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Mom knew a diabetic service dog would be a big help to her daughter
Sandy Hamilton had done her research and she knew that a diabetic service dog would be a big help to her eleven year old daughter Amy.
After a recent seizure, a friend of the Hamilton’s started a Go Fund Me page to help with the cost of this potentially life-saving animal.
Two On Your Side shared the Hamilton’s story and a viewer, Jim Eagan of Colden stepped forward and offered to cover the costs associated with getting a service dog.
Now, thanks to Jim’s generosity, Sandy and her husband Dan are returning ALL the money donated for Amy’s service dog along with a heart-felt thanks for their kindness.
Coed sues after landlord banishes assistance dog
Coed sues after landlord banishes assistance dog
Posted with permission
Izzy, a 4-year-old miniature Chihuahua, is owned by a Grand Valley State University student who sued Meadows Crossing Apartments after its management denied her request to have Izzy live with her as a medically prescribed emotional support animal. (Photo courtesy of Fair Housing Center of West Michigan)
ALLENDALE, MI – A Grand Valley State University student is suing Meadow Crossing Apartments after its managers denied her request to have Izzy, her medically prescribed assistance dog, live with her.
Marissa Biesbrock, a second-year chemistry major, claims Izzy, a 4-year-old miniature Chihuahua, has helped reduce her symptoms of depression and anxiety disorder.
She and the Fair Housing Center of West Michigan are suing Silveri Management Company after she was denied a request to keep the dog in an apartment she planned to lease with three roommates near Grand Valley State University’s Allendale campus.
According to the March 19 complaint, Biesbrock “suffers from panic attacks, which cause her to experience a rapid increase in heart rates, tightening in her throat and stomach, bodily shaking, sleep deprivation and an overwhelming sense of danger.”
After she adopted Izzy several years ago, those symptoms were reduced, along with her need for anti-depressants, according to the lawsuit.
“Before Ms. Biesbrock had Izzy, any stressor in her life would trigger a panic attack, and she could not always anticipate when to take anxiety medication to prevent these attacks,” the lawsuit said.
“She found it very difficult to calm herself down on her own. With Izzy, however, the dog was able to sense when Ms. Biesbrock was about to experience an attack and could calm her down within minutes, often avoiding the attack altogether.”
The Fair Housing Center claims the apartment complex also has been told by the Michigan Department of Civil Rights that is in violation of state law by refusing her request to live with an assistance animal. At least two other requests for assistance animals have been denied by Meadows Crossing’s management, the lawsuit said.
Filed in U.S. District Court, the lawsuit claims the apartment’s denial to accommodate Biebrock’s disability is a violation of the U.S. Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act.
The lawsuit asks the court to find Silveri’s policy of not allowing assistance animals in violation of the law and enter an order allowing Izzy to live with her at Meadow Brook. The lawsuit also asks for unspecified damages and attorney fees.
Glenn Turek, president of Silvestri Management, declined to comment on the lawsuit on Monday, April 4. He said the company had just been served with the case.
“The Fair Housing Act guarantees people with disabilities the right to choose a place to live free from housing discrimination,” said Elizabeth Stoddard, director of advocacy for the Fair Housing Center.
“When a housing provider denies a reasonable accommodation request for an assistance animal, it is no less discriminatory than prohibiting someone’s use of a wheelchair,” Stoddard said.
“It is crucial to equal housing opportunity that housing providers properly understand and exercise their obligation to make reasonable accommodations for assistance animals,” Stoddard said.
“Companies in the business of providing housing are in the business of complying with fair housing laws, and that includes making reasonable accommodations for assistance animals,” said Nancy Haynes, executive director of the Fair Housing Center.
Jim Harger covers business for Mlive Media Group. Email him atjharger@mlive.com or follow him on Twitter or Facebook or Google+.
Veteran and her assistance service dog for PTSD denied hotel lodging
Cozmo the corgi might not look like your stereotypical service animal, but he is an essential part of his owner’s well-being. To do the job he was trained for, Cozmo must be able to go everywhere that his owner/handler Sandy Gessler goes — public space like restaurants, hospitals and hotels.
