Landlord: "I don't believe you need a service dog." Huh?
May 8, 2018 10:57 AM   Subscribe

I live in reduced-income housing in the Boston area, but am moving out in a month. I have been without a signed lease for over 4 months. Today, in signing a notice that I was moving, a board member said they did not believe my son needed a service dog and he asked for documentation.

He then said they had no documentation, and demanded that I provide them with some. I 100% KNOW that all they can ask about said service dog is (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?

They did not ask any of that; just, " I don't believe your dog is a service dog and you need to prove that she is and that you need one."

What are my options here? I'm moving so I'm inclined to just ignore this, but was wondering if I should do something else?
posted by yes I said yes I will Yes to Law & Government (14 answers total) 1 user marked this as a favorite
 
Ignore it and if they ask again, have ready the answers to the questions they’re allowed to ask with documentation that those are the questions they’re allowed to ask.
posted by bleep at 11:00 AM on May 8, 2018 [5 favorites]


Personally, I’d ignore it. If they ask again, I’d tell them that the dog is a service dog required because of a disability and offer to send them a link to the law that shows that you don’t need to prove it.
posted by insectosaurus at 11:07 AM on May 8, 2018 [3 favorites]


Get in touch with local tenants' right organization, and the ACLU to find a disability-ights' organization.
posted by theora55 at 11:07 AM on May 8, 2018 [2 favorites]


Since you're moving I would ignore it, but the laws surrounding support animals are more complex than you realize. The particular questions you mention are true of the ADA, but support animals in housing are not governed entirely by the ADA -- rather, they also fall under the FHA, among others.

In any event, according to HUD housing providers do have the right to ask for documentation for assistance animals:
Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability- related need for an assistance animal. For example, the housing provider may ask persons who arc seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.
posted by crazy with stars at 11:08 AM on May 8, 2018 [14 favorites]


I would let it drop regardless, but I think the rules are different for landlords vs. public accommodation under the ADA - this HUD document from 2013 says:
Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability-related need for an assistance animal.
Edited to add: jinx
posted by mskyle at 11:10 AM on May 8, 2018 [1 favorite]


Great minds think (and quote) alike!
posted by crazy with stars at 11:11 AM on May 8, 2018


In addition to why mskyle and crazy with stars said, I'll note that emotional support animals don't actually need to be trained to perform any tasks. They are not, however, given the same rights to public accommodations that service animals (who are trained) are.
posted by lazuli at 11:17 AM on May 8, 2018 [2 favorites]


Best answer: Respectfully, crazy with stars and mskyle are not correct on this one. The term "service animal" is a very strict definition, and if you dog meets that definition, the ADA states that the housing provider may not ask about it.

Scroll down to the paragraph on housing here.

Let's assume the best and say that the board member is confused about the difference between a service animal and an emotional support animal. A housing provider is permitted to ask for documentation to support a request for a reasonable accommodation (like allowing an emotional support animal). They are not permitted to ask for documentation about an animal that qualifies as a service animal.

I would respond, "Regarding your request for documentation regarding [son]'s need for a service animal, per the ADA, I am not required to provide documentation. I am required to answer the following questions: 1. Is the animal required because of a disability? 2. What work or task has the animal been trained to perform? The answers to those questions are 1. Yes and 2. [whatever the task is]."
posted by Rock Steady at 11:18 AM on May 8, 2018 [4 favorites]


Best answer: Rock Steady, that link you provide specifies a difference between the FHA and the ADA -- and says the ADA only applies in certain limited housing situations, "for example with student housing." Otherwise it seems to confirm my earlier post that reasonable accommodation can require documentation.

Specifically, according to ada.gov, the ADA "applies to housing programs administered by state and local governments, such as public housing authorities, and by places of public accommodation, such as public and private universities." It is possible then that the poster actually is right: the question then is whether or not the poster's reduced-income housing in fact is "administered by state and local governments," in which case it is possible that the poster is correct that documentation is not necessary.
posted by crazy with stars at 11:31 AM on May 8, 2018 [1 favorite]


Response by poster: To clarify, she is a service dog and trained to mitigate issues arising from my kid's disability. This is local government housing. Dog Tax.
posted by yes I said yes I will Yes at 11:40 AM on May 8, 2018 [7 favorites]


Who, if anyone, supervises this guy? Regardless of the law, this an aggressive and completely inappropriate way to request any kind of documentation. It is meant to intimidate and/or demean you and your son. If there is no clear supervisor, I would be tempted to talk to the housing authority in the area or maybe a city council rep.

I'm moving so I'm inclined to just ignore this, but was wondering if I should do something else?

If you have the energy, you should report this because maybe you can prevent this happening to any other people who need service dogs.
posted by soelo at 11:42 AM on May 8, 2018 [4 favorites]


My concern would be that they are trying to assess a pet fee or calculate what of your security despite that they are going to take due to the animal.

If possible, and it isn't to much of a hassle, following up could save you some financial headaches if you are concerned.
posted by AlexiaSky at 12:42 PM on May 8, 2018 [11 favorites]


Response by poster: Thanks everyone. I spoke to another board member who was horrified tenants are being treated in such a hostile manner and is calling a board meeting to get to the bottom of this, but she also confirmed that because Detective Kima is a service animal (not an emotional support or therapy dog), those two questions are all they can ask. They do have a record informing them 10 years ago of my son's disability.

As far as damages, service dogs are held to the same security deposit standards as other pets which is fine because she's a clever and noble pup who hasn't done any damage despite being forced to wear baby clothes once, which is not part of her work.
posted by yes I said yes I will Yes at 6:11 AM on May 9, 2018 [5 favorites]


Detective Kima is an amazing doggo name. I'll amend my previous answer to include the phrase "I mind you asking."
posted by Rock Steady at 7:02 AM on May 9, 2018 [2 favorites]


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