Is It Illegal To Say Your Dog Is A Service Animal In Massachusetts

Lance Talkington made snarky comments about emotional support animals and concluded up in court for allegedly interfering with his neighbors' federal Fair Housing Human activity rights. Talkington lived in in the US Virgin Islands at Cowpet Bay Westward Condominiums, which had a no-dogs policy.

When his condo neighbors Judith Kromenhoek and Barbara Walters (no, a different Barbara Walters) each brought home a dog and claimed that the dogs were emotional support animals, Talkington made derogatory comments on his blog. He cast aspersions on the validity of the certificates that Ms. Kromenhoek and Ms. Walters had obtained. He suggested that the certificates might have come up from one of the "disreputable" websites that would provide documentation without "verifying either the animals credentials or the purported inability." The court study does not say which websites Talkington had in listen, only interested readers with access to Google and a few minutes to spare can become a rough idea of the possibilities.

Near the top of the listing of search results comes the United States Dog Registry where obtaining the basic kit (document, lifetime registration, identification card, and tag) is a cakewalk. Yous practise not need medical documentation from your wellness provider or a letter from the veterinarian. You do not even need an brute. All you lot demand is $79.

If you are willing to crush out 98 cents more, become to USServiceAnimals.org, site of the "Official Service Animal and Emotional Support Animate being (ESA) Registry." For $79.98 in addition to the certificate, tags, etc., this company offers a card containing "legal data well-nigh your rights" and the peace of mind that comes from having said rights protected "with the help of our on-staff attorneys."

And you practise not fifty-fifty need to provide them with a alphabetic character from your medico considering the company volition have care of that besides: "A medico in our network may be able to prescribe an emotional support animal with only i phone telephone call." Demand a doctor'south note? Just scroll down and click on the big red button that says, "speak to a physician at present." Need that note quickly? Have no fright: "Our network of independent mental health professionals will get your required documentation today."

A certificate, a lawyer, and a physician, all for simply $79.98.

In any event, Mr. Talkington'due south online comments, which he made in 2011, landed him the role of one of vii defendants in a lawsuit that commenced in 2014 and ended in 2017. The trial judge granted summary judgment in his favor, just the Court of Appeals for the Tertiary Excursion reversed, holding that "a reasonable jury could find that there was a causal connection between Talkington'southward blogging and [the plaintiffs'] practice of their fair-housing rights." Bloggers beware.

News stories virtually emotional support animals tend to focus on air travel. Federal aviation regulations allow passengers to bring their "emotional support animals" on board the aircraft. Dissimilar pets, they fly free of accuse then, non surprisingly, the number of emotional support animals on flights has risen dramatically in recent years, from 481,000 in 2016 to 751,000 in 2017. The variety of supposed "emotional back up animals" has risen likewise. The list of airborne emotional-support creatures includes a turkey, a peacock, a goat, a large pig, and a miniature horse.

The grunter kicked upwards a stink, as the headline from the Hartford Courant suggests ("Pooping Squealer and Its Possessor Booted from Bradley Flight"). Within the strictures of federal regulations, airlines are now trying to scissure downwards.

For example, Delta and United at present require customers to confirm that their animals can behave in public and provide a health and vaccination form signed by a veterinarian. Based on the story about the hog, this does not seem similar too much to ask. Alaska Air requires that emotional support animals be of a size that does "non exceed the footprint or personal infinite of the invitee's seat or foot area" and must be leashed "or in an approved carrier that fits under the seat," which would seem to dominion out the larger-breed pigs and, perhaps, most goats. In whatsoever event, the airline warns fliers that "the only emotional support animate being permitted into Hawaii is a cat or dog."

Hawaiian Airlines "does not take nether whatever circumstances sure unusual animals." The link to the list of "unusual animals" does not work, maybe because the company is overhauling its policy and so every bit to conform to current regulations, which practice not permit companies to declare certain species off limits.

