[nagdu] REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT

Thu Apr 2 17:46:48 UTC 2009

Dear Marsha,

The Department of Justice ("DOJ") and the Department of Housing
and Urban Development ("HUD") are jointly responsible for
enforcing the federal Fair Housing Act

They have prepared a Statement that provides technical assistance
regarding the rights and obligations of persons with disabilities
and housing providers under the Act relating to reasonable
accommodations which can be found at: 

http://www.usdoj.gov/crt/housing/jointstatement_ra.php

More specifically, you may want to look at the following
questions that are covered in the statement:

6. What is a "reasonable accommodation" for purposes of the Act?
7. Are there any instances when a provider can deny a request for
a reasonable accommodation without violating the Act?
10. What happens if no agreement can be reached through the
interactive process?
12. When and how should an individual request an accommodation?
13. Must a housing provider adopt formal procedures for
processing requests for a reasonable accommodation?
15. What if a housing provider fails to act promptly on a
reasonable accommodation request? 
17. What kinds of information, if any, may a housing provider
request from a person with an obvious or known disability who is
requesting a reasonable accommodation? 
19. If a person believes she has been unlawfully denied a
reasonable accommodation, what should that person do if she
wishes to challenge that denial under the Act? 

You may also wish to share this document with your housing
provider.

Ginger

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org]
On Behalf Of Marsha
Sent: Wednesday, April 01, 2009 12:46 PM
To: 'NAGDU Mailing List,the National Association of Guide Dog
Users'
Subject: [nagdu] issue with building

This is going to be long, so please bare with me. I was notified
by my building that the parking lot would be repair next week. I
asked the Manager if the area I take my pup to park in would be
affected, and she said no, but in the same sentence she states
that I can no longer park my puppy there.
Because she and the workers have been finding dog poop back in
that area. I asked her to explain the location specifically, and
she said it was in the area she had originally told me to park my
puppy. I told her that I was no longer using that area, and ever
since the ice and snow I have been using the back park of the
parking lot. I use the concrete because it is easier for me to
pick up. So I told her it could not be my puppy, because I always
pick up. She said she could not deny or confirm it was my puppy
at all. She stated that it was a HOA rule that no animal can go
potty on the ground of the building. And that her telling me that
back when I moved in was a mistake. I moved in last year in
September. So I have been using the grounds all this time. I told
her my puppy is a service animal not a pet, and she said she knew
this. She also wants me to prove to her and the HOA that my puppy
is a service animal indeed. That because I have been taking my
puppy on the grounds all the other tenets think they can do the
same, and that she is just now notifying me because of pressure
from the HOA. I told her that I have to think of several issues
here, one I live in a big city and there is not a lot of grass
around to begin with. That number two I need to be able to get to
this area with out having to walk a mile down the road, that it
needs to be convenient to me. And the most important issue that
if other handlers do not pick up after their dogs, and if the
area is used by a lot of other animals and my puppy gets into
that, she can potentially get very sick. I do not have the funds
to take care of a dog who has gotten into other dogs waste, never
the mind that it would be time off for her from working. I want a
area that is away from where every other dog uses. She said it
was all up to the HOA, and that other tenats have complained. I
am planning on going in front of the HOA. And I am planning on
educating the building on this matter. I do not think this is
right, everyone in this building knows that Emma is a Seeing Eye
dog. Most of the tenats do not like me or my puppy, but until I
can find other housing I have to live here.
Where I have been taking her to park is out of the way, no one
walks there, and cars use it to turn around. 

Any suggestions on this matter would be ever so greatly
appreciated. Are there any laws on this? I am waiting to get the
HOA rules from my building manager, as I want to see for myself
it says no animals. I still will make the argument that she is
NOT a pet. Every time my building manager says it is a animal
thing I still state that she is not a pet, she is a service
animal. 

Thank you in advance,
Marsha 

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