[nagdu] Tenant Rights

craig.borne at dot.gov craig.borne at dot.gov
Tue Mar 10 14:12:53 UTC 2009


Marion,

I believe Rebecca might be referring to the following provisions in the Code of Federal Regulations for the Fair Housing Act, found at 24 CFR § 100.10(c)(2):

 (c), Nothing in this part, other than the prohibitions against discriminatory advertising, applies to:
    (1) The sale or rental of any single family house by an owner, provided the following conditions are met:
    (i) The owner does not own or have any interest in more than three single family houses at any one time.
    (ii) The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this paragraph (c)(1) of this section applies to only one such sale in any 24-month period.
    (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
 
 
 
 


Craig Borne
NHTSA/DOT
(202) 493-0627 
craig.borne at dot.gov
 
-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion & Martin
Sent: Monday, March 09, 2009 4:08 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Tenant Rights

Rebecca,
    All of this is conjecture, as we do not know the laws that govern fair 
housing in Canada or its provinces. My understanding of U.S. law, however, 
is not what is being stated here. My understanding is that the only 
conditions under which a landlord may refuse to rent to someone with a 
service animal is if they are renting a room in their private residence. Do 
you have the laws that reflect what you are stating?

Fraternally,
Marion



----- Original Message ----- 
From: "Pickrell, Rebecca M (IT)" <REBECCA.PICKRELL at ngc.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Monday, March 09, 2009 11:38 AM
Subject: Re: [nagdu] Tenant Rights


> Hi there.
> You've mixed up pet friendly v. guide dog.
> Figure out which yours is and act acordingly.
> Also, know that, and I'm thinking of U.S. law because I don't know
> Canadian, that depending on the type of unit, the landlord does not have
> to accept guide dogs. If the unit is made up of four or less living
> spaces, the landlord does not have to rent to you.
> You may have a case though if the other dog you mention belongs to a
> tennant.
> What I'd suggest you do is talk to whoever governs landlords in your
> neck of the woods, and bring statuteswith you when you do. You should be
> able to Google for this info.
> Lastly, thing long and hard if you want to rent from these people. They
> have the potential to make your life miserable.
> You may have better luck if you tried apartments, which doesn't sound
> like this situation is.
> I'm sorry, it isn't fair for this to be happening
>
> -----Original Message-----
> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On
> Behalf Of Heather Hutchison
> Sent: Saturday, March 07, 2009 5:24 PM
> To: nagdu at nfbnet.org
> Subject: [nagdu] Tenant Rights
>
> Hi all,
>
> My apologies if this isn't allowed because I live in British Columbia,
> Canada, but I was wondering if I could get some general input on what to
> do about being discriminated against due to the presence of my guide dog
> in applying for a rental unit.
>
> An acquaintance of my boyfriend was moving out of her apartment and we
> decided it would be a great area and a perfect place for us to live in,
> so we contacted the landlords (a husband and wife) to set up a viewing
> (we've seen the place before, but to do it officially). She set up a
> time the next morning for us to come and view the suite. My boyfriend
> mentioned the fact that I have a guide dog (not as a question of if it
> would be alright, but simply to state a fact) and everything changed.
> She said she would have to check with her husband and quickly hung up.
> She called back and left a message specifically stating that because
> there was another dog on the premises (these are completely separate
> units though) that because of my dog, we would not be considered to rent
> the suite. We have kept this message. We called her to try and explain
> the law (the guide animal act of British Columbia states that it is
> illegal to discriminate against a person with a disability because of
> their intent to keep a service animal in the rental unit unless
> sleeping, cooking or bathroom facilities are
> shared) but she would not listen. She put her husband on the phone and
> he proceeded to be incredibly rude, screaming that they did not have to
> accept a guide dog, essentially that the law was wrong. He said they
> weren't even having viewings (which is incorrect because we had
> previously had an appointment for that same day until they found out
> about my dog). He then said we could come look at it if we really wanted
> but that we wouldn't get it anyways. He said they were being threatened
> when we said we would take legal action. One last time we tried to read
> him the act, but he hung up in the middle of it.
>
> What should I do? I am having a very difficult time finding a place to
> live (I've heard every excuse in the book) and I'm tired of people
> blatantly ignoring the law. It is very difficult to find pet friendly
> suites in Vancouver and they are almost impossible to get into because
> they are in such high demand. I filled out a human rights complaint but
> have not sent it yet. Anything else I should do? Should I pursue this?
>
> Thank you very much in advance for any input you might have.
>
> Heather with Bibby
>
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