The industry group Airlines for America has asked the The states Department of Transportation to redefine "service animals" so as to include "only dogs that are individually trained to exercise work or perform tasks for the benefit of an private with a inability." If the assistants does decide to pick this fight, a swift victory over sundry advocacy groups seems unlikely.

The claiming facing airlines also confronts landlords. Tenants with disabilities are entitled to reasonable accommodations. This is not news. Nor is it news that the reasonable accommodation may come in the form of a service animal, even if the property owner has a no-pets policy. Landlords know that if they customarily prohibit animals of all sorts, they have to make exceptions for trained service dogs that perform tasks for tenants with disabilities.

But does an animal qualify as a service animal for landlord-tenant purposes when it has no special talent (e.g. an amiable only essentially unskilled miniature horse) and its part is simply to provide emotional back up? Having read about Lance Talkington'southward feel at the Cowpet Bay West Condominium yous can probably guess the respond.

Under the federal Fair Housing Human action and the regulations that implement it, housing providers must provide equal opportunity for each tenant with a inability to "use and bask" the domicile.

In 2013, the Department of Housing and Urban Development (HUD), which enforces the federal Off-white Housing Deed, issued guidance on the subject. HUD stated that although the Department of Justice had interpreted the Americans with Disabilities Human action (ADA) and then equally to exclude emotional support animals from its definition of "service animals," HUD would interpret the Fair Housing Act (FHA) so as to include them. So far every bit HUD is concerned, a reasonable adaptation under the FHA includes emotional support animals.

According to the HUD find, if a tenant whose disability is not readily apparent claims to demand an emotional support animal, the landlord is entitled to enquire for "reliable documentation" from a medico, psychiatrist, social worker, or other metal wellness professional person equally to the disability and the "inability-related need" for the animal. They may not ask for admission to medical records or for "detailed or all-encompassing information" about the mental damage.

Every bit for showing that the animal is "necessary" for the tenant'southward enjoyment of the premises, landlords may ask for testify that "that the brute provides emotional support that alleviates one or more of the identified symptoms or furnishings" of the inability. Some appeals courts have upheld this extremely generous estimation of the word "necessary." If a tenant can show that the animal alleviates an event of the mental-wellness status, then the animate being is "necessary." In this context, the pregnant of "need" grows somewhat fuzzy.

As parents sometimes grow tired of explaining, specially around the holidays, there is an of import difference between want and need. "We fully appreciate that yous want the Xbox One/every single detail in the American Girl Doll catalog/a pony [delete equally applicative] but we practice not believe that y'all need it." Information technology may come up as some alleviation that offspring's failure to understand the want/need distinction will not prevent the little moppets from becoming either the authors of HUD notices or appellate-level judges.

Nether the FHA and the Massachusetts state-police force equivalent, K.Fifty. c.151B, an accommodation must not unduly burdensome, i.e. must not impose undue financial or authoritative burden on the landlord.

If the landlord tin show that the animal in question poses a threat to other tenants, then that danger may outweigh the disabled tenant's need for a reasonable adaptation. However, landlords cannot get away with blanket general assertions against sure species or breeds: the danger must be particularized. It is not plenty to say that ferrets foment fear, pythons adjy, and bull-terriers seize with teeth. Instead landlords demand to make individualized assessments for each animal.

Even if your rental property has a no-animals policy, your tenant with a non-obvious disability (e.1000. behavioral-wellness problems) has the right to seek an exemption in order to keep an emotional support fauna on the premises. That said, you tin can and should ask for "reliable documentation" from a dr., psychiatrist, social worker, or other metal wellness professional that the tenant has (1) a disability and (2) a "disability-related need" for the animal. If you tin evidence that the animate being in question would impose an undue brunt, y'all may nonetheless be able to enforce your no-animals policy.

Turkey An airline passenger fabricated news in January for taking their "emotional support turkey" onto a Delta flight. Hither's what landlords need to know.

