[nagdu] guidedogs and apartment complexes

Marion Gwizdala via nagdu nagdu at nfbnet.org
Mon May 12 16:57:27 UTC 2014


Deanna,
	My opinion is that the law requires housing accommodations to make reasonable accommodations to allow an individual with a disability the right to have a service animal in their apartment. I suppose that, if the policy is that one can only have two pets, this would mean the service animal is not counted as it is not a pet. If the policy were to say the tenant may have only two animals, another argument might need to be made. The questions would then be, "What if two blind people with guide dogs lived in the apartment and one of them had a pet?" Policies are made by the management company and it is up to them to employ policy standards that are nondiscriminatory.

Fraternally yours,
Marion




-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Deanna Lewis via nagdu
Sent: Monday, May 12, 2014 11:39 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] guidedogs and apartment complexes

Hi Marion,
I have another similar question to this one. I may have asked it before, but I can't remember, LOL.
Say an apartment complex allows their tenants to have no more than 2 pets. Does the guide dog count as a pet? Or can the person have the guide dog, and 2 cats?
Thanks!
Deanna and Pascal

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala via nagdu
Sent: Saturday, May 10, 2014 10:28 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] guidedogs and apartment complexes

John,
	If your apartment complex wishes you to submit a request for acommodations, it is within their right to do so. They are obligated to grant your request unless doing so would pose a direct threat or the presence of your dog presents an undue burden to the company, neither of which should occur. If you have any questions, please feel free to write to me off-list. My contact information is below my signature.

Fraternally yours,


Marion Gwizdala, President
National Association of Guide Dog Users Inc.
National Federation of the Blind
(813) 626-2789
(888) 624-3841 (Hotline)
President at nagdu.org
http://www.nagdu.org

High expectations create unlimited potential for the blind!






-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of via nagdu
Sent: Saturday, May 10, 2014 3:13 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] guidedogs and apartment complexes

Hi,
ok.
The reason why I asked that is because: I had gone down to my apartment complex office and had told them that I would be getting a guide dog.
Does that need to be put in a request for reasonable accomidation?
I hope to hear from you soon.
Sincerely,
John Sanders


-----Original Message-----
From: Marion Gwizdala via nagdu
Sent: Saturday, May 10, 2014 12:39 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Subject: Re: [nagdu] guidedogs and apartment complexes

John,
One of the confusing issues concerning guide and other service animals are the different laws and rules that apply to specific circumstances. Housing acommodations are governed by the Fair Housing Act (FHA) and under the joint jurisdiction of the Departments of Housing and Urban Development ()HUD) and Justice (DOJ). The Fair Housing Act allows housing accommodations to require an individual with a disability to request for reasonable accommodations and those accommodations must be granted unless the housing accommodation can demonstrate that the requested accommodation poses a direct threat, creates an undue burden, or fundamentally alters the services provided. Under the Act, housing accommodations are required to grant reasonable accommodations by modifying their "No Pets" policies to allow an individual with a disability the right to keep an assistance animal in their housing accommodation and they cannot charge a fee for the animal, even if their policy is to charge a fee for a pet.

I have attached guidance from the Civil Rights Division of the DOJ you may wish to share with your landlord. This document may be obtained from

http://www.justice.gov/crt/about/hce/caselist.php#disabil

click on " Joint Statement of the Department of Housing and Urban Development and the Department of Justice - Reasonable Accommodations under the Fair Housing Act". Here is what is said in Question 11, Example 2 concerning deposits for assistance animals:

Because of his disability, an applicant with a hearing impairment needs to keep an assistance animal in his unit as a reasonable accommodation. The housing provider may not require the applicant to pay a fee or a security deposit as a condition of allowing the applicant to keep the assistance animal. However, if a tenant's assistance animal causes damage to the applicant's unit or the common areas of the dwelling, the housing provider may charge the tenant for the cost of repairing the damage (or deduct it from the standard security deposit imposed on all tenants), if it is the provider's practice to assess tenants for any damage they cause to the premises.

If you need any assistance or your landlord needs more information, you may call the NAGDU Information & Advocacy Hotline at 888-NAGDU411 (888-624-3841). I hope this information is helpful.

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of via nagdu
Sent: Saturday, May 10, 2014 11:15 AM
To: nagdu at nfbnet.org
Subject: [nagdu] guidedogs and apartment complexes

Hi,
I have a question: the policy at my apartment complex is that if the tennet wants to have a pet, they have to pay a $200.00 deposit.
I’ve tried to tell the apartment management that I’m going to be getting a guide dog.
They said that I would still have to pay the pet deposit.
I understand that they can’t do make me pay for having the guide dog in the building.
They told me that they need to have something in writing.
How should I go about finding out what section the apartment complex needs to read?
I hope to hear from you soon.
Sincerely,
John Sanders
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