QUESTION

My apartment denied my emotional support animal even though is is pet friendly. How can I move forward

Asked on Oct 10th, 2016 on Animal Law - Florida
More details to this question:
I live in a dog friendly apartment complex that has been denying my ESA for 1 month now. I have presented (2) letters requested from them from doctor as well as the shot records for my ESA (photos below) I continue to be denied and was told that because my ESA is pitbull (despite shot records stating he is a blue lacy/lab mix and despite breed not determining ESA's) that I cannot have him. They have also stated that an ESA is an "accommodation" that they do not have to approve. They then advised, if they do approve (which they have not) that I will not be allowed to take my ESA anywhere, including but not limited to the dog park, the pool, around other dogs, and if he happens to bark at someone and/or a dog I will be forced to be evicted and will have 7 days to leave.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Here is the issue. Pitbull owners in conjunction with too many sleazy "physicians" and "vets" have abused the SA/ESA status to circumvent pet rules or bad dog blacklists. A few years ago, HUD issued a clarification that ESA's are not service animals under the ADA, and they can ask the following:  (1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities? (2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability? This opens the door for disputes about the merits of the ESA issue. Once there is a legitimate establishment of the ESA, then other considerations such as risks of harm or damage must be addressed based on the specific animal not breed fears etc. The cannot just arbitrarily "disapprove" and do so at great risk if the ESA issue is legitimate.  That being said, most lawyers will NOT take a "pitbull ESA" case unless it is clearly and demonstrably legitimate....and that means more than some internet vet or psychologist with a one stop visit firing off a letter, unless the client is paying an hourly rate and retainer. In contrast, if someone has documented history of PTSD as a veteran, treating regulalrly at the VA, its another issue.   
Answered on Oct 12th, 2016 at 1:47 PM

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