[nagdu] Request for Reasonable Accommodation

Tami Kinney tamara.8024 at comcast.net
Thu Dec 8 21:06:05 UTC 2011


Cheryl,

That is true for places of public accommodation which fall under the ADA.

In the case of DD's new dog, we're talking about the FHA, which covers 
housing, in which case the companion animal is covered under reasonable 
accommodation. In other words, the management cannot legally tell him to 
get rid of the puppy because of prior accommodation, and because she is 
a medical need for him.

However, this does not empower him legally to take her into the grocery 
store or on the bus, stuff like that, where the ADA applies. So that's 
where the legal definition that sets Mitzi apart from the puppy come 
into play.

Does that make sense? As guide dog users facing access issues in places 
of public accommodation, the work place, etc., I think we're all much 
more familiar with the ADA protections we have and the distinction 
between our dogs and other people's -- or even our own -- pets. /smile/ 
When it comes to housing, we're also covered with our service dogs under 
the FHA, but their definition doesn't change there, so we don't need to 
worry about the inclusion of companion animals in that context, either. 
Unless you have one of those households where you have both a service 
animal and a medically prescribed companion animal. Under the FHA, 
they're called different things, but the same protection applies. And so on.

Then there's the Air Carrier Access Act and a couple of others, just to 
make sure nobody will every be not totally confused. /lol/

Tami

On 12/06/2011 04:09 PM, cheryl echevarria wrote:
> I thought the Depart of Justice and the ADA changed the ruling on the
> companion dogs, that is has to be a recognized illness or disability that is
> considered a service animal, and a companion dog doesn't fall under the
> rules anymore.
>
> Leading the Way in Independent Travel!
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>
> ----- Original Message -----
> From: "Steven Johnson"<blinddog3 at charter.net>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
> <nagdu at nfbnet.org>
> Sent: Tuesday, December 06, 2011 7:04 PM
> Subject: Re: [nagdu] Request for Reasonable Accommodation
>
>
>> Julie et al,
>>
>> I would be very careful with the wording in terms of the type of dog that
>> is
>> being referred to.  In most cases, companion animals are considered simply
>> pets as found in the Job Accommodation Network.  By this simple fact, they
>> are subject to pet deposits and fees imposed on pets.  Make sure that the
>> dog is performing some measure of support for the individual and that
>> paper
>> trail is oh so important.
>>
>> Steve
>> Steve
>>
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
>> Of Julie J.
>> Sent: Tuesday, December 06, 2011 8:03 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Request for Reasonable Accommodation
>>
>> Tami,
>>
>> I think you're on the right track.  The only thing I'd add is to be
>> sure  to get their response in writing for your records.
>>
>> But I do have a question...do you need to re-request an accommodation
>> either under the FHA or ADA?  For example in this situation your room
>> mate has already had a companion dog and has presumably already gone
>> through the process of reasonable accommodation through the housing
>> manager.   The accommodation hasn't changed.  In my mind it'd be like
>> getting a new wheelchair or cane, it performs the same function as the
>> last one and all the relevant requests for accommodations would be the
>> same, so is there a need to go through all that again?
>>
>> Julie
>>
>>
>>
>>
>>
>> On 12/5/2011 2:23 PM, Tami Kinney wrote:
>>> Hi, gang!
>>>
>>> I thought I would ask this publicly to get more opinions and because
>>> it's something we all have or will run up against sooner or later.
>>> Unless we're lucky...
>>>
>>> So i need to write a letter for reasonable accommodation under the FHA
>>> for housing. In this case, it is for DD's companion dog, but the same
>>> rules apply there as for a guide dog.
>>>
>>> So my question is this:
>>>
>>> Is there a specific formula to use in a letter requesting reasonable
>>> accommodation?
>>>
>>> My thought is that we will simply copy the doctor's letter from
>>> acouple of years ago to a letter requesting reasonable accommodation
>>> in using the wording of the FHA for that which I should know by heart
>>> but always blank a bit on. /smile/
>>>
>>> So I need to look that up and ask specifically for the relaxation of
>>> the pets policy for the new companion dog.
>>>
>>> Is there anything there I haven't thought of or some better way to do
>>> it?
>>>
>>> Thanks!
>>>
>>> Tami
>>>
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>>
>>
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