An emotionally supportive animal ( ESA ), or simply "supporting animal", is a companion animal that has been determined by a medical professional to benefit the individual with disabilities. This may include increasing at least one characteristic of disability. An emotional support animal, usually a dog, but sometimes a cat or other animal, can be used by people with various physical, psychiatric, or intellectual disabilities. In order to be given emotional support, the person looking for the animal must have a verifiable disability. To obtain protection under US federal law, a person must meet the definition of a federal defect and should have a record from a doctor or other medical professional stating that the person has the disability and that the emotional support animal provides benefits to the individual. with disability. An animal does not need special training to become an emotional support animal.
In the US, federal protection against housing discrimination is granted to mentally disabled persons under two federal laws: Section 504 of the Rehabilitation Act of 1973 and the Federal Accident Realization Amendment Act (FHAA) of 1988. This law , and appropriate case law, make a general rule that a landlord can not discriminate against a disabled person in housing, and if proper accommodation will allow a disabled person to equally enjoy and use a rental unit, the owner shall provide such accommodation. Persons with disabilities may request appropriate accommodation, such as a "no pet policy" waiver, for any animal assistance, including emotional support animals, either under FHAA and Section 504.
Video Emotional support animal
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act came into effect in 1973 and made extensive and widespread remarks that discrimination against persons with disabilities in programs receiving federal financial assistance was illegal. However, it was not until 1988 when the US Department of Housing and Urban Development (HUD) made the rules under the law. Section 504 states:
No qualified individual with a disability in the United States... shall, solely for the reason of his or her disability, be excluded from participation in, denied benefit, or subject to discrimination under any program or activity that accepts federal Assistant Finance.
In the context of housing discrimination, this law creates a rule that public housing authorities can not deny housing for persons with disabilities solely because of their disability, and that if proper accommodation can be made to make housing available to the disabled, the owner is required to make accommodation. Although the law does not expressly use the phrase "reasonable accommodation", it has been read into law by HUD law and regulations that interpret the law.
To establish that "no pets" waiver for emotional support animals is reasonable accommodation under Section 504, the renter must: have a defect, "if not eligible" to receive benefits, denied the benefits solely because of disability, and the housing authority must receive federal financial assistance. The court has stated that "if it does not qualify" means the lessee must be able to meet the program's requirements despite obstacles. In addition, tenants should be able to meet the general rules of rent, such as cleaning animals and raising animals in designated areas.
The Majors and Whittier Terrace Courts establish the basic principle that tenants may be "declared eligible" under Section 504 despite the inability to comply with the "no pet" policy, and that a "no pet" waiver can be natural. accommodation under Section 504. However, some courts have consistently stated that tenants who request emotional support animals as appropriate accommodation should demonstrate a link between their ability to function and animal companionship. This requires a connection between defects and emotional support animals to have been perfected by some courts. For example, in Janush v. Charities Housing Development Corp. (ND Ca., 2000), the US District Court of Northern California held reasonable accommodation is a fact-based, rather than a species-based, issue.. In Nason v. Stone Hill Realty Association (1996), a Massachusetts court court admits that there is more reasonable accommodation to reduce the effects of a person's disability, in addition to maintaining an emotional support animal, and therefore being denied the tenant movement to an early court order. The court has withstood the emotional pressure that is expected to happen if a person is forced to give up his emotional support animal will not support a reasonable accommodation claim.
Because violations of Section 504 require a housing authority to receive federal funding, this measure does not cover private housing providers. This legislative gap existed until 1988 when Congress passed the Amendment of the Fair Housing Act.
Maps Emotional support animal
Amendments to the Fair Housing Act
Whereas only the housing authority that receives federal financial assistance is subject to Section 504, both public and private housing authorities are subject to the provisions of the Fair Housing Act. Promulgated as part of the Civil Rights Act of the 1968 legislation, the Fair Housing Law (FHA) focuses on housing discrimination on the basis of race, color, national origin, or gender; in 1988, however, the Federal Fair Housing Act Amendments (FHAA) expanded this scope to include people with disabilities. The FHAA declares that it is unlawful "to discriminate in the sale or lease... from residence to the buyer or lessee because of a defect of the buyer or lessee, a person who resides in or intends to reside thereafter so sold, rented or otherwise provided , or anyone related to that buyer or tenant. "Further, it is discrimination for any person to:" refuse to make reasonable accommodation in rules, policies, practices or services, when such accommodation may be necessary to provide an equivalent opportunity to disabled people to use and enjoy residential units, including public and public areas of use. "So, like Section 504, FHAA requires landlords to make proper accommodation for tenants. In addition, FHAA, in section 3602 (h), defines disability, with respect to a person, as: (1) a physical or mental disruption that substantially limits one or more of the person's main life activities; (2) records have such disturbances; or (3) is deemed to have suffered such damage. The term "primary life activity" has been widely interpreted to include "activities of great importance to everyday life," such as "seeing, hearing, walking, breathing, doing manual work, taking care of oneself, learning, speaking and reproducing. The US Department of Housing and Urban Development (HUD) is responsible for managing FHAA; The Attorney General or private persons have the authority to enforce it.