“He is not really a family pet, he is a little different,” Gessler said.
Gessler, was traveling on January 2 when she ran into a problem trying to find lodging. Though she made reservations with a local motel, when she arrived with Cozmo the manager asked her to leave, citing a no-pet policy.
“It was a really ugly feeling I had,” Gessler said.
The Americans with Disabilities Act states service dogs are not pets and are allowed in most public places, even if the business has a no-pet policy. Businesses that don’t accommodate a service dog are violating the law.
Gessler left the motel and found lodging elsewhere, but even there she didn’t receive a warm welcome. The second motel charged her an extra $10 for Cozmo to stay in the room, again against the ADA. She said the motel staff also asked for evidence or proof Cozmo was a service dog, also an illegal request.
“I find hotels very, very difficult to deal with,” Gessler said, adding she has had issues many times across the country.
The ADA clearly states businesses are only allowed to ask two questions regarding a service animal — “is the dog a service animal required because of a disability? And what work or task has the dog been trained to perform?”
Staff cannot ask for proof of a disability or ask for the dog to demo a task. Service dogs do not have to be specially licensed or registered and the owners do not have to carry special papers on them.
In Gessler’s case, her disability isn’t visible from the outside. It is an “invisible disability”.
“I deal with military post traumatic stress disorder,” Gessler said, who served 18 years in the military and did tours of duty during the Iraq War. She suffers from extreme anxiety, depression and even traumatic nightmares. In public, she can find it difficult to function, especially in unfamiliar places, such as when sleeping in a strange hotel room.
Cozmo, who has been with Gessler for 8 years, is trained to help Gessler remember to take her medication, help her through anxiety attacks, keep people at a distance when she is feeling uncomfortable, search strange rooms, bring her a phone when she needs to dial for help and many other tasks and commands. At night, Cozmo sleeps under Gessler’s bed, and will wake her from a nightmare or if she is deeply asleep due to her medications and depression and doesn’t respond to her alarm.
“Corgis are smart little dogs. This corgi is unbelievable,” Gessler said.
Service dogs who help with PTSD, other mental disabilities and diseases such as diabetes, epilepsy and heart disease are increasingly more visible. There are service dogs which can tell when its human partner is about to have a seizure, knows when a diabetic’s sugar levels are too high or too low and can even sense a chemical imbalance or blood pressure change, which can signal a cardiac event.
With so many different types of conditions, a wide range of breeds are now becoming trained service dogs. While a golden retriever might be good for a seeing eye dog, a dog as small as a Yorkie can be perfect as a PTSD service dog, depending on the person’s needs.
“It doesn’t matter the breed, as long as it finished the training. The breed is changing,” Gessler said.
The ADA make it possible for those with disabilities and service animals to live fuller lives.
“It facilitates those with disabilities to enjoy a life like we do. Why should that be denied to people with disabilities,” Commissioner Kevin Lindsey of the Minnesota Department of Human Rights said.
Dan McElroy, executive vice president of the Minnesota Lodging Association, said his organization puts out a legal guide each year for hotels, motels, resorts and other lodging businesses, outlining state and federal laws, including the ADA and service dogs.
He added many branded hotels educate their staff as well.
“We should accept service animals,” McElroy said.
One of the biggest problems facing businesses in regard to service dogs is fraud, McElroy said. There have been cases of people falsely proclaiming their animal as a service animal to get around a no-pet policy. This is illegal.
The ADA states only dogs, and in rare cases miniature horses, are considered service animals under the law. There is also a distinction between emotional support animals and service animals. Emotional support animals do not need special training and are not covered under the ADA.
However, because the ADA gives very little recourse for public places and businesses to question or not accept a service dog onto the premise, McElroy believes it is better to be safe than sorry.
“When in doubt, accommodate the dog as a service dog,” McElroy said.
Lindsey said with the aging population and more medical issues helped with the assistance of a service animal, it is going to become even more common to see service dogs in public spaces.
