[Oagdu] housing accomidations

Fri Aug 21 15:49:45 UTC 2015

Dear all,

	I think it would be wise to couch our terminology in such a way that
we make it clear we are voicing our opinion.that being said, it is my
opinion that this agreement is not illegal. The provision of housing
accommodations to an individual with a disability is governed by the Fair
Housing Act under the jurisdiction of the Department of Housing and Urban
Development. The Fair housing Act does allow a housing accommodation to
request documentation of the need for an assistance animal and may require
such things as proof of vaccinations, responsible removal of waste, and the
like. Once the person leaves housing with their dog and begins to access the
areas governed by the ADA, such as dining areas, classrooms, and other
public facilities, the implementing regulations of the ADA come into play.
At that point, the person may not be required to present documentation that
may be requested under the FHA. I have attached a joint statement of HUD and
DOJ concerning this for everyone's edification.

Fraternally yours,
Marion Gwizdala

-----Original Message-----
From: Oagdu [mailto:oagdu-bounces at nfbnet.org] On Behalf Of Charles Hiser via
Oagdu
Sent: Thursday, August 20, 2015 8:46 PM
To: Ohio Association of Guide Dog Users List
Cc: Charles Hiser
Subject: Re: [Oagdu] housing accomidations

Honestly, I'm not sure. While the contract does have some clauses that are
illegal, and they are requiring things that they should not be able to
require, I am afraid that they might stonewall you in further housing
endeavors if you make too much of a fuss about this. At the same time
though, they shouldn't just be allowed to do this.