To establish a case of housing discrimination under FHAA: the lessee must have a qualified disability, the owner knows the defect or should be reasonably expected to find out, the disabled accommodation may be required to pay the tenant equal opportunity to use and enjoy the residence, and the owner must refuse the request such as refusing to ignore the "no pet" policy.
The second element, that the owner knows the defect or should know it, puts an affirmative burden on the tenant to request reasonable accommodation, such as a "no-pet" pet policy for emotional support animals. A tenant who wants to get a "no-pet" pet policy for emotional support animals can meet this burden by giving a letter from his doctor or mental health professional: stating that the tenant has a mental disability, explaining that the animal is needed to reduce the effects of disability, in order for the animals to be allowed in the rental unit as a decent accommodation for mental disability. The landlord reserves the right to request supporting materials documenting the need for emotional support animals. The emotional distress that will result from the necessity of handing over animals because the policy "no pets" will not be eligible under federal law. Conversely, there must be a link, or nexus, between animals and disabilities. The relationship between animals and disability is analyzed under the third element of the FHAA housing discrimination case, known as requirement requirement, and requires that accommodation will firmly improve the quality of life of the disabled tenant by improving the effects of disability. As long as the requested accommodation does not constitute an undue financial or administrative expense to the owner, or fundamentally change the nature of housing, the owner must provide accommodation.
Although the Fair Housing Act includes separate homes with single and single families, the sale or lease of one family inhabited by the owner is exempt from law. However there are two exceptions to this exception. One is that exceptions will not apply if individual private owners have more than three single family homes. Another exception to this exception is the use of a real estate agent or broker to rent a house.
Tenants may be given actual compensation and punishment, orders, and attorney's fees at the discretion of the court for infringement of FHAA owners.
Americans with Disabilities Act
Americans with Disabilities Act of 1990 (ADA) allow disabled people to carry their service animals in public places. However, ADA only extends this protection to dogs that have been "individually trained" to "perform duties for the benefit of individuals with disabilities," which is the definition of service animals under 28 C.F.R. Ã,§ 36,104. Because emotional support animals are not usually trained for specific individual disabilities and because emotional support animals may not be dogs, they do not receive protection from ADA. Therefore, public places can reject the acceptance of emotional support animals.
In situations where ADA and FHAA/Section 504 apply simultaneously (eg, public housing agents, sales or rental offices, or housing associated with universities or other educational establishments), housing providers should fulfill their obligations under both reasonable accommodation the FHAct/Section 504 standard and the provision of animal services from ADA.
Qualify for ESA in America
Americans who have an emotional or mental disability can qualify for Emotional Animal Support (ESA). To qualify, the individuals involved should have an emotional or mental disability certified by a mental health professional such as a psychiatrist, or other mental health professional. In some locations, landlords and property managers receive confirmations filled by certified family doctors. However, the best approach is to find the right mental health professional who can write such a letter.
Landlord
Many landlords have a "no pets" policy for rental properties, and many landowners allow pets to impose restrictions on the type and size of pets that tenants are allowed to take to rented properties. Many landlords are reluctant to override their pet policies and prohibitions, even when requested by tenants requesting accommodation from mental or emotional handicap.
The landlord may be worried that abolishing the "no pets" policy for one tenant will inspire many others to claim mental illness and the need for emotional support animals. The landlord may believe that since more tenants have animals on the property, the smells and sounds of the animals may deter other tenants from renting and thus lower the value of rental properties. Landlords may also believe that making exceptions to a "no-pet" policy for renter's emotional supporters can confuse other tenants who do not understand why one person is allowed an animal when they are not. However, if the tenant documents the need for emotional support animals under a Fair Housing law or state law, and the owner is not exempt from the law, the owner must allow the tenant to have an emotional support animal.
Pet deposit
The US Department of Housing and Urban Development and the Department of Justice has stated that "providers may not require persons with disabilities to pay additional fees or deposits as a condition for receiving proper accommodation." In 1990, an administrative judge of HUD ordered the owner of the apartment complex to charge a pet deposit fee to a disabled person. The judge states that additional assistance, such as service, guidance, or dog signals, may be required to provide equal opportunities for individuals to use and enjoy residential units, including public and public areas. Therefore, when the tenant is eligible for service animals or emotional support animals, a landlord can not charge additional tenants in connection with the presence of animals in rental properties. This prohibition extends to pet deposits and fare, even when the fee is charged to other tenants who own pets.