“The idea of people bringing service animals won’t be that unusual. They’re going to become more prevalent. It is nothing to be afraid of,” Lindsey said.
Gessler hopes the public and businesses become more educated about service dogs, especially those who serve a growing number of veterans with PTSD, traumatic brain injuries and other mental health issues. While the ADA accepts PTSD and mental illness service dogs, the Veterans Administration does not, though the VA is doing a three-year study on it.
“Society isn’t ready for this PTSD service dog,” Gessler said, and it leads to situations similar to the one Gessler found herself in while in Willmar.
“I would like businesses to be aware of the dos and don’ts of the law,” Gessler said.
Kent State University agrees to $145,000 settlement of federal lawsuit over assistance animals
KENT, Ohio – Kent State University would allow assistance animals in university housing and would pay a couple $100,000 as part of a proposed consent decree to settle a fair-housing lawsuit filed by the U.S. Department of Justice.
As part of the deal, which is subject to approval by a federal judge, the university also would pay $30,000 to the Fair Housing Advocates Association in Akron and $15,000 to the federal government.
But the consent decree, submitted Monday by all parties, states that the university and other defendants “deny all of the allegations in the United States’ Complaint and deny that they have violated the FHA in any manner, and contend that at all times, they operated university housing at Kent State in compliance with all applicable statutes and regulations that prohibit discrimination.”
The Justice Department sued in September 2014, alleging the university, its board of trustees and university officials violated the Fair Housing Act by discriminating against students with disabilities in student housing.
The federal lawsuit arose following a complaint filed with the U.S. Department of Housing and Urban Development by Jacqueline Luke, who had sought to live with a dog following a university psychologist’s recommendation that the animal would help alleviate her anxiety.
Luke, who has been diagnosed with anxiety and panic disorder, moved into a two-bedroom apartment in the university-owned Allerton Apartments in fall 2008 with her husband, Brandon. She began having panic attacks in 2009 and was treated in the university’s health services office.
She requested a housing accommodation for an “emotional service animal” in December 2009. The couple learned two months later, after acquiring a dog, that the request was denied. They moved.
The university allows students to keep fish in university-owned student housing and also permits “service animals” who are trained to perform tasks for the benefit of a person with a disability.
The lawsuit said the university and its employees refused to allow students with psychological or emotional disabilities to have assistance animals in university housing and treated them less favorably than students with other types of disabilities such as mobility disabilities or vision impairments.
As part of the settlement, the university proposes to adopt a policy on reasonable accommodations and assistance animals in University Housing and post the policy in housing and on websites.
See the decree — click here.
An assistance animal does not necessarily need to be trained, and is not limited to any specific type of animal, the decree says. The animal is restricted to the residence and may not accompany the resident to other areas of the university without permission.
The university also would provide education and training to its employees regarding the policy, and would be monitored for three years.
The $100,000 would be paid to Luke and her husband.
“We believe the consent degree speaks for itself so we have no further comment at this time,” university spokesman Eric Mansfield said in an email.
“Kent State University is to be commended for reaching an agreement that will benefit its students,” U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio said in a statement. “This agreement will help many people who are working hard to earn their fair share of the American dream.”
Unbelievable: VA PTSD facility turns away veteran’s service dog?!?
Former Army Spc. Kermit Scott was counting the days until Nov. 19, when he was to be admitted to a 30-day in-patient program run by the Veterans Affairs Department in Washington state.
Scott has experienced PTSD symptoms such as nightmares, social anxiety and anger since at least 2011 and felt the program, at the VA’s American Lake facility near Seattle, carried the promise of “being like normal.”
“I have friends who went through the program and it benefited them to the point where they could go out in public,” the veteran said.
But 13 days short of leaving for the program, Scott received a phone call from American Lake saying his service dog, Cooper, was not invited to come along.
The veteran, who deployed to Iraq and Afghanistan and earned a Purple Heart for injuries that include a gunshot wound, toe amputation and blast-related brain injuries, broke down and cried.
