I have an invisiable disability, and a pshyatric service dog that I trained myself.I am wondering what my land lord can ask me about the dog or the dogs training, and if the land lord can still turn me away based on the dogs breed, stating that since the dog was not profesonaly trained it must not be a service dog?
Recommended Answer:
Landlords have much greater latitude than owners of public accommodations have because the duration of the relationship between you and your landlord is considerably longer than that between merchant and customer.
He is permitted to require some sort of documentation of your disability from a medical professional. It is not necessary that this documentation spell out the exact nature of the disability, but it should list off the major life activities that are limited by the disability. Ideally, it would also mention what the dog has been trained to do to mitigate that disability, and a statement by the doctor that in his professional opinion the service dog is necessary.
He may be permitted to require proof of training. I've seen it go both ways in court decisions. For example, in Bronk v. Ineichen the court found that the dog in question was not a hearing dog because the owner was not able to prove it had actually been trained (it was an owner-trained dog).
http://servicedogcentral.org/content/nod…
This proof might be in the form of a training log of all of the training sessions you put into training your dog, or various kinds of certificates to prove at least parts of his training, such as class completion certificates, obedience or other working titles, a CGC, etc.
If the dog is fully trained and working for you before you apply for the apartment, then generally the landlord cannot ban the dog based on breed. However, if he can show that the presence of a dog of a certain breed would cause an undue hardship for him, say an increased cost in insurance, then he might possibly succeed. If that breed is banned by local ordinance, then you are probably SOL.
The FHAA does not require that service dogs be professionally trained (same as the ADA in that respect). In fact, some courts have found that the dog need not be trained at all, but again, I've seen that go both ways, so it's not as clear as it is with a trained service dog. If the PWD can prove training, if the landlord is not exempt from the FHAA, and if the landlord cannot show it would be an undue burden, then generally the courts will side with the PWD (person with a disability).
http://servicedogcentral.org/content/nod… (sample letter requesting a reasonable accommodation)
http://servicedogcentral.org/content/nod… (doctor's letter supporting a reasonable accommodation)
http://servicedogcentral.org/content/nod… (brief overview of disability housing law)
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An internet search for "service dog certification" will only lead you to scam sites that will sell "certification" to anyone willing to pay $40 to $250 for it, regardless of whether their dog is actually a service dog. Businesses and landlords are becoming wise to these scams which are most often used by people wanting to pass off pets as service dogs, so save your money. If the agency doesn't actually test you and your dog in person, then their "certification" isn't worth the paper it is printed on and you might as well have printed your own at home.
--- edited to add ---
The ADA does not generally apply to housing other than public housing (housing owned by a government entity). The law that most often applies in housing situations is the Fair Housing Amendments Act. It is different from the ADA.
The ADA does not permit businesses to require proof of disability or proof of training. The FHAA does. The answer below me has confused the two laws.
Both the ADA and the FHAA do recognize psychiatric service dogs. The dog need not be trained for a physical disability in order to qualify, but he must be trained to perform tasks that mitigate the owner's disability.
Under the ADA, "Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." BUT "The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities." (Both quotes are from the U.S. Department of Justice)
The difference is TRAINING.
Now it gets even messier. The FHAA actually does tend to recognize emotional support animals, in addition to psychiatric service animals. HUD recognizes them, but some courts have not. So while the statutory law tends to suggest that a landlord must allow an ESA, the actual court cases run about 50/50 in my observations. An individual case might win or lose and it's very difficult to predict which way it will go with an ESA. However, with a PSD, where disability and training can be proved, the odds should be good the PWD would prevail.
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Recommended Answer:
Landlords have much greater latitude than owners of public accommodations have because the duration of the relationship between you and your landlord is considerably longer than that between merchant and customer.
He is permitted to require some sort of documentation of your disability from a medical professional. It is not necessary that this documentation spell out the exact nature of the disability, but it should list off the major life activities that are limited by the disability. Ideally, it would also mention what the dog has been trained to do to mitigate that disability, and a statement by the doctor that in his professional opinion the service dog is necessary.
He may be permitted to require proof of training. I've seen it go both ways in court decisions. For example, in Bronk v. Ineichen the court found that the dog in question was not a hearing dog because the owner was not able to prove it had actually been trained (it was an owner-trained dog).
http://servicedogcentral.org/content/nod…
This proof might be in the form of a training log of all of the training sessions you put into training your dog, or various kinds of certificates to prove at least parts of his training, such as class completion certificates, obedience or other working titles, a CGC, etc.
If the dog is fully trained and working for you before you apply for the apartment, then generally the landlord cannot ban the dog based on breed. However, if he can show that the presence of a dog of a certain breed would cause an undue hardship for him, say an increased cost in insurance, then he might possibly succeed. If that breed is banned by local ordinance, then you are probably SOL.
The FHAA does not require that service dogs be professionally trained (same as the ADA in that respect). In fact, some courts have found that the dog need not be trained at all, but again, I've seen that go both ways, so it's not as clear as it is with a trained service dog. If the PWD can prove training, if the landlord is not exempt from the FHAA, and if the landlord cannot show it would be an undue burden, then generally the courts will side with the PWD (person with a disability).
http://servicedogcentral.org/content/nod… (sample letter requesting a reasonable accommodation)
http://servicedogcentral.org/content/nod… (doctor's letter supporting a reasonable accommodation)
http://servicedogcentral.org/content/nod… (brief overview of disability housing law)
--- edited to add ---
An internet search for "service dog certification" will only lead you to scam sites that will sell "certification" to anyone willing to pay $40 to $250 for it, regardless of whether their dog is actually a service dog. Businesses and landlords are becoming wise to these scams which are most often used by people wanting to pass off pets as service dogs, so save your money. If the agency doesn't actually test you and your dog in person, then their "certification" isn't worth the paper it is printed on and you might as well have printed your own at home.