A landlord may impose a tenant fee for damages caused by the rental property by an emotional tenant animal, and may reduce the cost of repairs from the tenant's security deposit, but can not increase the deposit guarantee based on the tenant's ownership of the emotional support animals.
Exceptions
Exceptions may apply to the obligations of the building owner to enable tenants to have emotional support animals. For example, buildings occupied by owners with four or more leased units are exempt from the federal Fair Housing Act. The Fair Housing Act also frees private owners of single-family homes that are sold or rented without the use of brokers, as long as the owners do not have more than three single-family homes, as well as housing operated by private organizations and clubs that limit occupancy to members. Exceptions under state law may be stricter than federal exceptions.
Even when the Fair Housing Act applies, circumstances can arise where a landlord may restrict tenants from having emotional support animals.
- If an emotional tenant animal supports the compromise of another tenant's safety or their property, or if the animal poses a danger to another tenant, the owner may not have to allow tenants in the housing or rule out "not pet policy.
- If the lessee can not properly care for the emotional support animals, the building owner may be able to limit the ownership of the sustainable tenant animals.
- If the tenant neglects the animal's emotional support and the negligence increases to the level where the animal is threatened, then there may be a basis for action by police or animal control. If there are neglected animals, local law enforcement or animal control may intervene.
- If there are other more sensible alternatives to reducing the effects of disability and the tenant does not provide proper documentation of the emotional support animal, the court can not force the owner to disregard the pet policy as a disabled tenant's accommodation.
- Even if it is entitled to have an emotional support animal, the tenant remains subject to all other provisions of the lease, including the requirement to defend his or her residence in a sanitary manner. A homeowner may also expel a disabled person if the person does not comply with the valid lease rules applicable to all tenants.
If the requested accommodation (ie, a waiver of "no pet" policy for emotional support animals) is an undue financial or administrative expense to the owner, or fundamentally change the nature of housing, the owner may not have to provide reasonable accommodation. However, since the burdens that allow emotional support in animals are generally modest, most landlords are unsuccessful in arguing over the "no-pet" policy abandonment on the basis of the claimed extreme charges.
Boarding and dorm boarding
On April 25, 2013, the US Department of Housing and Urban Development sent a notice to its regional office that public universities are required to comply with the Fair Housing Act, which includes allowing emotional support animals to college dormitories and residence halls. By 2015, universities in the United States such as St. Mary's College of Maryland seeks to accommodate students with documented needs for emotional support animals.
Airlines
The Air Transport Aircraft Access Act sets out procedures for modifying pet policies on aircraft to enable persons with disabilities to travel with specified emotional support animals, provided they have the appropriate documentation and the animal is harmless to others and does not interfere with others (through unwanted attention, barking, inappropriate toileting, etc.).
With regards to airline policies affecting people who fly with animals, most airlines charge a fee and require that the animal be in a cage that can be accommodated under a chair; if the caged animal can not be placed under the seat, the animal flies in its suitcase. With emotional aid animals, on the other hand, they do not need to be locked up, and no one is accused of flying with an emotional support animal.
With the exception given to emotional support animals, many people without mental disabilities have tried to bring their animals to the plane and make them emotional supporters. Airlines, such as Southwest and JetBlue, however, typically have a policy that passengers flying with emotional support animals must follow. While an airline is allowed to request passengers traveling with emotional support animals to provide written documentation that the animal is an emotional support animal, the same does not apply to service animals.
Many emotionally supportive animals
Although there seems to be no case relating to the problem of some emotional support animals, the basic requirements for this reasonable accommodation will remain the same. In other words, if someone claims the need for some emotional support animal, then he will need documentation that supports this need from his doctor or medical professional. Practitioners need to provide documentation that each supporting animal eases some of the symptoms of disability.
Controversy
An emotional support animal can cause problems that a trained help dog may not. For example, due to lack of training, emotional support animals can bark and kiss others, while maid dogs are trained not to do so. There is also concern about people who abuse the system by getting emotional support animals even though they do not need it.
Lack of training for emotional support animals has also caused controversy in court. In particular, there is controversy as to whether the definition of service animal ADA, with its training requirements, applies to reasonable accommodation claims for animals under FHAA. However, HUD administrative judges have decided to support emotional support animals, despite the lack of training, as reasonable accommodation. In addition, some courts also ruled that unruly aid animals were decent accommodation under FHAA. However, there are some cases that have brought animal help, to be considered a reasonable accommodation under FHAA, should be trained.
See also
- Animal help therapy
- Animal service
- Service dogs
Note
References
External links
- Legal State Animal Assistance - Michigan State University
- Defects and Medical Conditions - TSA (Transportation Security Administration)
Source of the article : Wikipedia
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