- May 16, 2014
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Actually it is pretty simple... it just takes a little time and patience.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.
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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