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Service Dog and Pet Limits in Housing

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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Mina

Because it's- where we both- want to be.		 
 
Barked: Thu Dec 8, '11 12:18pm PST 
I am wondering if a service dog counts as a dog towards a pet limit in housing. My dog is an at-home service dog/emotional support animal (meaning she IS trained specific tasks to mitigate my disability + she helps me with emotional problems) and we just rescued a puppy, not realizing that our apartment has a 1 dog per household limit. I think I remember it being discussed that a SD doesn't count as a 'pet', therefore does not count towards the pet limit. Could someone please enlighten me and possibly provide documentation for this? I live in Colorado.
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Min

pink min (pink- pen) 		 
 
Barked: Thu Dec 8, '11 12:31pm PST 
first you need to make sure you meet the ADA definition of disabled. not everyone with a physchiatric illness qualifies for a SD. does your MI limit one or more of your major life activities? such as walking, caring for ones self, thinking clearly,etc.

to live in no pets housing you must have a reasonable accomodation signed by your doctor stating you are disabled and you need the use of your dog. but this is only if your landlords property falls under the FHA, if it doesn't, your landlord has the right (because it's his/her property) to deny your SD.

i am unsure of how you proceed with this because i am not sure where your dog falls, under an ESA or a SD. ESAs have no public access rights. SDs do and if you are disabled and qualify for a SD, I wouldn't put ESA on the reasonable accomodation because it's going to confuse people. and your ESA cannot accompany you outside of your home.
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Harley, SD,- CGC, TDI

Super Service- Boy!		 
 
Barked: Thu Dec 8, '11 12:32pm PST 
Service dogs are not pets and therefore are exempt from pet limits. I think ESAs are exempt as well, but I'm not 100% sure. I know in certain situations, landlords can place some restrictions on ESAs.

If you go to HUD.gov and search "Fair Housing Act AND Service Dog" a lot of links will come up that should help you.
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Mina

Because it's- where we both- want to be.		 
 
Barked: Thu Dec 8, '11 2:01pm PST 
Harley, does their exemption from pet policy count for number limitations? ESAs are exempt as well because they are also assisting someone with a disability, though they aren’t trained specific tasks to mitigate it.

Min, apparently you didn’t read the header for the SD threads: “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.” Unfortunately my disability isn’t only limited to mental illness, not that I feel you have the right to know/question that. I think it’s rather rude for you to assume just because I have a mental illness that I don’t know all that you’ve said already.
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Otto - Registered- Service Dog

ADI cert. - the only one- that matters!		 
 
Barked: Thu Dec 8, '11 3:02pm PST 
Mina,

I'm sure Min didn't mean any harm. She was only trying to be helpful, pointing out that not all diagnoses are disabling - and that certainly isn't limited to MI!!!

I am physically disabled, but like most in my situation suffer from depression. Wouldn't fit the ADA definition of disability on it's own, but along with my physical disability would qualify me for an ESA.
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Harley, SD,- CGC, TDI

Super Service- Boy!		 
 
Barked: Thu Dec 8, '11 4:50pm PST 
Yes, service dogs are exempt from pet limits. Think about it this way...A service dog is legally the same thing as a wheel chair. Would a wheel chair count towards the pet limit? Using that analogy often makes it easier.
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Min

pink min (pink- pen) 		 
 
Barked: Thu Dec 8, '11 5:07pm PST 
i was only stating a fact mina, i am sorry if you took it the wrong way. and actually my dog is psychiatric service dog, you're not the only one with MI. it's just that lately it's become a trend to take untrained dogs out in public, all they have to do is get their doctor to sign a paper. i was only stating that you and your doctor should ensure you meet the ADA definition of disabled, because a lot of these fakers don't know that it's a crime to impersonate a service dog.

ESAs are exempt from pet limited or no pet housing. You can have an ESA and a pet, even if there is a pet limit(such as 1 dog/cat only) FHA says that ESAs and SDs do not count twoard the pet limit.


my main conecern is making sure that you find a place to rent that's under the FHA. You'll need to ask first, because if not you don't stand a fighting chance, because then it's their property and they don't have to allow a service dog.

my dog was an ESA before she became my SD, but I refer to her now as only a SD, because ESAs have no protection in public and little protection else where. You will have more protection under SD laws instead.

best of luck
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U

I miss you, U		 
 
Barked: Thu Dec 8, '11 5:55pm PST 
When a person asks a question about one thing, it's rude to give them a lecture about something else. JMHO.
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Min

pink min (pink- pen) 		 
 
Barked: Thu Dec 8, '11 10:01pm PST 
i wasn't trying to lecture anyone, nor was i. i was stating a fact.
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AILBE,- Service Dog- In Tng

Born To Serve- The Damsel In- Distress		 
 
Barked: Thu Dec 8, '11 11:30pm PST 
I'm going thru a Federal lawsuit w/ my complex and I have learned a lot about ESAs, SDs, and SDITs having access rights. I currently have an ESA cat for emotional reasons on coping w/ my medical issues, a mobility service dog and a 10 wk old sdit all under one roof. Our complex is pet friendly, but has a restriction on 2 per household, etc... A SDIT, SD, and ESA don't require any proof of training under the FHA.. The FHA came out w/ that ruling long before the ADA even came on board.. and it will stay the same because when you live in your apt home you're not being challenged by public access issues..

One of the forums I just put the website info from the FHA on this matter.. and the FHA says for an ESA it doesn't have to always be a
mental issue, but other medical issues that require it..

Ailbe and Shadow Walker
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