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pomlover | I bought a condo, and board is making me to remove my aid dog bc of their 'no pet rule'? |
This may get a little long, but here goes:
I purchased a condo back in August. Throughout my search, I made a point to let everyone know that I have a dog and needed to buy a place that allowed dogs.
I found the place i wanted, and the listing stated 'no pets'... but the realtor called the management company, and they stated that there was a 100 dollar monthly fee if you had a dog.
I have severe anxiety, so in addition to my percribed meds, I was told by my doctor that having a dog is a healthy way to ease my depressed/anxious tendencies. That being said....
The week of the closing, I am alertet that the management company has changed and now the new management company is not allowing any more pets, and the pets that are already living there are grandfathered under old bylaws, and they arent allowing any new ones.
I was not able to pull out of my transaction, mostly because it was already too late to, and feared i would lose my 20% deposit (and life savings)....
so, I moved in August... and had to meet w the board of directors of the condo complex..and they were mean, nasty people and were not willing to hear anything... I then showed them a letter from my therapist, and doctor stating that I have a dog, but not as a pet, but as an aid that is part of my therapy.
2 months have now gone by, and i finally heard back from them stating that I must pay the 100 for the Aug fees, 125 for sept fees, and they are increasing the fee by 25 dollars each month until the dog is removed.
Any suggestions as to how to go about this? This is going to get quite costly, and I feel like they are being unjust. I can't turn around and sell my condo, and i won't get rid of him, since he is what has kept me sane for the 5 years that i have had him...
help!
Additional Details
the fee goes up by 25 each month... so, 100..125... 150...175... 200....etcetc
if it was just 125, then it would be a done deal..
thanks for all your answers! |
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reality69trip
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You want to have your dog declared an 'emotional support animal' (ESA) for chronic mental illness by your psychiatrist. This is not the same thing as a service dog, nor the same thing as a therapy dog. Your dog will not be allowed into public places, but does not have to be 'task trained' either. The ADA doesn't cover ESAs, but the Fair Housing Amendments Act (FHAA) does. You need to have written request of 'reasonable accommodation' to the landlord along with a letter from a physician. If the landlord refuses the request for accommodation, a complaint can be filed with the department of Housing and Urban Development (HUD). Here's some good links for more specific information: http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html
http://en.wikipedia.org/wiki/Emotional_support_animal
Linda
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Chalk
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Contact the ADA Contact the Disability Rights Section
For information and technical assistance about the Americans with Disabilities Act (ADA) contact the ADA Information Line 800-514-0301 (voice)
Explain your story, and I hope this helps. If all else fails, contact your State Senator or Congressman to intercede. My guess is the board is not prepared for this kind of response and will cave in and grandfather your pet. Also, I am not sure the 100 month increase is warranted. This is not their property (the condo inside is yours) You are only responsible if the dog causes damage outside
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ranger_co_1_75
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If you can get a doctor to write a letter backing your need for a companion animal, submit a copy of the letter to the board along with a copy of the Federal ADA laws.
If they deny you the dog, or charge extra because of your disability needs, see an attorney. Lots of attorneys are getting rich from educating business owners and land owners not familiar with the Federal ADA laws. |
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wendy_da_goodlil_witch
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since you have the dog for medical reasons, they should allow it. you should have some legal recourse. if you can't afford a lawyer, call a local tv news program that intervenes when someone is taken advantage of. maybe they can get your money back, if nothing else. you were open and honest with the condo company and should not be penalized. |
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goz1111
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Sounds like you are going to have to lawyer up on this one: But in general under the United States Justice department it would seem if you have a doctor’s prescription for the dog then technically under the law its not a pet as such not subject to the rules of the condo in regard to no pets
But if the board is not going to listen and fine you, then you will need a lawyer, to see if your animal would be a service dog under ADA or maybe your state grants same protection to therapy dogs
http://www.ada.gov/animal.htm
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I Buy And Sell Houses
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I'm not a lawyer, so this isn't legal advice. In addition, regulations are promulgated not only by the federal government (in your case, the Americans with Disabilities Act), but by states as well. What you need is a civil rights lawyer in the state in which the condo exists.