“It was devastating,” Scott said. “Cooper helps with my stability; he can tell when I’m having tremors and need assistance. He opens up doors, turns on the lights, gets my shoes.”
Many VA facilities allow service dogs; in 2014, the department modified its policies to allow trained service dogs into nearly all areas of its facilities and medical centers, as long as they are under the control of their handlers and the animals are trained to perform a task for a person with a disability.
But the regulation does not apply to most in-patient treatment programs at VA; directors of the department’s medical centers and clinics have discretion to choose whether a service dog can accompany a veteran to treatment. And in cases of acute inpatient care or inpatient mental health treatment, dogs are allowed only if they are part of a documented treatment plan.
“We have to manage the situation, putting the veteran first, and the ability for a local decision to be made by a director gives them the maneuverability to do that,” explained Troy Brown, senior security officer at the Veterans Health Administration.
But the department is weighing a change to the policy, publishing a notice in the Federal Register on Nov. 26 seeking public comment about the viability of allowing service dogs to stay on VA property with their veterans “for extended periods of time while the veteran is being treated in a residential treatment setting.”
Brown said the VA wants to accommodate veterans who rely on their service animals while being mindful of other patients.
“I foresee [this policy] being expanded and the notice is a step to get us started and work on the process,” Brown said.
Cooper, a Labrador retriever, is a trained mobility assistance dog who can perform 90 tasks, not least serving as Scott’s constant companion for two years, a job that gives Scott’s primary caregiver, his wife, peace of mind when she leaves the couple’s home in Fairbanks, Alaska.
The decision by American Lake came as a surprise, Scott said, because he thought the VA was required to comply with the Americans with Disabilities Act.
But as an executive branch entity, VA is exempt from the ADA, which requires private businesses or most public buildings to give access to service dogs at their facilities.
The changes VA made in 2014 to its service dog policies were designed to better align the department with ADA requirements. But VA still reserved the right to decide whether a service dog can accompany a veteran in an acute inpatient setting or residential treatment program.
In Scott’s case, the VA Puget Sound Health Care System, which oversees the American Lake facility, exercised that authority.
“I was like, ‘You’ve got to be kidding me.’ I tried therapy and it just ripped off the scar. I really want to do this program,” he said.
In a statement to Military Times, VA Puget Sound Health Care System officials said they “had not denied admission to any veteran due to [their] service animal policy.”
But they added: “Standard operating procedures for accepting a service animal into the treatment program were not in place due to the myriad accommodations that needed to be addressed.
“These include everything from managing the other 60-plus patients who may have complex medical conditions, such as allergies, or psychological issues related to animals, to addressing the toileting needs of service animals during hours the unit is ‘locked down.’ Prior to this new policy being implemented, veterans seeking admission entered the program without their service animal,” the statement went on.
The admission process has since been altered, according to the statement.
The change comes too late for Scott, who found another inpatient program that allows him to bring Cooper along. He will travel to Boise, Idaho, on Jan. 18 to start treatment at another VA facility.
“How surprising now, all of sudden after my complaint with the ADA and senators, [VA American Lake] hurries to put in place the policy to accept dogs to the program,” Scott said. “It’s the right thing to do. You have a lot of veterans out there who have service dogs.”
New Yorker’s new humor series, “Shorts & Murmurs,” disparages the mentally ill and emotional support animals
Making fun of people with mental illness, should be strictly verboten, as it only adds to their stigmatized status.
Sadly, The New Yorker’s new humor series, “Shorts & Murmurs,” is a shameful attempt to create humor at the expense of an already abused social group.
In the first video, titled “Pets Allowed,” inspired by a similarly silly article by Patricia Marx published last year, The New Yorker writer Marc Philippe Eskenazi tours New York with a series of assistance animals intended to appear absurd, beginning with a pig and touching on a turkey, before proceeding to a llama.
This is blatantly an act of making “fun” of (and trying to shame) people with disabilities who require assistance animals in order to enjoy the everyday activities of life.