Service animals are trained for specific tasks with specific people. For instance, a guide dog helping a visually dumb person into a subway is a bona fide service animal.

This is different from a pet. Anyone can buy a true cat or give it away. Service animals and people are paired upward together. The person travels simply with that specific canis familiaris, and that specific dog helps but that person.

Businesses that take a "no pets" policy must be careful not to appear discriminatory. Service animals are not pets and must exist granted reasonable accommodation. You cannot discriminate against someone on the basis of their disability (Federal law). Yous can merely turn away their asking if unreasonable.

An example of a reasonable asking: "I need my service dog to live here with me and so I can motion effectually the flat. It is licensed and friendly and I volition clean upwards afterwards it."

An example of an unreasonable request: "I need my service dog to have a gold-plated canis familiaris house that you will pay for at a cost of a million billion dollars."

Since March, 2001, merely dogs have been recognized under the law as a "service animal" (search for this term and you volition detect the definition at this link).

People with emotional disabilities are likewise eligible for reasonable accommodation, and unlike service animals, emotional support animals can exist any kind of brute.

The federal authorities specifically refuses to recognize emotional support animals as service animals. This means fewer places are required to suit ESA's. But airlines and housing are two of the major areas singled out.

Cats, dogs, ponies, pigs, and turkeys have all been identified at one time or another every bit essential life companions for the disabled. These must exist allowed with proper documentation.

Dogs in Massachusetts have their own discrimination protections. Landlords and insurers cannot refuse to hire to a dog because of its brood.

The Acts of 2012, Chapter 193, Section 32 states that "no dog shall be deemed unsafe: (i) solely based upon growling or barking or solely growling and barking; (two) based upon the brood of the dog; or (three) if the dog was reacting to another brute or to a person and the dog's reaction was not grossly asymmetric to any of [a long list of] circumstances."

This means that insurers can't refuse to insure you because of a dog breed. And yous, therefore, cannot decline a service animate being or emotional support fauna for fearfulness of your insurer.

We now have an answer to the question, "What almost a seeing-eye rottweiler?" The answer is, "Landlords must allow it unless that specific domestic dog has a history."

Under Massachusetts law, it's relatively easy to become the paperwork required for an emotional support animal. We may say we demand a medico'south note, simply actually a wide variety of sources can provide legally binding documentation.

Any of these data sources can crave you lot to permit a tenant to accept an ESA in your no-pets apartment.

In advertizement a "no-pets" apartment, say "no pets (SA's/ESA'due south allowed)." Someone with a service brute or emotional support brute volition know what you mean by SA/ESA and won't feel discriminated against.

When asked if yous let pets over the telephone, don't prompt the tenant to go get an emotional support form from a decadent medico or social worker. Tell them "yep, with appropriate paperwork." If they are legitimate, they will know what you mean. If they are trying to abuse the organization, they will produce just an animal license at first.

In setting the rent for an flat where dissimilar candidates accept different accommodation requests, remember that you can negotiate the hire up or down to compensate y'all for legitimate actress expenses. Exist very careful. If you lot can't produce receipts showing your boosted expense, yous could be found to be discriminating.

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Speaker:

Carl W. Lindley, Jr. - Carl

Moderator:

Richard Merlino - Rich

[Showtime 0:00:00]

Carl: Thank you, Doug, and to the members hither.

Nosotros'll right at information technology. Emotional support animals, I want to start with kind of just giving you what my goal is for today, which is not to give my personal opinion as to what emotional support animals are or whether information technology'south advisable or not.

But this is the general advice that I give to all landlords is if you're going to play the game, you have to know the rules, and if you play golf, you lot certainly know hither nosotros got two stakes. This ball is out of bounds. You're getting hit with the one-stroke punishment, and information technology makes no sense at all, correct, because if I hit this out there, if it landed hither or here, I can brand my next shot.