Charles Hiser

> On Aug 20, 2015, at 8:38 PM, Abigail Bolling via Oagdu <oagdu at nfbnet.org>
wrote:
> 
> my point exactly... is it worth my time in starting something over this?
or should I get a group of people together to fight it?
> 
>> On 8/20/2015 8:38 PM, Charles Hiser via Oagdu wrote:
>> Well, it doesn't matter. The contract is still partially illegal.
>> 
>> Charles Hiser
>> 
>>> On Aug 20, 2015, at 8:21 PM, Abigail Bolling via Oagdu
<oagdu at nfbnet.org> wrote:
>>> 
>>> Charles, this is a new thing that they are doing.
>>> This is not confirmed, but I suspect it is because they are allowing 
>>> ESA animals to live in campus housing this year and they don't want 
>>> anyone abusing the priveledge
>>> 
>>>> On 8/20/2015 8:19 PM, Charles Hiser via Oagdu wrote:
>>>> Hi all,
>>>> When I was a freshman at Wright State, and applying for on-campus
housing, they didn't make me sign any kind of contract. Legally, as has
already been stated, they cannot ask for documentation proving that a dog is
a service animal. They can, however, ask for documentation relating to your
need of a service animal. At least, housing can. For public access, they
cannot ask for that. I'm not sure exactly how the law would apply to a
university doing this, but I know landlords and apartment complexes can, so
I would think housing would be able to as well.
>>>> 
>>>> Charles Hiser
>>>> 
>>>>> On Aug 20, 2015, at 7:58 PM, Chris Tolle via Oagdu <oagdu at nfbnet.org>
wrote:
>>>>> 
>>>>> I echo what TJ just said.
>>>>> 
>>>>> tollebooth
>>>>> Chris Tolle
>>>>> 513-439-7931
>>>>> 
>>>>> Note: this communication was generated using dictation on an iOS
device.
>>>>> 
>>>>>> On Aug 20, 2015, at 7:11 PM, Timothy J. Meloy via Oagdu
<oagdu at nfbnet.org> wrote:
>>>>>> 
>>>>>> You are correct. Allergies are not a sufficient reason to deny an
accommodation for a service animal.also the request that you provide
documentation that cricket is a service animal is also illegal. You don't
have to provide documentation. But I'm thinking that your ID would be
sufficient to show that you both have completed training. Feel free to
contact me off list if you want to discuss this in further detail.
>>>>>> TJ
>>>>>> 
>>>>>>> On Aug 20, 2015, at 5:00 PM, Abigail Bolling via Oagdu
<oagdu at nfbnet.org> wrote:
>>>>>>> 
>>>>>>> Hi all,
>>>>>>> So apparently now, I must sign a contract each year to have my
service animal in campus housing.
>>>>>>> What worries me is there are two places in said contract where it
says something to the effect of If a student has a service animal, their
housing may be changed if another resident has a fear or allergy to the
animal.
>>>>>>> Am I wrong in thinking that this statement is just shy of being
illegal?
>>>>>>> 
>>>>>>> Here is the exact wording of the contract:
>>>>>>> 
>>>>>>> (E)
>>>>>>> T
>>>>>>> he student is responsible for assuring that the Animal does not 
>>>>>>> unduly interfere with the routine activities of the residence or 
>>>>>>> cause difficulties for students who reside there. Sensitivity to 
>>>>>>> residents with allergies and to those who fear animals is 
>>>>>>> important to ensure the peace of the residential community.
>>>>>>> Disability Services and Residence Life & Housing will work with 
>>>>>>> students in situations where an accommodation for an Animal 
>>>>>>> negatively impacts another student covered by the Americans with 
>>>>>>> Disabil ities Act. Housing relocation may be utilized to resolve 
>>>>>>> such conflicts.
>>>>>>> 
>>>>>>> (J)
>>>>>>> Residence Life
>>>>>>> & Housing
>>>>>>> has the authority to relocate a student and the Animal as 
>>>>>>> necessary per current contractual agreements.
>>>>>>> 
>>>>>>> 
>>>>>>> What do yall think of this?
>>>>>>> The school is also asking for propper documentation that Cricket is
in fact a service dog... but, no one will tell me what those documents are
or how I can get them! Which, if they have a problem once I get on campus,
pardon my unprofessional opinion, but, they will not like me very much at
all!
>>>>>>> 
>>>>>>> Anyway, I was just wanting to know yall's thoughts on this new
development. If anyone is interested, I can send out a copy of the entire
contract.
>>>>>>> 
>>>>>>> Thanks
>>>>>>> 
>>>>>>> 
>>>>>>> --
>>>>>>> Abigail Bolling
>>>>>>> Wright State University-2018: Rehabilitation Services
>>>>>>> Phone: (513) 512-3456
>>>>>>> "keep a smile on your face and a song in your heart, and just 
>>>>>>> let the music play." (Julie Anderson-Diamond) "Dance like no one 
>>>>>>> is watching, love like you'll never be hurt, sing like no one is 
>>>>>>> listening, and live like it's Heaven on earth." (William Purkey) 
>>>>>>> "Love is the triumph of imagination over intelligence." (H. L. 
>>>>>>> Mencken "We can only learn to love by loving." (Iris Murdoch
>>>>>>> 
>>>>>>> 
>>>>>>> _______________________________________________
>>>>>>> Oagdu mailing list
>>>>>>> Oagdu at nfbnet.org
>>>>>>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>>>>>>> To unsubscribe, change your list options or get your account info
for Oagdu:
>>>>>>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/tmeloy%40fuse
>>>>>>> .net List archives:  
>>>>>>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
>>>>>> _______________________________________________
>>>>>> Oagdu mailing list
>>>>>> Oagdu at nfbnet.org
>>>>>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>>>>>> To unsubscribe, change your list options or get your account info for
Oagdu:
>>>>>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/tollebooth%40g
>>>>>> mail.com List archives:  
>>>>>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
>>>>> _______________________________________________
>>>>> Oagdu mailing list
>>>>> Oagdu at nfbnet.org
>>>>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>>>>> To unsubscribe, change your list options or get your account info for
Oagdu:
>>>>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/tristar1693%40g
>>>>> mail.com List archives:  
>>>>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
>>>> _______________________________________________
>>>> Oagdu mailing list
>>>> Oagdu at nfbnet.org
>>>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>>>> To unsubscribe, change your list options or get your account info for
Oagdu:
>>>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/abigail.me.bolli
>>>> ng94%40gmail.com List archives:  
>>>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
>>> --
>>> Abigail Bolling
>>> Wright State University-2018: Rehabilitation Services
>>> Phone: (513) 512-3456
>>> "keep a smile on your face and a song in your heart, and just let 
>>> the music play." (Julie Anderson-Diamond) "Dance like no one is 
>>> watching, love like you'll never be hurt, sing like no one is 
>>> listening, and live like it's Heaven on earth." (William Purkey) 
>>> "Love is the triumph of imagination over intelligence." (H. L. 
>>> Mencken "We can only learn to love by loving." (Iris Murdoch
>>> 
>>> 
>>> _______________________________________________
>>> Oagdu mailing list
>>> Oagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
Oagdu:
>>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/tristar1693%40gma
>>> il.com List archives:  
>>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
>> _______________________________________________
>> Oagdu mailing list
>> Oagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
Oagdu:
>> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/abigail.me.bolling
>> 94%40gmail.com List archives:  
>> http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
> 
> --
> Abigail Bolling
> Wright State University-2018: Rehabilitation Services
> Phone: (513) 512-3456
> "keep a smile on your face and a song in your heart, and just let the 
> music play." (Julie Anderson-Diamond) "Dance like no one is watching, 
> love like you'll never be hurt, sing like no one is listening, and 
> live like it's Heaven on earth." (William Purkey) "Love is the triumph 
> of imagination over intelligence." (H. L. Mencken "We can only learn 
> to love by loving." (Iris Murdoch
> 
> 
> _______________________________________________
> Oagdu mailing list
> Oagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for
Oagdu:
> http://nfbnet.org/mailman/options/oagdu_nfbnet.org/tristar1693%40gmail
> .com List archives:  http://www.nfbnet.org/pipermail/oagdu_nfbnet.org

_______________________________________________
Oagdu mailing list
Oagdu at nfbnet.org
http://nfbnet.org/mailman/listinfo/oagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for Oagdu:
http://nfbnet.org/mailman/options/oagdu_nfbnet.org/blind411%40verizon.net
List archives:  http://www.nfbnet.org/pipermail/oagdu_nfbnet.org
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Joint Statement of HUD and DOJ.pdf
Type: application/pdf
Size: 231079 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/oagdu_nfbnet.org/attachments/20150821/87d9a0f6/attachment.pdf>