[nagdu] apartment hunting need input hear

[Applebutter Hill]

Lori,
My thinking on this is that they can't do it. The spirit of the ADA with
regard to service dogs, spelled out in DOJ's hand-out to businesses, is that
a business essentially must treat a person with a service dog the same as a
person without one, and the service dog handler must have the same rights
and access as someone without a service dog. Therefore, your service dog
should not be used to restrict your right to have a pet dog in situations
like this where other residents have that right.

There are regulations under Fair Housing but my understanding is that they
are even more inclusive than the ADA. Have you called the ADA hotline on
this one? I see this in that gray area of understanding, where the business
has some knowledge about your rights, but is still convinced they have the
right to limit your access.  It's like the idea of being told that a motel
isn't refusing access to the service dog; they have a pet area and all dogs
must go there, when the regs clearly state that the service dog cannot be
limited to areas and conditions imposed on pets. They don't have the right
to charge you, but they do have the right to expect your dog to behave and
to charge you for any damage caused by your dog, service or otherwise.

Standing your ground on this may be as simple as presenting the information
in a confident manner. Housing is tough, though, because you have to live
somewhere, and unless you get their blessing up front, you will be faced
with the option of either going elsewhere or just moving in with both dogs
and facing a legal battle.
Donna

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Lori Dent via
nagdu
Sent: Sunday, March 29, 2015 5:45 PM
To: nagdu at nfbnet.org
Subject: [nagdu] apartment hunting need input hear

Hi all,

My fiancee Rick and I have a cat and a  Chihuahua and their our pets and as
you all know I have my guide dog Gipp. Rick and I are looking around at
apartments  because we eventually want to move from where were living at
now.

Acouple of weeks ago Rick and I went apartment hunting  and we looked at the
WoodGate  Apartments  because they do take small dogs and cats.So we went to
these WoodGate Apartments and  we sat down and talked with the manager or
management of WoodGate  Apartments and explained to them were looking for a
2 bedroom apartment  and that we came hear because they excepted cats and
small dogs. The manager or management  knew of my guide dog  because I
brought my guide with me when we looked at the WoodGate Apartments.

The management at WoodGate knows that they can't charge me for having my
guide dog. but hear's  the situation and I'm wanting thoughts and opinions
on this. Their policy  concerning pets is they allow one cat and one dog
that is it. So even though they can't charge me for Gipp because he's my
guide dog they consider him as a  dog. Meaning I can have Gipp  with me
without getting charged  and have my cat. But I can't have my small
Chihuahua dog . They said I can't have 2 dogs and a cat even though Gipp
doesn't count  but Gipp does count as a dog in the household . I'm not
giving up my Chihuahua.

So  I can only have a cat and one dog living with us  in these WoodGate
apartments. I can't have 2 dogs and a cat even though the management knows
that they can't charge me for Gipp they consider  him as a dog in the house
hold. So how can if any  can I go about having both dogs   living with me in
these potential  apartments.Their pet policy is cats and small dogs allowed
but with having Gipp which he is allowed and  they won't charge me for him
but considers him as a dog in the house hold meaning then I couldn' have my
Chihuahua then.

The oneAssisdent  manager did call their corperat headquarters  and asked
about  having 2 dogs  knowing that I have a service anemal my guide dog  and
a small dog and seeing if I could have both dogs  but corperat headquarters
said  no exceptions I can only have one dog and one cat. Ican't have 2 cats
and one dog or 2 dogs and one cat it's only one cat and one dog. Any
thoughts on this issue? Do I have any legal  rights hear or not?

Like I said I'm not giving up my Chihuahua  so I can have Gipp with me.
Besides, the management knows they can't charge me for Gipp. so he doesn't
count but on the other hand he counts because their considering him as a dog
in the household. But the pet policy does state cats and small dogs allowed
and if it wasn't for this  only one cat and one dog  rule Rick and I could
move into these WoodGate Apartments. Any thoughts and suggestions would be
very much appreciated. Take care.

Lori and the Gipper
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