--- edited to add ---
The ADA does not generally apply to housing other than public housing (housing owned by a government entity). The law that most often applies in housing situations is the Fair Housing Amendments Act. It is different from the ADA.
The ADA does not permit businesses to require proof of disability or proof of training. The FHAA does. The answer below me has confused the two laws.
Both the ADA and the FHAA do recognize psychiatric service dogs. The dog need not be trained for a physical disability in order to qualify, but he must be trained to perform tasks that mitigate the owner's disability.
Under the ADA, "Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." BUT "The term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities." (Both quotes are from the U.S. Department of Justice)
The difference is TRAINING.
Now it gets even messier. The FHAA actually does tend to recognize emotional support animals, in addition to psychiatric service animals. HUD recognizes them, but some courts have not. So while the statutory law tends to suggest that a landlord must allow an ESA, the actual court cases run about 50/50 in my observations. An individual case might win or lose and it's very difficult to predict which way it will go with an ESA. However, with a PSD, where disability and training can be proved, the odds should be good the PWD would prevail.
Positive Reinforcement In Your Dog Training
- Sigh @ most other incorrect answers.
Service dogs DO NOT HAVE TO BE LICENSED OR CERTIFIED. However, you do not have a service dog unless he has been trained to assist you with a physical disability.
If your dog is an Emotional Support Animal (ESA), then you will need a letter from the psychiatrist who is currently treating you stating that the dog is an ESA. http://www.bazelon.org/issues/housing/in… The burden is on YOU to have a legitimate ESA. Should it go to court, the courts do not look kindly upon those trying to pass off pets are ESA's.
Additionally, the dog MUST act like a service dog. If the dog craps everywhere and is threatening to others, you can and will be asked to leave and it will not violate the ADA.
If the dog is not yet considered a service dog by the ADA, then your dog DOES NOT HAVE TO BE PERMITTED anywhere, unless your state/county has a specific law regarding service dogs in training.
To cover your bases and prevent problems, you need to get your dog PROFESSIONALLY trained at least in CGC. The dog should also get some sort of certification. You need to keep copies of all training certificates and you'll need to have your "prescription" for the dog renewed annually.
Unless you can provide proof that your dog has been TRAINED to assist you as a service dog, yes, you can be turned away in most cases (seizure alert dogs have more lenient guidelines). Unless you have a valid prescription/letter from a therapist/psychiatrist, you can be turned away. - VERIFYING THAT IT IS A SERVICE ANIMAL
People with disabilities who use service animals may often be easily identified without any need for questioning. If you can tell by looking, you should not make the person feel uncomfortable by asking questions. If you are unsure whether an animal meets the definition of a service animal, management may ask the person with the disability the following two questions in a discreet and non-threatening way:
Is the animal required because of a disability?
What tasks or services has the animal been trained to perform?
You may not ask questions about the person's disability. You may not ask to be shown certification or a special ID card as proof of the animal's training. You may not ask a guest with a service animal to use a specific entrance, exit or area of the business.
You may expect the animal to behave appropriately and be under the control of the owner/partner/trainer. You may expect the person to clean up after the animal if there should be an accident, but that is highly unlikely as most service animals are trained to "go" on demand and only in specific locations. - Unless your dog is a licensed, legal service dog, the landlord can treat it just like any other dog- therefore, if the place you're looking at doesn't allow pets, then you and your dog won't be allowed.
If you qualified for a service dog, you should have got one so it's a legal, proper service dog. You can easily end up banned from shops and other places for this- your dog is no different than any other pet. - If the dog is not certified as a service dog, it is not a service dog.
Service dogs go through a very intensive training that starts at 8 weeks old & will continue for at least another year or more.
Sorry, but your dog is not a Service Dog. IF you actually qualify for one, one would be provided for you. I doubt, very seriously , that you would even qualify for one. - Psychiatric support dogs are only just beginning to be recognized as Service Dogs in some areas - it's possible your dog may not be covered and he MAY be able to turn you away. Some areas accept them as such, others do not - i do not believe they are 100% covered under the same law as physical Service Dogs (such as seeing eye dogs.)
Could be wrong though.
If your dog is providing needed aid for you to survive then have a doctor and psychiatrist write you out a note for the dog and make the effort to register your dog with a service dog association. Then you'll be set.
Tons of information on this site, under FAQs:
http://www.psychdog.org/
Info on Fair Housing Act:
http://www.hud.gov/offices/fheo/FHLaws/y…
ADA definition of a service dog:
"Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. "
http://www.ada.gov/qasrvc.htm - Service dogs require registration to be afforded the privileges granted to them. I suggest you contact some local trainers that can provide you with the appropriate registration information. The breed is not relevant once the registration process is complete.
There are multiple organizations that can point you in the right direction. Do an internet search for "Service Dog Certification", you will get all of the information you need to proceed.
Then the landlord can ask to see your card, and not much else.
Good Luck - If your dog is a certified service dog, you will have a certificate proving this. Contact your local service dog society, they should be able to help with your landlord.
- Maybe there's an answer on these dog sites.
- tell him to get lost
