The National Psychologist’s January/February 2017 edition includes Richard’s article “What is a disability, anyway?” The article explains for mental health professionals why caution is needed in diagnosing a “disability” when the term has a legal, rather than a medical, meaning. You can read the full text of the article at The National Psychologist online edition. Those who are interested in the ways in which sloppy and even unprofessional diagnosis are feeding a boom in fake emotional support animal requests should check our earlier blog Just Say “No” to bogus ESA requests and email for a copy of our webinar on dealing with fake requests for emotional support animals.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, FHA, Landlord-tenant, Multi-Family, Reasonable accommodation Tags: FHA Litigation, private lawsuits, private litigants, service animals, support animals, therapy animals
When a Court refers to the case before it as a “sad commentary on the litigious nature of our society” you can be fairly sure that one party or the other is going to do badly. In Sabal Palm Condominiums of Pine Island Ridge Ass’n, Inc. v. Fischer, 2014 WL 988767 (S.D.Fla. 2014) it was the owner of a condominium development who decided to rely on superficially clever lawyering instead of common sense. The disabled individual who sought a service dog didn’t fare well either, but was, in the end, the winner. The case should be helpful to property owners and managers as they sort through what they can and cannot ask about when confronted with a reasonable accommodation request. More
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Legislation, ADA FHA Litigation General, Condominiums, FHA, Multi-Family Tags: assistance animals, Condominiums, developers, FHA Litigation, mental health disabilities, service animals, therapy animals
Many lawyers and governmental entities believe that anyone who is “disabled” for purposes of the Americans with Disabilities Act (ADA) must also be handicapped for purposes of the Fair Housing Act (FHA). This used to be true, but may not be anymore. The difference between a disability and a handicap has important practical implications for multi-family communities and others who are subject to the accessibility provisions of the FHA. More
One common bit of conventional wisdom under the FHA is that apartments and other housing providers cannot require a pet deposit for an assistance animal or service animal. This is certainly the position of HUD and the DOJ. (See, HUD memo dated April 25, 2013 and see http://www.ada.gov/qasrvc.htm). The position is based on the notion that because a disabled person is required to have a service animal it is discriminatory to require anything of such a person that would not be required of a person without a disability who had no pet. See Intermountain Fair Hous. Council v. CVE Falls Park, L.L.C., 2011 WL 2945824 (D. Idaho 2011). The question of whether it indeed violates the FHA to require what would be more rationally called an “animal damage deposit” is really more nuanced than this. More
By richardhunt in Accessibility Litigation Trends, ADA, ADA FHA General, ADA FHA Litigation General, Restaurants, Retail Tags: ada litigation, ada violation, mental health disabilities, service animals, support animals, therapy animals
With widespread media coverage of disputes about service dogs in bars and restaurants disability advocates, real and self proclaimed, are predicting an explosion of litigation about service dogs under the Americans with Disabilities Act. There has been no change in the statute itself, and the Department of Justice regulations for service dogs went into effect in 2011. However, as with other kinds of ADA litigation, it has taken some time for the implications of the law to work their way into the popular consciousness.
The easy situation for any business is a person with an obvious disability who comes to a business with a well behaved service dog wearing a vest or other identification. The ADA is clear – the dog and owner must be allowed in the store or restaurant even if there is a “no pets” policy in place. The harder situation, and the one that leads to media coverage and lawsuits, occurs when a person who has no obvious disability arrives with an unmarked dog and a bad attitude. Dealing with this situation, and any resulting problems, requires careful thought about just how service dogs fit into the ADA’s scheme of disability rights. More