Service animals at center of most Utah fair-housing disputes | The Salt Lake Tribune
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(Francisco Kjolseth | The Salt Lake Tribune) Wanda Howard of Salt Lake spends time with her best friend, Reese's, a 6-month old kitty that keeps her company, on Thursday, November 3, 2011. Living alone and with no family, Howard, who is diabetic, says "he's a joy to me" and was able to get the cat with the help of the Disability Law Center after her doctor wrote her a prescription for a service animal. People with non-apparent disabilities who have assistive animals frequently run into trouble with landlords, who may illegally demand deposits for the animals or otherwise violate fair housing laws.
Service animals at center of most Utah fair-housing disputes

Salt Lake City apartment resident Wanda Howard, who is disabled, wanted a cat.

Her doctor, who thought an emotional support animal would help Howard, wrote her a prescription for one and a letter to her landlord verifying Howard’s disability. When the landlord required a $300 deposit for the animal, Howard turned to the Disability Law Center, which informed the landlord such a demand is illegal under federal law.

The landlord retreated. Howard got her cat, Reese’s, at the Salt Lake County animal shelter. “When I’m sick, he’s a great comfort,” Howard said, describing how Reese’s puts his paw on her chest and stays still. “Even just to come home from being out all day to have him waiting, crying. I don’t know how I made it without him.”

Seeing Eye dogs, hearing dogs trained to help their owners by carrying notes or alerting them to answer the door or dogs that pull people in wheelchairs are commonplace. But animals that help those whose disabilities aren’t apparent often run into resistance, especially with landlords and housing associations.

Disability Law Center advocate Liz McCoy said 80 percent of the 500 housing complaints her organization has received during the past two years were about service and emotional-support animals.

“It’s one of the most commonly seen complaints in our office,” agreed Dan Singer, spokesman for the Utah Antidiscrimination and Labor Division.

While Howard’s hassle didn’t require a judge to sort things out, a recent dispute between a disabled veteran and a Park City condominium association appears headed for federal court.

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Equal-opportunity animals » This year, the Americans with Disabilities Act was amended to say only dogs or miniature horses can be considered service animals. But that applies only to animals that accompany disabled people in public, said Disability Law Center attorney Aaron Kinikini.

The Fair Housing Act does not mention animals, saying only that disabled people must be allowed “reasonable accommodation.” Any animal can be considered assistive in people’s homes — from dogs and cats to birds, rats, snakes, lizards and ferrets — if it provides therapeutic support and a medical professional has written a prescription for it.

Anyone living or hoping to live with an animal in housing with a no-pet policy should ask for accommodation before moving in, Kinikini said.

A landlord can ask for documentation of the applicant’s disability from a health-care provider, but the provider doesn’t have to disclose the diagnosis, Kinikini said. And while landlords can charge a tenant for any damage the animal causes, they can’t require a pet deposit, because under the law a service animal is not a pet.

“You can’t,” Kinikini said, “charge a deposit for that equal opportunity.”

Sometimes landlords resist because disabilities such as post-traumatic stress, bipolar, anxiety or depression disorders aren’t visible, and mental disabilities still carry a stigma, Kinikini said. Landlords may suspect people are trying to get out of paying pet deposits by claiming their animals are assistive, he said, or may have policies they believe are airtight.

“If you go to certain complexes and say upfront you have an emotional-support animal and ask for accommodation, you are handed a stack of forms, one of which is a full-on ... release to allow direct questioning of a doctor,” Kinikini said. “Our position is, that’s illegal.”

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Federal court » Feds file discrimination complaint in Utah case.

Photos
(Francisco Kjolseth  |  The Salt Lake Tribune)  
Wanda Howard spends time with her best friend, Reese's a 6-month old kitty that keeps her company, on Thursday, November 3, 2011. Living alone and with no family, Howard, who is diabetic, says "he's a joy to me" and was able to get the cat with the help of the Disability Law Center after her doctor wrote her a prescription for a service animal. People with non-apparent disabilities who have assistive animals frequently run into trouble with landlords, who may illegally demand deposits for the animals or otherwise violate fair housing laws.
(Francisco Kjolseth  |  The Salt Lake Tribune)  
Wanda Howard of Salt Lake spends time with her best friend, Reese's, a 6-month old kitty that keeps her company, on Thursday, November 3, 2011. Living alone and with no family, Howard, who is diabetic, says "he's a joy to me" and was able to get the cat with the help of the Disability Law Center after her doctor wrote her a prescription for a service animal. People with non-apparent disabilities who have assistive animals frequently run into trouble with landlords, who may illegally demand deposits for the animals or otherwise violate fair housing laws.
(Francisco Kjolseth  |  The Salt Lake Tribune)  
Wanda Howard of Salt Lake spends time with her best friend, Reese's, a 6-month old kitty that keeps her company, on Thursday, November 3, 2011. Living alone and with no family, Howard, who is diabetic, says "he's a joy to me" and was able to get the cat with the help of the Disability Law Center after her doctor wrote her a prescription for a service animal. People with non-apparent disabilities who have assistive animals frequently run into trouble with landlords, who may illegally demand deposits for the animals or otherwise violate fair housing laws.
(Francisco Kjolseth  |  The Salt Lake Tribune)  
Wanda Howard of Salt Lake spends time with her best friend, Reese's, a 6-month old kitty that keeps her company, on Thursday, November 3, 2011. Living alone and with no family, Howard, who is diabetic, says "he's a joy to me" and was able to get the cat with the help of the Disability Law Center after her doctor wrote her a prescription for a service animal. People with non-apparent disabilities who have assistive animals frequently run into trouble with landlords, who may illegally demand deposits for the animals or otherwise violate fair housing laws.
At a glance

How does the Fair Housing Act affect people with disabilities?

This federal law says people with disabilities can’t be treated differently in housing than anyone else and allows disabled people to request policy changes based on reasonable accommodation.

What is reasonable accommodation?

These are changes to rules, policies or services to allow people with disabilities to enjoy their housing just like anyone else. Changing a no-pets policy to allow a companion animal for someone with a non-apparent disability such as mental illness is an example of reasonable accommodation.

What are assistive animals?

The Fair Housing Act says any animal that helps a person with a disability deal with physical or emotional problems and to fully use and enjoy residences. Guide dogs, hearing dogs, therapy animals and emotional support animals are all considered assistive. These animals aren’t merely pets, but to comply with fair-housing guidelines their owners must have them prescribed by a doctor or counselor.

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