[RPPTL LandTen] ADA versus "no pets" rule
Chuck Hoskin
CHoskin at esclaw.com
Thu Dec 12 12:25:51 PST 2013
List Serve - what a resource!!!! I wouldn't have gotten around to that article for another couple months.
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Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of John Neukamm
Sent: Thursday, December 12, 2013 2:13 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] ADA versus "no pets" rule
...and the most recent ActionLine issue includes a similar article.
Best regards,
John
John B. Neukamm
Mechanik Nuccio Hearne & Wester, P.A.
305 S. Boulevard
Tampa, Florida 33606
Telephone No.: (813) 276-1920
Facsimile No.: (813) 276-1560
E-mail: jbn at floridalandlaw.com<blocked::mailto:jbn at floridalandlaw.com>
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Thursday, December 12, 2013 3:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ADA versus "no pets" rule
Coincidentally, this article as just published today. May want to keep an eye out for the sequel.
http://blogs.sun-sentinel.com/condoblog/2013/12/will-condominium-no-pet-policies-become-obsolete.html
Best regards,
Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
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From: Martin Lawyer [mailto:mlawyer at bals.org]
Sent: Thursday, December 12, 2013 1:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ADA versus "no pets" rule
My only addition to what others have said and cited is to emphasize that the "protected category" in the U.S. Fair Housing Act is not "disability". It is "handicap". The standards and rights in the U.S. Americans with Disabilities Act are very different.
I attach and paste below the operative provisions from the Fair Housing Act. My analysis is that Congress chose the term "handicap" to make sure that it is not confused with "disability" and to emphasize the much broader scope of "handicap". To me the best way to understand this difference is to look at how "handicap" is defined in the U.S. Education for All Handicapped Children Act of 1975 (Public Law 94-142) where brilliant, high IQ kids are considered "handicapped" for purposes of needing special education.
§ 3602 Definitions. As used in this subchapter--
(h) "Handicap" means, with respect to a person--
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of Title 21).
= = = = = =
§ 3604. Discrimination in the sale or rental of housing and other prohibited practices
As made applicable by section 3603 of this title and except as exempted by sections 3603 (b) and 3607 of this title, it shall be unlawful-
* * *
(f) [ special rights of handicapped persons ]
(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of-
(A) that buyer or renter,1
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of-
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes-
(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.1
(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(C) [ dwellings first occupied post 13 March 1991 ] in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that-
(I) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).
(5) (A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met.
(C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C).
(D) Nothing in this subchapter shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C).
(6) (A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 3610 (f)(3) of this title to receive and process complaints or otherwise engage in enforcement activities under this subchapter.
(B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this subchapter.
(7) As used in this subsection, the term "covered multifamily dwellings" means-
(A) buildings consisting of 4 or more units if such buildings have one or more elevators; and
(B) ground floor units in other buildings consisting of 4 or more units.
(8) Nothing in this subchapter shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this subchapter shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this subchapter.
(9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(Pub. L. 90-284, Title VIII, § 804, Apr. 11, 1968, 82 Stat. 83; Pub. L. 93-383, Title VIII, § 808(b)(1), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100-430, §§ 6(a)-(b)(2), (e), 15, Sept. 13, 1988, 102 Stat. 1620, 1622, 1623, 1636.)
Marty
C. Martin (Marty) Lawyer, III
Florida Bar # 128095
Bay Area Legal Services, Inc.
1302 N. 19th St., Suite # 400
Tampa, FL 33605-5230
(813) 232-1222, Ext.109
FAX: 248-9922
" Preserving Independence, Hope and Dignity "
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David D Eastman
Sent: 12 December, 2013 11:03
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] ADA versus "no pets" rule
These two guidance memoranda by HUD and the Department of Justice may provide good information and guidance to you.
David D. Eastman, Esq.
Lutz, Bobo, Telfair, Eastman, Gabel & Lee
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
(850) 521-0890
(850) 521-0891 Facsimile
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Thursday, December 12, 2013 10:51 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] ADA versus "no pets" rule
Thanks.
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin at esclaw.com<mailto:choskin at esclaw.com>) and then delete this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Thursday, December 12, 2013 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] ADA versus "no pets" rule
Here is an article by Robin Hein of Georgia who litigates many of these cases.
http://www.evict.com/?page=legnew1309#fhhein1
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Hoskin
Sent: Thursday, December 12, 2013 9:46 AM
To: 'landten at lists.flabarrpptl.org'
Subject: [RPPTL LandTen] ADA versus "no pets" rule
Does anyone have any insight on a tenant's request under the Fair Housing law and ADA (post traumatic stress) for a "therapy dog" in an apartment complex that is "no pets".
Thanks.
Chuck Hoskin
Emmanuel Sheppard & Condon
30 South Spring Street
Pensacola, FL 32502
This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin at esclaw.com<mailto:choskin at esclaw.com>) and then delete[cid:image001.png at 01CEF746.0F22E6C0] this message and all copies and backups thereof. Thank you.
Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163
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11. So in original. The comma probably should be a semicolon.
12. So in original. The period probably should be a semicolon.
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