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Service Animals
by Anonymous (Idaho)
on November 19, 2009 @12:47
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Has anyone had experience with having to settle with Intermountain Housing Council? I had a call from "someone" wanting an apartment and stated they had a service animal. Obviously this was not a problem as I KNOW we allow service animals at all of our apartments. I was a little unsure about the pet deposit and said "possible pet deposit may apply" well we got a letter shortly afterwards regarding this call. It was a "tester" and apparently I failed their guidelines. My question is how common is this? and what kind of settlements have been issued? We had a trainer come out and make a presentation to us, he said they start high and work down on the settlement amount. I feel like there was discrimation against the small business owner. The settlement really hurt the business financially. I do not want to say too much more here. but wondering what others experience has been?
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Re: Service Animals
by Lighthope
on November 19, 2009 @13:24
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Exactly how did you "fail"? Sounds like a group who make their living off of suing people. If it were me, I'd tell them to go pound sand. Your argument that it is "discrimination against the small business owner" will not hold water, though. Lighthope Pearls of Wisdom - "If we accept that a mother can kill her own child, how can we tell people not to kill each other?" - Mother Teresa on abortion
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Re: Service Animals
by Anonymous
on November 19, 2009 @14:34
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I am so tired of hearing about "service" dogs and "companion" dogs. Ninety nine times out a 100 is is someone trying to sneak a pet in through the front door. Whenever someone calls you about a service dog or a companion animal, tell them your insurance always wants to see verification of the animals origin and training. Ask for a copy of the paperwork. It does not sound illegal to ask for proof their animal is trained to assist a handicapped person. Tell them that you always make an exception for people who have trained animals from legitimate organizations.
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Re: Service Animals
by K (FL)
on November 19, 2009 @16:21
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Service animals don't have to pay a pet deposit? Now that's not fair to landlords. When the tenant trashes the place above and beyond the security deposit and on top of that, there's damage by the animal, we're just suppose to eat it because it's a service animal?
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Re: Service Animals
by OK-LL
on November 19, 2009 @16:49
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This ADA rule applies only to owners of a complex of 4 or more units. Furthermore, you probably were too quick to agree to a settlement. I doubt the IHC had enough evidence in your response to convince a jury. I would have negotiated an agreement to attend an ADA educational course. This "non-profit" groups usually asks for tens of thousands of dollars for their own "expenses" in any case they are a part of. Love to get a peek at their real financial books.
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Re: Service Animals
by Anonymous
on November 19, 2009 @19:20
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If you were unsure a simple I cant give you an answer at this minute. Now you got educated and others will too. You have must say more than pet deposit may apply, that the IHC jump on you like there is no tomorrow!
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Re: Service Animals
by Lighthope
on November 19, 2009 @20:46
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A quick look through Scroogle (Google without the ads or spyware) pulls up no listing of an "Intermountain Fair Housing Agency". They are not a government group. They have taken the real government agency name "Intermountain Fair Housing Council" and swapped out "Council" for "Agency" to try and fool people into thinking they were connected with the government. They are trying to scam you. There are people out there who will try and find businesses who make any kind of legal error and try to extort a "settlement" out of them. This practice made big news in California several years ago when a lawyer was shaking down laundromats owned by immigrants who didn't speak English well nor knew the law. He would find some stupid little thing and frighten them into settling. The more I look into this, the more I think you should tell them to go spit in the wind. It is possible that they may actually end up suing you. Then you go to Court, tell them what exactly you said, and them sue them for attorney fees and abuse of process. Also, if the plaintiff is an attorney (might be), file a complaint against him with the State Bar. Lighthope Pearls of Wisdom - I have not failed 10,000 times, I have successfully discovered 10,000 ways that do not work - Thomas Edison
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Re: Service Animals
by Anonymous
on November 20, 2009 @17:07
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You have to be extremely careful on the phone when people are calling. There are hard-core, extreme left-wing organizations, government funded of course, who have full time staff going after small property owners. The bigger owners are well aware of these kinds of shake-downs and know how to respond. Any kind of questions about: * Race * Color * National origin * Religion * Sex * Familial status (families with children) * Handicap * Service, support, emotional support, therapy or companion animals should set off a screaming alarm. Keep in mind it is their job to trick you. The answer should always be "we comply will all applicable housing laws, and i'd be happy to show you the property", and then you can reject them if need be when they do not pass your rigorous screening process (income of 3 times rent, good credit scores, etc.). Here are some Idaho-specific tidbits from http://www.ihfa.org/research_fairhousing.asp "Self-Testing - This is an opportunity for housing providers or other covered entities to identify potential violations in policies, procedures or design and construction. They may contract with Fair Housing testing and enforcement grantees who can provide professional testers to evaluate compliance in policies and procedures. In Idaho, the Intermountain Fair Housing Council (IHFC) has historically performed this service; it agrees to a limited "grace period" within which it agrees not to file a complaint for any areas of non-compliance discovered during self-testing. Clients may use this period to address violations. For more information, contact IHFC at 1-800-717-0695." "Emotional support, therapy or companion animals are not legally defined (at the federal level) in the same way as service animals, and may not have been individually trained to perform specific tasks. They may, however, be exempt from pet policies and deposits if certified by a knowledgeable expert as enabling their owner to compensate for or cope with a qualifying mental, emotional or physical disability. " "Good intentions, confusion or ignorance about the requirements of the Fair Housing Act are not a defense if charges of discrimination are alleged. Anyone can accuse anyone else of an actual or perceived violation. Once a complaint is filed, HUD conducts a neutral investigation that involves interviewing all parties and witnesses and reviewing documents. The investigation may also involve interviewing other tenants or requesting additional information from the parties. The burden is essentially on the accused to defend themselves against any complaint. While complaints may be filed directly by consumers or tenants, it is not uncommon for complaints to be filed by testing and enforcement advocates on behalf of themselves, their organizations, existing tenants or even potential/future tenants. Courts have held that if they meet certain conditions, fair housing organizations have standing to file a fair housing complaint." "The confusion around service and support animals is widespread in the housing and social service fields, and there are many interpretations of what is allowed. Federal and state laws may differ, so it is always best to consult the education, testing and enforcement entities in your area and/or seek qualified legal counsel. Landlords or property managers must and should consider any and all reasonable accommodation requests carefully before responding. Remember, pets are one thing, but legitimate service, support or companion* animals are another under local and federal law. (*In Idaho, ‘companion’ animals regarded as having a therapeutic purpose for someone with a qualifying disability may not be considered pets)" Could these clowns have just called you and informed you about the laws? Of course, but then they would not have profited.
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