Author Topic: Pet rent  (Read 1545 times)

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Offline robbertbobbert

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Pet rent
« on: December 05, 2009, 03:39:30 PM »
Okay so this year I'm living in a university apartment and after some initial fuss at the beginning of the year it was relatively easy to get Elliot in in the "no pets" apartments. This is because I have the Disability Resource Center on my side.

Next year I'm considering living with my friend and her roommate in a completely off campus apartment, that is in no way affiliated with the university, so the DRC won't be able to help me. This apartment complex that we're looking at is pet friendly, but you have to pay a $250 deposit and $25 a month. Elliot is still more of an SDIT or even an SD candidate, certainly nowhere near fully trained, so this year with the DRC I had him listed as an ESA.

I know I've seen this talked about a million times, but I get confused and overwhelmed really easily and I'd like to know wayyyy ahead of time what the steps are that I need to go through to request a reasonable accommodation to not have to pay the "pet rent" or pet deposit at this new complex on Elliot next year. Can anybody help me out?

Offline Kirsten

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Re: Pet rent
« Reply #1 on: December 05, 2009, 03:52:03 PM »
There's a formula on the main site for requesting an accommodation for an ESA.  The issue of deposits and extra rent is kind of a grey area for ESAs.  Generally speaking, a person should not be charged extra rent or a deposit for them but sometimes they do.  Here's the thing.  An ESA really is basically a pet.  We reasonably expect a higher level of training and lower level of damage or wear and tear on a residence from an SD than a pet or ESA.  It's very clear they can't charge extra for an SD, but isn't exactly spelled out that they shouldn't charge it for an ESA.  If you want to make a case for waiving a deposit for an ESA, look through the webcasts over in the law section.  Look for one including Herb Ziegfield (I don't have his last name quite right, but it's close).  There's a good quote from him to the effect that deposits should not be required for ESAs.  He's an official with HUD, so a good source to quote.  You could drop that quote (with citation) into the ESA accommodation letter and see what happens.

Remember that regardless of whether the animal is an SD or ESA, the owner is still responsible for any actual damage done by the animal beyond normal wear and tear such as a human might cause.  So any chewed wood work, soiled/stained carpet, etc. would have to be replaced or repaired at the renter's expense.

My personal tendency would be to replace the term ESA with "Service Dog in Training," and indicate he is in training for you.  Why?  There's a case, I think it is Green v Clackamas (again I got the first name right but the second is misspelled).  You'll find a copy of the Green case over in the caselaw section of the main site.  The Green case was about a woman who was training a hearing dog for her son and the landlord wouldn't allow her to keep the dog.  Now if someone is training a service dog for an organization or for someone else, that isn't going to fly.  But if they are training the dog for someone living in the household, this case could be used to support a claim that this is a reasonable accommodation because Green won her case.

The search engine I've got over there on the main site (http://servicedogcentral.org/content) is really very nice.  Just toss emotional support letter in there and you should find the sample letter easily.  A few versions in fact, because I need to go do some tidying up over there.  I like the ones from "Norville Rogers" best.  (Norville Rogers is the real name of Scooby's friend Shaggy.)  There's also a sample letter for a service dog that you might want to compare.  For the caselaw and webcast stuff you could toss those terms in the search engine, or simply go to the "service dog laws" section from the main menu in the left side bar of every page and follow the links from there.
« Last Edit: December 05, 2009, 03:55:49 PM by Kirsten »
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Offline state_of_nowhere

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Re: Pet rent
« Reply #2 on: December 05, 2009, 03:56:12 PM »
What I have done in the past is gone to look at the place and said, "I am disabled and have an emotional support animal, are you familiar with making reasonable accommodations for disabled tenants?" I have yet to have a problem that wasn't resolved quickly and easily.

Some people prefer to sign the lease and THEN mail the request. Either way, you should put the request in writing and ask your doctor to write a letter backing you up (use the template from SDC). Send them both via certified mail and be sure to request the answer be sent to you in writing within a certain time period.

Since they allow pets already, I don't think there will be a problem. The places that don't allow pets at ALL are generally the places that raise the biggest stink.
The decisions we make and the way we behave are what ultimately shape our character.

Offline robbertbobbert

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Re: Pet rent
« Reply #3 on: December 05, 2009, 04:02:33 PM »
Okay thanks, i'll go look up those cases.

The other thing I wanted to ask was bringing it up before versus after the lease is signed, but like State said, since they already take pets in general, hopefully it won't be too hard to get them to accommodate us.