Information technology'southward the same thing with being a landlord and with emotional back up animals: you merely demand to know the rules and so that if y'all go stuck in a situation, y'all know what the penalties can exist and what'south an appropriate step to take. So often, I find landlords that are in the out-of-bounds area and tin can get a gratuitous pass but won't take information technology because they recollect I tin can only take this next shot and it will be okay. Really, the goal for this evening is to learn the rules of the game regarding emotional back up animals.

Start thing is I simply want to let you know I'one thousand a landlord myself here in Worcester County. The annual cost of having a canis familiaris or a cat are at $2,000. I retrieve that's probably pretty inexpensive. The people that I know accept dogs. We got a true cat and a couple of fish. Every time my wife comes home, it'south another toy or something, but that'south another calendar month or two of rent, and so it's a real cost that your tenants are taking on to have this emotional back up animal or whatnot.

Also the landlords were bearing the costs of what damage that animal can crusade and often I hear, "Well, the tenants are ever responsible for the damage that their animals cause." Yep, that'due south true, but they probably don't take the ability to pay you anyway and so yous're going to get stuck with the bill at the stop anyway.

When we talk about emotional support fauna s, it's not just 1 police that says you have to allow an emotional back up beast. When I beginning started practicing law, I started here in Worcester doing insurance defence force for sports and entertainment facilities and I thought, "You know it would be easier," every bit I was starting my family at the fourth dimension, "I'll just represent some landlords. That will exist easy enough. I'll build that practise."

This is simply 1 area of the whole landlord tenant law, and this takes into account the Fair Housing Act, the Fair Housing Act as amended. General Law 151B, this is the Massachusetts Bigotry Law. Some other discrimination constabulary, General Police Chapter 93, you probably hear a lot well-nigh 93A, but 93. The justice department, they event advisories. Down in Washington, they're writing upwards advisories as to what they call up these laws are and how you should behave.

Additionally, the MCAD, nosotros talked about that, and so we've got like a quasi-governmental bureau that's set upwardly that but to hear discrimination claims, and they're adjudicating these claims. Now if you don't like what's going on at the MCAD, maybe you'll go the case kicked to land court or to federal courtroom, and and so there'due south decisions there. HUD, they're creating their own regulations and putting out memos and things such as that. Other laws, the Americans with Disabilities Act and then finally I got the Code of Federal Regulations.

[0:05:00]

These are but some that I thought of off the top of my head is that I was going through and creating this presentation, I'm sure there'due south more. People will say, "What's the law around this?" It's we've got to look at a lot of unlike moving pieces here to go at it.

All right, and so what are we talking about when we're talking most emotional support animals? The overriding piece is housing discrimination, and an emotional back up animal is just i cause of activeness that would come up in a housing discrimination case, and then y'all would say, "All right, the landlord didn't permit me to have this emotional support animal. I'm going to go to the MCAD or I'm going to get court or I'1000 going to go a lawyer," which reminds me of Doug'due south topic there, which is (1) attorneys are not a protected class, and I always tell my clients do not rent to attorneys. I wouldn't rent to an attorney and that's my advice to y'all.

Simply this not allowing an emotional support animal is if you don't get to court and say I wasn't allowed an emotional back up fauna, you would go to courtroom or to the MCAD and say, "I was discriminated confronting in housing based on a disability." They'd say, "Well how did they discriminate against you lot?" They didn't allow my emotional support animal."

Yous should all know what would that tenant accept to prove in gild to win that case. Start is they have to prove that they're handicapped, then if the tenant is not handicapped, that's the end of the of the game. So they have to evidence that the landlord was aware that they were handicapped or could have been aware that they were handicapped.

If y'all encounter me, y'all might say, all right, there is no obvious damage in that location, I hope. Just if somebody's impairment is obvious, then you tin can't say, "Well, I didn't know." And so they're going to have to show that the adaptation sought was reasonably necessary to afford the tenant an equal opportunity to use and enjoy the premises. Finally, that yous didn't make the adaptation. That'south the tenant'south case against the landlord. This is everything that they're going to accept to prove.

