therapy animals
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Hunt article published in The National Psychologist
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 Continue reading
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Fido Frenzy Revisited – reasonableness is the key.
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 Continue reading
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“Disability” and “Handicap” are not the same, and it matters
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 Continue reading
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Unconventional wisdom concerning pet deposits under the Fair Housing Act.
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 Continue reading
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Fido frenzy – dealing with the service dog litigation explosion
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 Continue reading
