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WHat are Texas' laws about apartments and service animals?xas and service dogs

The Service and Therapy Dog forum is for all service and therapy dogs regardless of whether or not their status is legally defined by federal or state law, how they are trained, or whether or not they are "certified." Posts questioning or disputing a person's need for a service or therapy dog, the validity of a person's service or therapy dog, or the dog's ability to do the work of a service or therapy dog are not permitted in this forum. Please keep discussions fun, friendly, and helpful at all times.

  
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Member Since
06/23/2012
 
 
Barked: Thu Jul 5, '12 10:42pm PST 
okay so, my doctor suggested I get a service dog to help with my anxiety attacks since they have gotten so severe. I did give my apartment management a letter stating the dog is to be used for medical reasons and their response is "we have to give this letter to out main manager and its up to them to decide" Do they have a right to decide? My boyfriend that I been living with for the past year is all for me having a service dog because it means things can slowly go back to normal for us. We can invite people over again or hang out at their places again. I live in Texas and I know what the ADA says. Aside from me having PTSD I also have High Functioning Autism so it has made my life very difficult lately. I know in my lease it is written that no pets are allowed but service animals are permitted.
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Sage

Wiggle waggle
 
 
Barked: Thu Jul 5, '12 11:47pm PST 
A service dog cannot be denied access, however a service dog in training isn't exactly covered and it may be up to the land lords discretion to allow an sdit in the apartment. Also would the dog be an emotional support animal for your ptsd or will it also be trained for your autism? Service dogs and emotional support animals are similar but different and there are different access laws for each. It pays to do your research before getting a dog to help you in daily activities. In my experience dog friendly apartments in Texas are more accepting to sdit and esa in training than non dog friendly places.
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Scooter

Work hard; Play- harder.
 
 
Barked: Thu Jul 5, '12 11:48pm PST 
1. The ADA does not cover housing; the Fair Housing Act Amendment does, but not all housing is covered. It comes down to specific number of units and how they are managed.

2. Was the letter you submitted from you or your doctor? Did you also submit a letter or (if the place is being managed by a group, their form) asking for a reasonable accommodation? Most places have a specific procedure to ensure checks and balances.
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Titus

Cave canis- vigilo omnis
 
 
Barked: Fri Jul 6, '12 12:06pm PST 
Maybe this will help:

http://governor.state.tx.us/disabilities/resources/assistan ce_animals/
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Member Since
06/23/2012
 
 
Barked: Fri Jul 6, '12 3:48pm PST 
My doctor did write the letter for my apartment management stating clearly that the dog is for medical reasons and would not be considered a pet. I did my research clearly and thoroughly already. My lease does state no pets allowed but support animals are permitted.
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Happy

The Boy Wonder
 
 
Barked: Fri Jul 6, '12 4:41pm PST 
Housing law actually falls under different laws than the ADA and they cover service dogs, service dogs in training as well as Emotional support animals. If your request for accommodation is denied you can appeal with HUD.

ADA covers public access only, and only for fully trained service dogs.
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Member Since
06/23/2012
 
 
Barked: Fri Jul 6, '12 5:06pm PST 
I am fully aware of that, thanks. The dog I would be getting would be considered a service dog. I have been with this dog a few weeks already in training and the dog has already picked up when I am about to have a panic attack well before I am aware of it. My panic attacks are interesting because I can be completely alone or completely surrounded by people and just terrifed of either situation. THey have started coming nearly everyday and it truly is debilitating for me because I am unable to hold down a job because of this and the only line of work I know is pet grooming. One of my clients actually suggested I talked to my doctor about it because the dog i groom for her is her service dog and has helped her greatly towards being able to function more normally. I truly hope that my apartment management group doesn't cause any problems for me other than the time it takes to 'approve' the dog.
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Tuvok

Toovy Doovy Doo- Ready and- Willing!
 
 
Barked: Sat Jul 7, '12 9:30am PST 
Texas has no law regarding service dogs in housing. HUD covers service dogs in housing. Its the same procedure for getting an emotional support animal as it is a service dog in housing. You need to write a letter requesting the dog as reasonable accommodation and a letter from your doctor.

However service dogs in training aren't covered. Unless you got your dog fully trained from a program, it takes 6 months to 2 years(depending on the age of the dog, the amount of previous training and your skill level) to train a dog to be a full service dog.

So, those with service dogs in training living in no pets housing ask for reasonable accommodation for an emotional support animal until the dog is fully trained.
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Member Since
06/23/2012
 
 
Barked: Sat Jul 7, '12 11:22am PST 
yes the letter my doctor wrote clearly states the need for accomendation. This is the first time howver I needed a psd for my health and my sister has one but I don't live with her and I know it didn't take this long for her to hear back. The lack of response is clearly taking toll on me.
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AILBE,- Service Dog- In Tng

Born To Serve- The Damsel In- Distress
 
 
Barked: Sat Jul 7, '12 5:43pm PST 
Tuvok --- The FHA allows Service Dogs, Service Dogs In Training and Emotional Support Animals to live with you in an apt... The FHA states that the animals don't have to be trained either.. FHA laws went into effect decades before the ADA.. FHA will continue to allow this... If the dog trashes the place then the tenant has to repair the damage before moving.

You must type your own letter requesting "Reasonable Accommodation" to have either a Service Dog, Service Dog In Training or an Emotional Support Animal (ESA's can be anything still because the FHA is different then the ADA). You then turn in the letter along with the doctors stating that you're in need of a service animal for your medical disabilities.

Also, your Service Dog has to perform physical tasks to migate your disability. Calming down during an attack isn't a task.. Training your dog to get the phone, meds, another human, etc is physical tasks.. So, make sure your trainer knows that.

I should know about the FHA since I won my case when I brought in the pup for training and the complex and their cooperate offices stated I couldn't have a dog in training -- that the dog has to be completely trained -- and that I couldn't have three animals with only a 2 pet policy.. They were caught off guard on the laws and they had to allow my animals..

Shadow Walker and Ailbe
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