All right, question one for you. Do we all know who this guy is?

Audience: [unintelligible 0:07:55]

Carl: All right, [unintelligible 0:07:57]. Question i, what does it mean to exist handicapped? Because if we go back here, the first thing I said they have to evidence is if the tenant is handicapped, merely what is that? What does it hateful to be handicap? A handicap is a person with a physical or a mental damage, anyone know the impairment has to substantially limit one or more than major life activities, that tenant has to accept a record of the impairment, and then there's going to be some documentation there that they are impaired, or the person is perceived as having this kind of damage. If you believe that they're handicapped, that'south plenty.

It does not include current illegal utilise or addiction to a controlled substance, so we get into this issue of I'm an alcoholic or I'm a drug user. That tin can be a disability, but it's only if that was happening in the past. It'south not, "Hey, I'thou a current drug user or a current alcoholic."

All correct, then service animals, so the Code of Federal Regulations implementing the Americans with Disabilities Act, identifies service animals. It says, "Service animals, generally a place of public accommodation shall alter their policies, practices, procedures to permit the utilize of a service fauna by a person with disability."

Service animals, what'south a place of public accommodation? Practice we all know who this guy is?

[0:ten:07]

Audience: [inaudible 0:10:08]

Carl: All right! We got [unintelligible 0:10:11] in the house. What'south a service animal?

[0:10:xviii]

Audience: A domestic dog.

Carl: A service brute means whatsoever dog, just canis familiaris. Service animal means whatsoever canis familiaris, any domestic dog that's individually trained to do piece of work or perform tasks for the benefit of the individual with the inability. That can include concrete, sensory, psychiatric, intellectual, or other disabilities. Other species of animals either wild, domestic, trained, or untrained are not service animals. Service animals are dogs.

The work or task performed by the service animal must exist directly related to the individual's disability. Examples of work include assisting those who are blind or take low vision, alerting those who are deaf or difficult of hearing, providing nonviolent protection or rescue piece of work, pulling a wheelchair, etc. You go the thought.

What's not? The crime deterrent effect of the animal's presence and the provision of emotional support, wellbeing, comfort, companion exercise not constitute work or tasks for the purpose of this definition, so that'south a service animate being.

We've all heard of these minihorses, right? Concur on a second. We just looked at the definition. The definition of service animal is a dog. If we looked somewhere else in the police, they throw in this mini-horse piece. Minihorses, a public accommodation shall make reasonable modifications and policies to permit the use of what? Of minihorses. Skillful grief! If the minihorse has been individually trained to exercise work or to perform the tasks to benefit this.

Nosotros're up to two animals. Nosotros're up to dogs. Nosotros're upwards to minihorses equally service animals. If nosotros look farther at this constabulary, minihorses, we're going to have a look at the blazon, the size, the weight of the minihorse, whether the handler has sufficient control, whether the horse is housebroken, and whether it compromises prophylactic. All correct, here we become. We're upwards to minihorses.

What else does the constabulary tell us nigh these service animals? (1) It's got to exist in control. If that animal is not in control, nope. The creature is out of control, the handler doesn't have control of it, the creature is non housebroken, we can ask the private to remove that service beast. It just goes into greater detail. Really, it'southward got to be on a harness, on a ternion or a harness. Lastly, having it on a leash or a harness interferes with its ability to do whatever information technology's supposed to do. If you can't accept it or a ternion or a harness, okay.

Information technology seems to exist getting better for us. Public accommodation, you're not responsible for the care or supervision of the service animate being.

All correct, this is getting better. What can you ask? All right, and then all we can ask if we're at a public adaptation is to ask if the animal is required because of a inability and what work or tasks the animal does. Nosotros cannot require documentation such as the animal has been certified, trained, or licensed as a service fauna.

