My father-in-law has a service animal, recently his apartment manager died and the building has a new manager who has been harassing my father-in-law. My FIL told him he was a service animal and doesn't understand why the man keeps asking for the dog to leave. Granted about 5 years ago he had a stroke and it is hard for him to recall all the legal terms so he has just kept quiet but we aren't sure what to do complain to the American Disabilities Association, or a lawyer. He is on a fixed income and only wants a lawyer involved if he has to. please advise.
He has lived in the apartments for 8+ years, has had the dog for 3 years and is disabled. The dog is very unobtrusive and trained so he is not in any way a nuisance and we feel my FIL is being singled out. Thank You.
lil_farfa2011-10-11T16:47:24Z
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First, Don't listen to landlord. She's wrong (and she knows it). Service dogs don't have to have certification. You don't have to show anything to go anywhere in public.
Second, I'm assuming your father-in-law submitted the required doctor's letter documenting disability to the original owner (only necessary in cases of housing, employment, school, and sometimes flying). If so, he should be fine. If not, he needs to get a letter from his doctor stating he is disabled and needs a service dog. Here is a link to a sample letter: http://www.servicedogcentral.org/content/node/304 (It's the second letter).
Third, to fight it, you have a few options.
First, you can call a disability advocate. They have boots on the ground and will send a person to help your father through every step of it. They also have legal power. To find one google, "Disability Advocacy in (your state)".
Second, you can file a complaint with HUD. Here's how: http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination
Third, you can hire an attorney, but that really isn't necessary.
If you want to contact me privately, feel free to send me a message. I'll help you.
What sort of documents show that your FIL is disabled and gets a dog? If you have something, did you give a copy of that to the building manager, or is it in his file. Maybe it's as simple as just sitting down with the guy and letting him know, as if the management doesn't know, wouldn't they just like to know the situation before you get a lawyer. Otherwise, lawyers can be consulted with and for a small charge, write a letter just asking for accommodations and support the request.
You might want to check to see if there is an office in your state that handles housing, landlord/tenant and find out what they say. Maybe the animal is not allowed, or maybe if the animal is allowed there is just some extra paperwork or expense (I've paid pet rent, $25 a month just for the courtesy of allowing my dog).
Per the Department of Justice, under the Americans with Disabilities Act, a service animal MUST be allowed to be in the apartment, under Federal Law. "Landlords who have a "no pets" policy cannot refuse to allow a disabled person to have a service animal. 24 CFR § 100.204(b). This is an illustration of the federal law that a landlord must make a "reasonable accommodation" to allow a disabled tenant to use and enjoy a dwelling on an equal basis with tenants who are not disabled. 42 U.S.C. § 3604(f)(3)(B)."
He doesn't need an attorney and he doesn't need to contact the ADA. All he needs to do is contact HUD because the new landlord/manager is acting in violation of the Fair Housing Act. The complaint can be filed online.
You don't identify your state, but you might want to Google your state's name and "Human Rights Commission." If you have one, you can also file a complaint with them.
Find out if the city or state has a renter's rights law, and then check with the ADA office in the state. The manager could be in big trouble for harassing your father in law. You can contact the government offices for free, you do not need to pay an attorney.