My landlord is trying to evict my fiance and I due to having a "service dog" i know this is illegal... HELP!?
My landlord is evicting/kicking my fiance and I out due to have a "dog"... I informed him that our dog is a certified ESA(emotional service animal/service dog) and that it is illegal for him to ask us to move out due to having it. I know that under the "fair housing act" that it is illegal and we could potentially sue him but i dont even know if we could afford a lawyer for this...?!?! I need advice on how to proceed... i plan on talking to a lawyer this week but any advice is more then welcome right now..... Thank you!
- lil_farfaLv 58 years agoFavorite Answer
OK people...ESAs are protected under the FHA. They are allowed in no pet housing.
First, you have to establish a few things:
1) Does the housing fall under the FHA? Not all housing does. There is something called the "Mrs. Robinson Exception". If the landlord owns less than 4 housing units and does not use a realtor, they are exempt from the FHA and do not have to allow any accommodations, including SDs or ESAs.
If the housing situation does not fall under the FHA, you are done, and will have to move. If it does go to number 2:
2) Have you properly requested a housing accommodation? To have a service dog or an ESA in no pet housing, you must first properly request one. This includes you writing a letter stating that you are disabled and need an ESA (or service dog). You must also have a doctor's letter that states:
1) That the person meets the act's (FHA) definition of disabled.
2) Describes the needed accommodation.
3) Shows the relationship between the person's disability and the need for the requested accommodation.
http://www.hud.gov/offices/fheo/library/huddojstat... (number 18 addresses documentation).
3) If, after knowing the housing does fall under the FHA and properly requesting an accommodation, call 1-800-Call-FHA and file a complaint with HUD. (HUD is the governmental agency that regulates the FHA).
Also, here is the final rule on the FHA. It's difficult to read, but if you can muddle through it...
Yes, ESAs are covered, but its not as easy as just saying, "My dog is an ESA (or service dog), so you have to allow it." There are exceptions to the law and some housing situations are not covered and you have to have medical documentation of the need.
Also, emotional support animals are not service dogs. Service animals are task trained to do something the handler can not do due to their disability. Providing emotional support or comfort is not a qualified task under the law. Emotional support animals are not allowed in non pet friendly public places and are only allowed in no pet housing and on planes with proper medical documentation. In all other situations, they fall under pet laws and regulations.Source(s): http://www.hud.gov/offices/fheo/library/huddojstat... http://www.hud.gov/utilities/intercept.cfm?/office... s/modelcodes/ANSI-NPRM.pdf http://www.ada.gov/service_animals_2010.htm I am disabled and have a service dog.
- 8 years ago
It really depends, if your landlord owns less then four rental spaces then no, it's not illegal because he doesn't fall under the FHA. If he owns 4 or more then he falls under the FHA and it's illegal. Also understand there's no such things as a certified ESA or Service Dog. ESA require no training Service dogs do, so there's a difference between them and it's important you don't mix it up when speaking to your lawyer.
You also need to know what the state laws are in regards to ESA or Service dogs depending on what it actually is. You might have to go Federal if the state law is not on your side. So it's important to know both. Not just federal laws. Anyways hope all goes well, good luck!Source(s): service dog trainer
- c6r2003Lv 58 years ago
Yes, get a lawyer. If you do end up suing, ask him if you can get it stipulated that the opposing party pays for your legal fees if they lose. I know it has been done from time to time in some jurisdictions, but I'm not an expert in this field by any stretch of the imagination.
EDIT: Contrary to what some people are saying on here, ESA ARE protected under the fair housing act, and, no, they are not required to be trained in a specific task. If just having the ESA fills a needed therapeutic function, then no trained task needs to be shown. This is explicit under the Department of Housing and Urban Development regulations, and it has been upheld in court. (ref: http://www.hud.gov/offices/fheo/FINALRULE/Pet_Owne... ). What you DO need, however, is just a note from your mental health professional saying that the ESA is therapeutically necessary.
- CheriepieLv 58 years ago
First....there is no such thing as ''certification'' for either ESAs or service dog.
Second....which is it? An ESA or a service dog?
Next...are you legally disabled? What does the dog do for you?
Your question can not be answered until you answer those questions.Source(s): Service dog owner
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- RosemaryLv 44 years ago
Most likely; the new government will have to include the radical parties to get a majority with Kadima staying in the opposition. Netanyahu (sp off, I'm sure) will not offend them by doing so. Nothing good happens when parties go partisan. Kadima's hands are tied during the transition.
- 8 years ago
You will never win because the ESA is not a service dog. A service dog is for blind people and dogs are not psychologist. If no dogs are allowed then you need to find a place that allows animals
- 4 years ago
informing him doesn't giv you any rights, you need to document it and stop calling it a service dog which it is not
- 8 years ago
you can't have your dog in the building, ESA are not a protected animal. if you are blind you would have a diff story but not an ESA.
- Anonymous8 years ago
yes you should get a lawyer
- xpatinasiaLv 78 years ago
Your landlord is not acting illegally.