Re: Greetings and a question

[Guest guest]

,

Our holiday was something of a bust. I had a bad muscle strain in my side and a bit of a stomach bug jst before Christmas and my mother developed a nasty bladder infection just as I was getting over what I had. She's still not over her thing and will be going to the doctor tomorrow about it.

As for the other thing, I don't know what to suggest on that. Maybe speaking to someone at the health services and also at a place where they train helper animals might help. Someone at those places should know how to help you.

[Guest guest]

In which country do you live? Many leases in Canada state " no pets "

however that is an impossible clause to enforce, even if it is not a

medical necessity for the leasee.

Raven

>

> HI. I'm new to the group. I hope everyon's holidays were calm! I

> have a question. Has anyone successfully battled a rental

property

> agent over having a pet that is considered a medical (emotional)

> necessity and the lease says no pets?

> david

[Guest guest]

Welcome to the forum .

Thanks for the good holiday hopes and the same to you.

The answer to your other question is that I have never battled a

rental property agent over such a thing. But I know this much:

If you signed the lease and the lease says " No pets " then you are in

violation of the lease.

HOWEVER, in all states in the US, rental property owners are not

allowed to discriminate on the basis of " handicaps. " If you can

afford to pay the lease, then you ought to be able to rent an

aprtment.

So if a blind man with a seeing eye dog wanted to rent an apartment

in a " no pets " building, that man ought to be allowed to rent an

apartment within the building:

www.nationalfairhousing.org/ html/archives/seeing_eye_dog.pdf

" On December 11, 2002, a settlement was reached in which the owner

of an eight-unit apartment building at 168 Santa Clara Avenue in San

Bruno, CA has agreed to pay $88,000 to resolve a fair housing

lawsuit. The lawsuit alleged that the apartment owner, Simin Nejat,

refused to rent an apartment to and Alfred Gagne because Mrs.

Gagne is blind and uses a guide dog. Despite repeated efforts by the

Gagnes and by a representative from " Guide Dogs for the Blind " to

explain that the guide dog was a service animal and not a pet, the

owner refused to allow the guide dog.

" The undisputed evidence established that the landlord violated the

federal Fair Housing Act as well as related state laws, which make

it unlawful to discriminate in the rental of a dwelling because of a

disability. The Act also makes it unlawful to refuse to rent to

someone because they use a service animal. Mrs. Gagne will receive

the first payment in her settlement by January 24, 2003. "

I would assume that if you can see, the burden of proof that you

need a dog for medical purposes is upon your shoulders. A doctor's

note ought to suffice.

I am not a lawyer however, and so do not know if any of this advice

cust the mustard or not.

Tom

>

HI. I'm new to the group. I hope everyon's holidays were calm! I

have a question. Has anyone successfully battled a rental property

agent over having a pet that is considered a medical (emotional)

necessity and the lease says no pets?

> david