer

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