The reactions of most New Yorkers he comes across are captured on film by video camera. Eskenazi shows bystanders a letter from a therapist (obtained online) which he presents whenever he is questioned. His demeanor is clearly mocking those who have assistance animals.
The New Yorker will soon be reminded, we live in an age where mocking the disabled is not only frowned upon, but appalling and morally bankrupt..
Some commentators are already noting the problem with this piece: “No thanks Patricia Marx for this article. You and The New Yorker just contributed to the negative stigma of mental illness. This mocks anyone actually benefiting from an ESA. This article encourages people who are on the fence to seek help with a disorder to not seek help. The next time there is an act of violence committed from someone with a mental illness … Think about this article of mocking and bullying that you have written and published…and consider that you might have contributed to it. Perhaps you should write an article that shows the benefits of an ESA.”
‘Amazing’: Service dog helps 11-year-old girl with rare disorder walk
‘Amazing’: Service dog helps 11-year-old girl with rare disorder walk
Courtesy Burton family
Bella Burton, 11, gets a kiss from George, her service dog.
She’s made so much progress, the family was recently astonished to see her dash and frolic in the grass as her big furry protector looked on.
“I don’t remember the last time I watched my child run through the yard,” Rachel Burton, Bella’s mom, told TODAY. “Seeing her just run was amazing to us.”
The Burtons, who live in Woburn, Massachusetts, will travel to Orlando, Florida, next month where George will be honored by the American Kennel Club for his impact on the family.
Courtesy Burton family
Bella and George share a light moment.
It’s been a long road for Bella and her loved ones.
When the girl was 2, her parents noticed she wasn’t keeping up on her growth curve. The problem stumped her doctor, who suggested genetic testing to find out what was wrong. The tests revealed she had Morquio syndrome, a progressive disorder in which the body doesn’t produce enough of a key enzyme. That leads to a buildup of sugar molecules, which can cause problems with bone development and growth.
It’s estimated the syndrome occurs in only 1 of every 200,000 births.
Courtesy Burton family
George accompanies Bella to her medical appointments.
In her young life so far, Bella has had nine major surgeries, including reconstruction of her hips and feet. She’s also had problems with mobility, getting around on crutches but using them more to swing her legs rather than walking on them. Her parents worried she was losing muscle strength in her lower body, relying on her upper body instead to move.
That all changed when she met George.
The Burtons weren’t looking for a service animal, but about two years ago, they heard about theService Dog Project in Ipswich, Massachusetts, which trains and donates Great Danes for people with balance and mobility issues.
Courtesy Burton family
Standing tall, with George’s support.
With its impressive height and heft, a good temperament and easygoing lifestyle, the breed is perfect for the job, the non-profit explains.
Most dogs are paired with adults, but when the family began visiting, it was clear the girl was ready for a canine companion.
“Once we saw Bella being around those dogs, how she was always in such a great mood and she loved going there, we thought, ‘What are we waiting for?'” Burton recalled.
“When she was visiting George and he didn’t want her to leave his kennel, they were like, let’s try them.”
Courtesy Burton family
George is now 2 years old and weighs 131 pounds.
The Burtons brought him home just for the weekend over several weeks at first, then permanently added George to the family in January. They’re grateful the fully trained animal was donated by the Service Dog Project.
Bella weighs 44 pounds and stands 43 inches tall. Soon, she put away the crutches and began to walk, with the help of her furry 131-pound friend. With her height, the dog’s back is right by her armpit, providing lots of stability.
Courtesy Burton family
Bella leans on George for support.
“She leans on him for support like she would if she used one crutch. But it’s much more exciting when it’s a dog than a crutch,” Burton said.
George now goes everywhere Bella goes. He spends the day with her at school, where he walks her from class to class and patiently lies in a bed right next to her desk. He doesn’t bark or demand to go outside, Burton said. The other kids are used to his presence and know they can’t pet him because he’s there to work.
George is also a comfort during Bella’s medical appointments, including a weekly six-hour infusion of a medicine that gives her more energy.