Audition: [unintelligible 0:14:38]

Carl: Where can we go? Access, anywhere that the general public can go, the service fauna can get. We tin can't say, "Well, we'll give y'all some access but not 100 percent." No, it's 100 percent.

[0:15:03]

Tin can nosotros charge yous because information technology's a problem for us? No. If people with disabilities were charged every time that they have to go and do something, that wouldn't be off-white. People are supposed to be able to just because they're disabled, utilize and savour the property just the aforementioned as everybody else and just the aforementioned as everybody else means just the same as everybody else not for an extra $10.

Hold on a second. Emotional support animals is what we're talking about, not service animals. There is this stardom that they've drawn at present. There is these service animals that we've just went through, and in that location'southward emotional support animals, so now let'south take a await.

Service animals, those are in places of public adaptation. What would they include? Your rental office, your community room, so any place that's open up for the public, that'due south what the ADA gets at. The ADA is worried near places that are just open up to the public.

Fair Housing Law, as a general proposition, prohibits discrimination based on disability. And then what does that lead to? If I tin't discriminate based on disability, that then creates this obligation that the landlords do something, the landlords have to brand a reasonable adaptation.

Anyone know this guy? Who do we got?

Audience: [unintelligible 0:17:01]

Carl: Who?

Male person Audience 1: Gene Rayburn.

Carl: Cistron Rayburn, all right. What is a reasonable adaptation? Reasonable adaptation is one which would not impose an undue hardship or a burden on the entity making the accommodation. These are modifications to rules, policies, practices, services, etc., so that people with disabilities tin reasonably live in and savour the premises.

These can include structural modifications to buildings, etc. That's really not for today, but as a general proposition, information technology's just a alter to a rule, a policy, practice of service, right? If the rule is no pets, the reasonable modification for someone who's disabled is to permit an emotional support animal.

What is an emotional support brute? They're not trained. There's nothing that they take to practise. They make you feel better. Mayhap they brand you feel meliorate. Perhaps they make yous feel worse, only it'southward simply an animal that you have for the sake of having a pet. That's an emotional back up animal.

I went and did a little digging here. I found this from the American Psychological Association. What was interesting about this paper was information technology was chosen, "The Emotional Back up Animals Rule and Conflicts in Professional Psychology." The professional psychologists were a scrap nervous if you lot will, this is what the paper expresses nigh kind of existence put in this office of people calling them upwards and request, "Hey, can you write me a letter that I wanted to have this emotional support animal?"

Certainly people will practise information technology, but like in any profession, there's going to be skillful psychologists and psychologists who write the letter to get you lot out of the part, right? Their real business organization was and they're only supposed to be writing stuff that has a sound basis in science. There is this underlying assumption that says past many professionals and people that the pets make us feel better, merely it'south just an assumption. That's non science. Science is something that tin be tested, etc. Just using your human feel, yes, if I had a pet, I think about my little dog, aye, that'due south bully. He's licking my face, whatever. But it's not based in scientific discipline.

[0:twenty:28]

Also, I mentioned the stiff media bias because information technology'south slap-up to practise a story near the dog or whatever that helps the human in problem, but some of the studies that were done showed in fact there was no bear on or in fact a negative touch on mental health and does not make a adept story.

I put this in here as well because when we talk about reasonable accommodations, the keyword in that location is reasonable. What's a reasonable accommodation? What is stacked against the landlords is this: the perception and the idea that people already take a right to have a pet in some housing. In elderly housing and in certain federally funded housing for elderly and disabled, they have a right to have a pet, so not an emotional support animal, not a seeing-center dog, merely have a pet because our politicians have decided that who wants to be confronting pets? That'due south non a good policy position to have.

It's going to be difficult when the legislature and the constabulary has already said it doesn't seem like that big of a burden to already have a pet, and in fact, we're going to forcefulness some landlords in certain situations to permit pets merely for the sake of having a pet.

