Three dogs: 2 pets, 1 service dog. Help me with the law.
October 14, 2022 10:24 PM Subscribe
I have separated from my spouse of many years. My teen offspring has come with me. We are in an apartment in a complex that allows two animals. We have three. One is my teen's service animal. Two are pets. Help me understand and assert our rights with the management.
The complex has been wonderful to work with and we are not interested in being antagonistic or confrontational with them. We are interested, however, in being assertive, as Dog #3 is not doing well with my spouse, who is not well-equipped to care for Dog3.
The management is not well-versed in the law around service animals. My teen's service dog is the first service dog they've ever dealt with; the other animals tenants had have all been emotional support animals, and at first they asked us to comply with ESA guidelines until I explained the difference, at which point they consulted the corporation that owns the place, understood I was right, and sent me the correct form, which asked me to confirm that my teen has a qualifying disability (but not to name it), and to identify tasks Service Dog is trained to do for Teen. This is in compliance with the law, and they also at this point understood that Service Dog is exempt from the upfront pet fee and pet rent.
Service Dog, I want to be very clear, is a Service Dog. We are not fucking around here.
We cheerfully (or, semi-cheerfully) paid the fee and pet rent for Dog2.
My teen would like to bring Dog3, for Dog3's well-being and teen's own.
Some people claim that, under the law, Service Dog doesn't count toward the 2-animal limit. The managers believe, per their corporate overlords, that Service Dog does count toward the limit.
First: Which of us is correct? Many people on the internet seem to think that, because a service animal must be allowed in a rental that doesn't allow pets, a service animal must be allowed as, say, a third animal in a rental that allows two pets, as in our situation.
I can't find anything in either my state's guidelines or HUD's guidelines that references this kind of situation, so while I wish and hope this is true, I'm skeptical of it.
Second: If it is true that Service Dog doesn't count legally toward the 2-animal limit, how can we best address that with management? What legitimate resource confirms it? It needs to first, convince me that it's legit, and then convince them.
Very grateful for your guidance.
The complex has been wonderful to work with and we are not interested in being antagonistic or confrontational with them. We are interested, however, in being assertive, as Dog #3 is not doing well with my spouse, who is not well-equipped to care for Dog3.
The management is not well-versed in the law around service animals. My teen's service dog is the first service dog they've ever dealt with; the other animals tenants had have all been emotional support animals, and at first they asked us to comply with ESA guidelines until I explained the difference, at which point they consulted the corporation that owns the place, understood I was right, and sent me the correct form, which asked me to confirm that my teen has a qualifying disability (but not to name it), and to identify tasks Service Dog is trained to do for Teen. This is in compliance with the law, and they also at this point understood that Service Dog is exempt from the upfront pet fee and pet rent.
Service Dog, I want to be very clear, is a Service Dog. We are not fucking around here.
We cheerfully (or, semi-cheerfully) paid the fee and pet rent for Dog2.
My teen would like to bring Dog3, for Dog3's well-being and teen's own.
Some people claim that, under the law, Service Dog doesn't count toward the 2-animal limit. The managers believe, per their corporate overlords, that Service Dog does count toward the limit.
First: Which of us is correct? Many people on the internet seem to think that, because a service animal must be allowed in a rental that doesn't allow pets, a service animal must be allowed as, say, a third animal in a rental that allows two pets, as in our situation.
I can't find anything in either my state's guidelines or HUD's guidelines that references this kind of situation, so while I wish and hope this is true, I'm skeptical of it.
Second: If it is true that Service Dog doesn't count legally toward the 2-animal limit, how can we best address that with management? What legitimate resource confirms it? It needs to first, convince me that it's legit, and then convince them.
Very grateful for your guidance.
Can you contact the organization that the service dog came from to see if they have any input/resources? Or at the very least point you in the right direction.
Also worth asking/researching is if you had your two dog limit and THEN acquired a service dog, how would that scenario work?
posted by Sassyfras at 10:44 PM on October 14, 2022 [2 favorites]
Also worth asking/researching is if you had your two dog limit and THEN acquired a service dog, how would that scenario work?
posted by Sassyfras at 10:44 PM on October 14, 2022 [2 favorites]
The representatives at the ADA hotline should be able to give you a definitive answer.
posted by oceano at 12:39 AM on October 15, 2022 [2 favorites]
posted by oceano at 12:39 AM on October 15, 2022 [2 favorites]
What if you just move Dog 3 in without saying anything? Is there a person who counts dogs going in and out? If you just walk them two at a time no one is going to notice that the number of unique dogs you walk is three. Just a thought...
posted by seanmpuckett at 5:27 AM on October 15, 2022 [4 favorites]
posted by seanmpuckett at 5:27 AM on October 15, 2022 [4 favorites]
Sounds like they are already aware that there are 3 dogs.
Can spouse handle Dog1 or Dog2 if one dog has to leave?
posted by jenfullmoon at 7:31 AM on October 15, 2022
Can spouse handle Dog1 or Dog2 if one dog has to leave?
posted by jenfullmoon at 7:31 AM on October 15, 2022
I think this would be governed under the Fair Housing Act or your state’s laws. The ADA doesn’t apply to most housing (see Q35 here). The FHA does generally follow the same rules as the ADA with regard to service animals though.
After some searching, my guess is that this issue - can you have two pets plus one service dog in housing that generally allows only two animals - isn’t really an area of settled law, and you won’t be able to find a resource explicitly addressing it. Hopefully I’m wrong and someone can find it though!
My own interpretation of the regulations is that you can have a third animal in this situation. A service dog is not a pet, and pet rules (pet deposit, restrictions on breed, etc) do not apply to a service animal. (See p14 here: Pet rules do not apply to service animals and support animals. Thus, housing providers may not limit the breed or size of a dog used as a service animal or support animal just because of the size or breed). So, I would argue that your lease allows two pets and you have two pets, and the service animal is separate and not subject to the rules. If they make you get rid of a pet to allow the service animal, they’re not treating you equally - they’re penalizing you for having a service animal by giving you different rules than everyone else (everyone else gets two pet dogs, and you only get one pet dog).
posted by maleficent at 9:19 AM on October 15, 2022 [5 favorites]
After some searching, my guess is that this issue - can you have two pets plus one service dog in housing that generally allows only two animals - isn’t really an area of settled law, and you won’t be able to find a resource explicitly addressing it. Hopefully I’m wrong and someone can find it though!
My own interpretation of the regulations is that you can have a third animal in this situation. A service dog is not a pet, and pet rules (pet deposit, restrictions on breed, etc) do not apply to a service animal. (See p14 here: Pet rules do not apply to service animals and support animals. Thus, housing providers may not limit the breed or size of a dog used as a service animal or support animal just because of the size or breed). So, I would argue that your lease allows two pets and you have two pets, and the service animal is separate and not subject to the rules. If they make you get rid of a pet to allow the service animal, they’re not treating you equally - they’re penalizing you for having a service animal by giving you different rules than everyone else (everyone else gets two pet dogs, and you only get one pet dog).
posted by maleficent at 9:19 AM on October 15, 2022 [5 favorites]
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posted by NotLost at 10:37 PM on October 14, 2022 [2 favorites]