But if things really don't work out I'm sure my parents would just pay the darn rent... but I don't want to if I don't have to.

Offline Spectrum

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Re: Pet rent
« Reply #4 on: December 05, 2009, 04:09:00 PM »
Quote
Since they allow pets already, I don't think there will be a problem. The places that don't allow pets at ALL are generally the places that raise the biggest stink.

I'd say that's generally true, however at the old apartment I lived at, which is pet-friendly with breed restrictions, I was told once that I can't have my "pitbull" there. At this place, which is no-pets, I have had absolutely NO problems. Everyone loves my dog lol.

I asked for reasonable accomodations initially through e-mail with the managing company (Weigand). I was assured that it was a reasonable accomodation and they would take him. When I talked to the actual owner, I again asked for reasonable accommodations, and she assured me it wouldn't be a problem. I took the letter for her to sign the same day I paid the deposit/filled out the application. She signed it right there in person, and I brought it with me the day I signed the lease, just in case (the deposit and the lease were about a month separated due to logistics).

At the other apartment, I did have to pay a deposit, but I paid the deposit and signed the lease there before I ever knew about ESAs. I don't know if the situation would have been different otherwise. Here, I do not have to pay a pet deposit or pet rent, but they have no pet policy other than "no pets" anyway.
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Offline state_of_nowhere

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Re: Pet rent
« Reply #5 on: December 05, 2009, 04:14:29 PM »
There should be no reason why you need to pay the rent.

I can see someone making the decision to let them know about the ESA or SD before the lease or after. In my opinion, doing it after can appear "sneaky" and I like to be up-front and start off my tenancy on the right foot. Sometimes just saying, "I'm disabled and may require some reasonable accommodations" opens the dialogue to get a feel for how accommodating and knowledgeable about the law they are.
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Offline Kirsten

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Re: Pet rent
« Reply #6 on: December 05, 2009, 04:14:53 PM »
Here's the thing.  If you wait until after signing to bring it up, you risk having a vindictive landlord, especially if you are planning to fight if necessary.  Is it worth it?  Personally, I would rather find out the landlord is a jerk before I get stuck with them by signing a lease.

In your case...well they're going to permit him to live there because they allow pets.  So what we are really talking about is trying to negotiate a waiver on the deposit and extra pet rental.  A pet resumé including a letter of recommendation from your current landlord is the single most powerful tool on that point.  If he has a history of not causing damage, it will be easier for the new landlord to give you a waiver. 
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Offline hopesclan

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Re: Pet rent
« Reply #7 on: December 05, 2009, 05:19:25 PM »
Also, can you get a letter from the trainer stating that Elliot is truly in the process of training to accomodate your disability?  There are so many perpetual SDiTs out there that aren't actually being trained that this might help.

If you wait until signing the lease, you would have also signed the lease/pet addendum and since they are charging extra rent for the pet, that will be part of your lease.  Unless of course you don't bring up the SDiT at all and I agree with Kirsten that it doesn't sound like the best option.
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Offline bj2circeleb

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Re: Pet rent
« Reply #8 on: December 06, 2009, 11:10:52 PM »
In your case...well they're going to permit him to live there because they allow pets.  So what we are really talking about is trying to negotiate a waiver on the deposit and extra pet rental.  A pet resumé including a letter of recommendation from your current landlord is the single most powerful tool on that point.  If he has a history of not causing damage, it will be easier for the new landlord to give you a waiver.

This I agree with totally. Yes I am in a different country, but the law here also says that I could not be refused with Brooke as a SD, but I had known of guide dogs who had been refused. So when I lodged my application I included a pet resume, with letters from her vet, the director of trainer of the program that she is with, copies of all the other awards she has, letters from current landlords and each of my direct neighbours to say that this dog has lived immediatley next door to me and has never ever been a problem in any way, shape or form.

The more you can give them the better. I agree a pet resume is the best way to go, along with a letter from your trainer. If he does have or could get his CGC before hand, this would also look good. The more you can give the better. A letter from your vet to say that his vaccinations are up to date and that they see you as a resposible dog owner is also good. As has been said what you need to prove is that it is reasonable for them not to charge you extra for this dog, and any evidence you can give on that the better. Then it is not your word verses theres.  A doctor really cannot say that a dog will not cause damage. Sure a vet hasn't seen them at home, but a vet alone is much better at assessing a dogs temperament, etc. Trainers can say what the dog is really like. A current landlord can say that he really has not been any problem at all, and neighbours can say the same things and especially in regards to barking and the like. But for pet freindly i dont' think tha would be the issue, what would be would be damage, etc

 

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