Beyond that, it's a gray area. For instance, see this link to the HUD website on Fair Housing and Equal Opportunity: http://www.hud.gov/offices/fheo/disabilities/fhefhasp.cfm
It says in part: "The Department has received a number of questions regarding applicability of the ADA to residential housing, particularly with respect to title III of the ADA, which addresses accessibility requirements for public accommodations. The Department has been asked, in particular, if public and common use areas of residential housing are covered by title III of the ADA. Strictly residential facilities are not considered places of public accommodation and therefore would not be subject to title III of the ADA, nor would amenities provided for theexclusive use of residents and their guests. However, common areas that function as one of the ADA's twelve categories of places of public accommodation within residential facilities are considered places of public accommodation if they are open to persons other than residents and their guests."
It also has this Q&A:
Q. Are condominiums covered by the Fair Housing Act?
A. Yes. Condominiums in covered multifamily dwellings are covered by the Fair Housing Act. The Fair Housing Act makes no distinctions based on ownership.
Problem is, the condo association could argue that what they're talking about is your right to purchase (they did allow you to purchase) and the common areas.
As I said, regulations also vary by state (and likely by city or county). For example, see this website from Florida: http://www.petsincondos.org/index.htm And the point is, people in every state could have similar, but legally distinct, issues.
What I'd suggest, first, is calling the Florida group. Ask if they're aware of any similar group in your state (wherever that is). Second, contact a civil rights attorney.
The condo association is being vindictive, especially since they grandathered in pets (including non-therapy animals) for existing owners. Your lawyer might also be able to take any documentation saying you'd be allowed a pet (hopefully you or your agent got something in writing) and, at least, argue that you should be grandfathered in under the same regulations since your condo purchase decision was made prior to the change in policy, and was based upon then-stated policy.
Again, I'm not a lawyer. And there are plenty of other possible arguments to use. (Check the legal page of the Florida site; they have some additional suggestions.)
Hope that helps.
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acermill
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You have a problem, and may have to dispose of the animal, or move elsewhere. The ADA rules do not cover animals such as yours. Only SERVICE animals are covered under ADA exemptions. That means an animal which is trained to perform a specific task or tasks for a physically disabled person. "Companionship' animals are not covered thusly. |
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gafpromise
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I don't think a dog as a treatment for a mood disorder, counts as an aid animal under the ADA. Aid animals have been trained in a specialized way to obey the owner's commands and perform services that the owner cannot.
You may be able to sue the Realtor to get your money back, who told you that your animal would be allowed. If you don't have anything in writing though, you may be stuck. |
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educated guess
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Pay the extra $25 and call it a day. |
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Heatherer
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Well it would help to know what state you are in.
I can't be sure yet, as eash state has slightly different laws, but this is likely unlawful discrimination. A place of business can't discriminate against service dogs, as they aid people with disabilities.
Also, did you sign the lease agreement before you were made aware of the fact that new pets were not being allowed, because if so, your dog would be held under the same grandfather clause as the current residents. |
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Bart M
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Seems if its an Aid Dog you should be OK |
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Landlord
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Your letters from your doctor stating you have a dog do not mean anything. Every person is positively effected by a pet, that does not mean they are disabled and require an assistant animal.
If you are disabled and this is an assistance dog it is certified as such, you simply need to present your dogs certification as an Assistance Animal and you are clear.
If this is just some dog that YOU have deemed an assistant then it is just a pet and not covered by laws protecting assistant animals for the disabled. You need the dogs certification to be covered under the American with Disabilities act.
Honestly, it does not sound like you even disabled, it sounds like you think you are special and need to be given special privledges, you just want a dog and to hell with anyone elses rights to live in an animal free environment. |
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