[RPPTL LandTen] Frustrations in LL/Ten World

[Leonard Cabral]

Harry:
I did some ADA and 504 work years ago.  (except for guidedogs) the person with a disability is entitled to an accommodation but the type of accommodation is not determined by the person with the disability.  In other words if you have a disability that limits your ability to read an accommodation can be to provide a person to read for that person or put the material on tape.  So long as the accommodation was reasonable and accomplished the same outcome.   It was always my understanding that the costs for the accommodation fell on the person with a disability.  I had a case where the person with a disability required a wheelchair and wanted some changes in her apartment. The ruling was that the landlord was required to allow her to make the renovations in the apartment at her expense and when she vacated she was required to return to apartment to the condition it was in before she made the renovations??    It would seem to me in the case of the trampoline, why wouldn’t jumping rope create the same therapeutic effect?  Why isn’t the tenant required to pay the insurance?  What happened along the way? I thought this was the 11th circuit  who seem to be very unfriendly to the disabled compared to the 2nd Circuit.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Saturday, May 10, 2014 8:38 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Frustrations in LL/Ten World

Actually I have far more questions than answers!

My biggest headaches lately come from the “service animal” “companion pet” “emotional support animal” issue. It is getting out of control .

Just had a doozy. Tenant has a trampoline for his autistic son who needs it for therapy. Doctor’s orders. Insurance company is dropping policy as they normally do when there is a trampoline found on the premises.  I have a group of big time FH experts and litigators in the country I consult with on this stuff and no one has an answer and sadly, I feel they like the ambiguity as it creates business for them.

It would be nice if somehow we can get the Bar, National Apartment Association, all the Legal Aid groups, all the state Apartment Associations, other state Bars, National Multihousing Council and others to get some HUD guidance. It would help everyone on both the tenant and landlord side. I don’t care what they decide or say, I just want them to say something we can go by. My advice is almost always to allow the animal but this advice could be dangerous when the insurance defense people and condo and homeowner’s associations take the opposite position.

Harry

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