American with Disabilities Act and zoning

It's not as simple as that. HUD (and ADA for Service Dogs and work issues) does not mean you can just bring in anything no matter what HOAs and landlords say. You are supposed to submit a request for reasonable accomodation. There are reasons that can be denied, ie unable to get insurance, etc. But the request is supposed to be submitted before the Service Dog or Emotional Support Animal is brought in. Even then once the animal is in place, conditions can lead to revocation of accomodation. One thing to remember is that the rights belong to a person not the animals.
Actually it is pretty simple... it just takes a little time and patience.

The ADA does not apply to comfort animals in a residence. The ADA specifically covers service animals that are trained to perform a service and are only covered when they in public areas, not in private areas. Basically, if the general public can go there, so can a service dog.

The general public cannot come over to your home. Typically the general pubic is not allowed in the common ares of a subdivision. The ADA does not apply in these situations. FHA and HUD cover these. And the interpretation of comfort and service animals is different than the ADA.

FHA and HUD cover residential areas. FHA and HUD law says any animal can be a comfort animal in a residence. It does have to be a reasonable request; it cannot create an unreasonable hardship the HOA or other residents.

A pig and a horse in a 10 x 20 back yard isn't reasonable due to size,noise, fencing requirements and odor. Roosters aren't reasonable because they wake the neighbors up early in the morning. Also you cannot be required to purchase insurance or pay a deposit for comfort animals. You do have to pay for any damages they cause.

Hens are perfect since they are quieter and cleaner than you local cat and dog. Ever had a cat in heat outside your bedroom window!!!???

Yes, the rights belong to the disabled person, not the animal. But to enjoy these rights, you may have to stand up and fight for them.
 
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My point was you MUST ask for reasonable accomodation. You can't just decide your pet helps you so you claim it as an ESA and that your landlord, HOA, etc has to accept it no matter what. There are steps to follow. Once you follow the steps, you've got it. Even if you're refused reasonable accomodation- you can fight it because all the steps before were done.


Even though he hated the meeting with the HOA and their attorney- that meeting is probably what saved his case. It showed a request by the chicken owners and a refusal by the HOA. Unreasonable refusal, but it meant they were aware of his request.
 
Even though he hated the meeting with the HOA and their attorney- that meeting is probably what saved his case. It showed a request by the chicken owners and a refusal by the HOA. Unreasonable refusal, but it meant they were aware of his request.
We asked for a reasonable accommodation a month before the meeting. We asked for the meeting to try to educate them. They were just dead set on doing things their way and didn't care. The meeting with the attorney just reinforced our case.

Not all HOAs are like this. There are some who will make reasonable accommodations. Unfortunately that is just not the norm.
 
Congrats on winning your case. Does she have her chickens back now? I was curious how chickens would help a person with disabilities or whatever? Therapeutic in what way? I ask personally. Was talking to hubby last night about the chickens we're getting tomorrow and I was thinking they might be therapeutic for me. But I didn't know how. I have such painful fibromyalgia. At the very least I thought they'd bring joy into my life and take my mind off the pain. How do they help your wife?
 
Congrats on winning your case. Does she have her chickens back now? I was curious how chickens would help a person with disabilities or whatever? Therapeutic in what way? I ask personally. Was talking to hubby last night about the chickens we're getting tomorrow and I was thinking they might be therapeutic for me. But I didn't know how. I have such painful fibromyalgia. At the very least I thought they'd bring joy into my life and take my mind off the pain. How do they help your wife?
 


Aww, almost made me teary thinking something could help with pain. We're getting 4, the max our city allows. Planning to pick up a Buff Orp, RIRed, Barred Rock and not sure on what else the store has. We wanted a black Australorp but I'm not sure they have those. We'll see tomorrow. We homeschool too! I've already graduated one 4 years ago and now have a girl going into 10th. Trying to finish up for the school year but it never happens. We always fizzle out. :D
 
Chickens are certainly not a cure all, but for me I really feel like they help. I get chronic migraines too and they seem to be content to just snuggle with me when I am in the worst pain. You'll have to share what you get - with some pictures tomorrow! They grow so fast, I can't believe that 3 weeks ago they were just little fuzz balls!

Yes - when it comes to school we are majorly fizzling out too. We all have a major case of Spring Fever! It seems to be worse this year probably b/c of the particularly long winter.

Have a good, tolerable pain night.
 
And since it is Federal Law it supersedes any local, county, city or stat laws.
AWESOME POST !!!!!!!!!!!!!!!!!!!!!!!

[...]we have PREVAILED!!!
Tell every one you know ... the HOAs are going down!!!

Even better, ANOTHER AWESOME POST !!!!!!!!!!!!!!!!!!!!

It's not as simple as that. HUD (and ADA for Service Dogs and work issues) does not mean you can just bring in anything no matter what HOAs and landlords say. You are supposed to submit a request for reasonable accomodation. There are reasons that can be denied, ie unable to get insurance, etc. But the request is supposed to be submitted before the Service Dog or Emotional Support Animal is brought in. Even then once the animal is in place, conditions can lead to revocation of accommodation. One thing to remember is that the rights belong to a person not the animals.

It is up to the emotionally maladjusted public servants of the world to stay out of the way of the most vulnerable and helpless people in society, lest the majority find out how inept and comprehensively lacking in commonsense these public servants are. If they can't hide their ineptitude from the masses, they lose their job. Hiding their intellectual and emotional shortcomings is their job (apparently).

Animals FIRST, and being kind by throwing the dog a bone, or throwing the politician a tidbit of paperwork, comes second, if at all. Burdening the weakest in society is not the job of the politician, remember ?
If they busy themselves placing additional burdens on the weakest, they won't put in the effort required for their primary occupation and will suffer the consequences. 8^)
 

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