“At first, he did not like it when she would get her IV put in. He would want to get up and protect her. But then he realized it had to be done,” Burton said.
At night, he climbs into bed with the little girl, often sleeping beside her.
Courtesy Burton family
Bedtime for Bella and George.
Bella’s prognosis is hard to predict, her mom said. Some people with Morquio syndrome have lived to 20, others are in their 40s and still fine. Bella continues to see specialists who monitor her for issues related to the disorder.
Each time, George is there.
“He’s totally a member of the family now,” Burton said.
How to Sue if a Business or Landlord Discriminates Against You Because of Your Service Animal, Assistance Animal, or Emotional Support Animal
How to Sue in Small Claims Court if a Business or Landlord Discriminates Against You Because of Your Service Animal, Assistance Animal, or Emotional Support Animal
Why Use Small Claims Court to Sue for Discrimination?
If a private business or landlord discriminates against you because of your disability, you can sue them in federal court or state court or you can file an administrative claim with a federal or state agency. But, if your claim is for $10,000 or less, you can sue in small claims court yourself, without necessarily needing an attorney. The small claims process is quick and cheap. The rules are simple and informal. And, you don’t need a lawyer.
Which Laws Protect Me?
If a business open to the general public, like a restaurant, library, movie theater, hotel or medical office, discriminates against you because of your disability, you can sue them. A federal law called the American with Disabilities Act (ADA) protects you in every state of the U.S.A., as well as state laws and even local county and city municipal codes in some places.
What are the California laws?
There are three main California laws that protect you:
– Section 51 of the California Civil Code (the Unruh Civil Rights Act) protects you if a business treats you worse than it treats others without disabilities. Cal. Civ. Code § 51, et seq.
– Section 54.1 of the California Civil Code protects you if a business makes it hard for you to enter or get around a public area (like an inaccessible door or restroom). This section also protects you if a business stops you from using goods or services because of your disability. For example: not letting you use your service animal, or, does not give you the same service other customers would get. This section also does not allow landlords and other housing providers to discriminate against you based on your disability. Cal. Civ. Code § 54.1 “
– The Fair Employment and Housing Act (FEHA), makes it unlawful for any housing owner to discriminate against or harass any person because of their race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, source of income, or disability. Cal. Gov’t Code § 12955
You can sue a business or other organization open to the public, or a housing provider (or their employee) for breaking these laws.
What are the federal laws?
The ADA, specifically Title III, does not allow businesses open to the public (such as restaurants, hotels, grocery stores, retail stores, and privately owned transportation systems) to discriminate against you based on your disability. Title III of the ADA also requires that these businesses be accessible to people with disabilities. 42 U.S.C. §12182. Title II of the ADA has similar requirement for state and local government services and facilities. 42 U.S.C. §12131, et seq.
The Fair Housing Act (FHA) protects against discrimination in renting and buying a house.See 42 U.S.C. § 3604(f). The FHA states that discrimination includes a refusal to make reasonable accommodation to rules, practices or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling.42 U.S.C. § 3604(f)(3)(B). Similarly, the FHA requires landlords to permit reasonable modifications of the premises and of the rules (when needed to afford such equal opportunity to use and enjoy the dwelling). 42 U.S.C. § 3604(f)(3)(A)
What if a California business violates the Americans with Disabilities Act (ADA)?
California law allows you to sue for an ADA violation even though ADA is a federal law. Cal. Civil Code § 54.1. A business violates the ADA if it:
– does not give you equal and full use of its goods, services, facilities, and privileges; or – makes you use separate or different facilities (unless they do this to make sure you get the same goods and services as offered to others); or
– uses contractors or employees who discriminate against you because of your disability.
For more information on the ADA, visit the U.S. Department of Justice’s website dedicated to the ADA (www.ada.gov)
What does California law consider a “disability”?
California law protects people from discrimination due to an actual or perceived physical or mental impairment that makes achieving a major a life activity difficult.Cal. Gov’t Code § 12926(i) and (k). This includes physical and mental impairments, such as, but not limited to: chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart disease.
