Disabilities act outlines rights, so get armed with information

Question: I’m having a difficult time finding a place to rent, and I suspect it’s because I’m disabled. What are my rights?

Answer: First, it’s important to know what federal law defines as disabled. According to Title 24 of the Code of Federal Regulations, a disability is “any physical or mental impairment which substantially limits one or more of a person’s major life activities.”

The Americans With Disabilities Act was enacted “to create a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” The U.S. Department of Justice provides free ADA materials that you may order from the ADA Information Line, (800) 514-0301 (Voice) or (800) 514-0383 (TDD), or by visiting its website at www.ada.gov.

You are not alone in not knowing your rights. According to research by the U.S. Department of Housing and Urban Development, only about half of Americans are aware that it is illegal for landlords to refuse to make reasonable accommodation for people with disabilities or to permit reasonable modification to housing. A full survey on housing discrimination due to a disability was completed in June 2005 and is available by link via www.hud.gov.

Several agencies, at the local level as well as the federal, can handle discrimination complaints. Some states have more detailed definitions as well.

The attorney general’s office in most states can provide more information. You may also want to consult an attorney.

*

Dog must qualify as a service pet

Question: My doctor suggests I get a dog, but my landlord insists the building does not allow pets. Don’t I have the right to get a dog if it’s a medical necessity?

Answer: It depends on the specifics of the pet request. The Americans With Disabilities Act defines a service animal “as any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.” If this definition is met, they are service animals regardless of whether they have been licensed or certified by a government agency.

Service dogs come in all shapes and sizes, as do their tasks. With more sophisticated training available, service animals aren’t just the classic seeing eye dogs anymore. Some assist in alerting the hearing impaired to sounds, and others may provide balance for people with mobility impairments. Pulling wheelchairs, carrying and picking up items for a disabled person are also qualifying skills.

Assuming your animal is indeed a service animal, then it is not considered a pet, but rather a medical necessity or assistance device. Consequently, the “no-pets” policy does not apply in rental units. If you’re not sure if your pet qualifies, a number of states have programs to certify service animals.

In accordance with ADA rules, allowing a service animal is considered a “reasonable accommodation,” even in a “no-pets-allowed” building. Even if pet owners are charged a pet deposit fee in some rentals, service animals are exempt from such fees.

Once the definitions have been established and your service animal has settled in, keep in mind that tenants have a responsibility as well. Taking proper care of the pet, including picking up waste and disposing of trash properly, is the pet owner’s responsibility. Damage caused by a service animal can also be assessed and charged to the pet owner, assuming the same cost is on a par with normal pet damage charges.

The pet must also behave like a good neighbor and not disturb others. Therapy animals, which are animals ordered by doctors to help in certain conditions, are not always the same as service animals. Current case law varies in deciding whether these types of animals fall under the ADA definitions. I would suggest contacting an attorney or local enforcement agency if your bona fide request for a service animal is ignored.

*

Reader comments may be sent to hmayspitz@aol.com.