Is the business required to make an accommodation that I need because of my disability?
Maybe. The ADA says businesses may have to give you help, provide some device or technology, remove barriers, provide qualified sign language interpreters, or make a change in the way it operates so you can have equal access to its goods and services. But the law says these aids and adjustments must not be too expensive for the business based on the assets of the business and possibly the parent company. or change the basic nature of the business. 28 C.F.R. §36.104. However, such situations are likely rare. The business also may not have to provide reasonable accommodations if the person requesting the accommodation poses a direct threat to the health or safety of others that cannot be eliminated or reduced by providing reasonable accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii) and (iii), Cal. Civ. Code § 51, et seq.
Can I sue any California business?
Yes. You can sue “any business establishment whatsoever.”Cal. Civil Code § 51(b). This means any business that is open to the public, including, for example: Restaurants, stores, theaters, ATM’s, gas stations – Hospitals, clinics, and doctors’ offices and lawyers’ offices – Planes, trains, buses, and cruise ships (airplanes have different laws that apply) – Private schools, adoption agencies, and businesses offering telephone, TDD and TTY connections – Health clubs, amusement parks or resorts. – Hotels, inn, motel, or other place of lodging (unless there are less than five rooms for rent and the owner lives there) You cannot sue businesses like purely private clubs or religious organizations.28 C.F.R. §36.104
However, just because a club has membership requirements, does not necessarily make it a private club under the law. Generally, to be exempt from the ADA the club has to be a non-profit, open only to members and their guests and cannot host public events, such as tournaments, community affairs or political fundraisers.
HUD announced today it is charging landlords of high-rise in New York with violating the Fair Housing Act by refusing emotional support animal
The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the owners and landlords of a high-rise complex in New York City with violating the Fair Housing Act by refusing to allow a resident with disabilities to have an emotional support animal.
HUD’s charge alleges that Friedman Residence, LLC (formerly called the Aurora), Common Ground Management Corporation, and The Actors’ Fund of America refused to accept that the resident required a dog to cope with the symptoms of his disability. Read HUD’s charge.
The Fair Housing Act requires housing providers to make reasonable accommodations in policies or practices when a person with a disability requires such accommodations, including granting waivers to “no-pet” policies for persons who require assistance or support animals.
Additionally, the law makes it unlawful to make housing unavailable to any person because of a disability.
“It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity.
“Landlords have an obligation to grant reasonable accommodations when they are needed and HUD will continue to work to ensure that they meet that obligation.”
The case came to HUD’s attention after the resident, who has a psychiatric disability, filed a complaint with HUD alleging that his right to have an emotional support animal was denied.
The man lives in a two-bedroom apartment at The Dorothy Ross Friedman Residence, a 30-story supportive housing residence for senior citizens, working professionals and persons living with HIV/AIDS that is sponsored by the Actors’ Fund, a New York nonprofit for performing arts and entertainment professionals. When the tenant moved into Friedman Residence in 2004 he did not have a support animal.
However, in 2010 the resident began being treated by a licensed clinical psychologist and a year later bought a small dog. After recognizing an improvement in the man’s condition, his doctor recommended that he register the animal as an official emotional support animal. In February 2013, the landlords initiated eviction procedures against the man due to the presence of the dog.
The man subsequently provided the property management director with documents from his doctor and the National Service Animal Registry showing that the dog was an emotional support animal, but instead of accepting the documentation, the landlords sent the man a final “Notice of Termination,” stating that he had not sufficiently demonstrated his need for the animal.
Legal proceedings between the resident and the landlords in New York County Civil Court were stayed while this charge was investigated. HUD’s charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court.
If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the man for the harm caused him by the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose fines to vindicate the public interest.
If the matter is decided in federal court, the judge may also award punitive damages. In FY 2014, disability was the most common basis of complaints filed with HUD and its partner agencies, being cited as a basis for 4,606 complaints, or 54 percent of the overall total. Read HUD’s notice regarding service or companion animals.
Persons who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).
Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod Touch.