When we're doing our reasonable adaptation, I oftentimes hear people volition say, "I just treat everybody the same. In that way, I'grand non discriminating confronting anyone. Well, that's not what we want you to practice. The goal isn't to care for anybody the same; in fact, people are going to exist treated differently, but in the end is to go them the same matter. What'south the end goal? The end goal is to permit people to use and enjoy the belongings.

If someone tin't use and enjoy the property because they're disabled but having this animal allows them to employ and savour the property, then that's the goal. You end up in a situation right where Tenant A, you tell him, "Hey, I can't accept a canis familiaris." Tenant B, "Hey, I just saw she'due south got a dog. All right, that'due south non her pet. That'southward her emotional support brute."

Can I require the tenant t make this asking in writing? I give y'all two different answers here, really. The kickoff thing that I desire you to recall in all bigotry or in all request for reasonable accommodation, and this may include the service brute. It may include lowering the kitchen cabinets down because "I'm in a wheelchair." It may include whatsoever of the things that someone asks for a reasonable adaptation is there's no magic words or forms that a tenant has to fill up out to make a reasonable accommodation. You but, as a landlord, accept to be on notice that they're requesting a reasonable adaptation.

When I litigate these cases or I'm at the MCAD with them, I always want you to behave every bit though we're today nosotros're at the MCAD and now yous're nether oath and they're putting the pressure to you when he said, "Hey, I got Fluffy who is my support canis familiaris," did you just brush over that or did you have the appropriate steps? It's one affair to kind of fluff over it when you lot're talking to other landlords and doing things like that, merely ultimately if push comes to shove, at some point you're going to exist under oath and I want you to conduct appropriately so that you've taken the correct steps.

[0:25:15]

If somebody suggests at all that they need a reasonable accommodation for anything, don't freak out. Information technology'south okay you haven't washed anything wrong notwithstanding. We'll become to what you have to do. Once you're on notice that a request has been made, all you take to exercise, the beginning thing you have to do is engage in this interactive dialogue. That's the fancy word that the MCAD uses to say talk to the person. That's all that it is, and when I do this, I'll do information technology for a landlord if the client calls me upward and says, "Oh, my gosh, Carl. They requested this. What do I do?" You get all kinds of unlike requests, but the tenant wants new carpets. The tenant wants this and they're saying it's because they're disabled.

Start matter I do is might write them a alphabetic character that says, "I represent Larry Landlord, and I understand yous fabricated this request." The purpose of my letter is to practise what? To engage you in the interactive dialogue. I recollect a case that I had and the landlord had taken a few steps first and then called me and I sent off that alphabetic character. Information technology was later on they got hit with the MCAD complaint. As shortly as the MCAD complaint came in and I got it from the client, I sent the letter of the alphabet and said, "I represent the landlord and I'm here to engage you in the interactive dialogue."

At the hearing, they idea that was their aha moment, so he pulled this out and said, "See? Later I complained about this, the attorney sends me this letter, saying he's engaging me in the interactive dialogue."

The MCAD shot him down right and so and said, "Heed, I'thousand not going to penalize the landlord for doing what they should practise." Now, they might non have washed it at the verbal moment they should have done it, but no that doesn't count. Attorney Lindley is doing exactly what he should, which is he wrote to you to engage in the interactive dialogue, but you thought you had him, then you wouldn't appoint." Okay, that's fine. At this point, the person had said, "Hey, I need the service animal, whatever information technology might be."

Your role is to talk to them. Now as role of that talking, we might demand some documentation because if the person says, "Hey, I'm disabled and I need Fluffy the Wonder Dog." Okay, just if you don't announced disabled, I'm going to need some documentation for that.

When you're engaged in the interactive dialogue, and so many of them come up in and you requite them the middle roll like this is basics, but don't because if it is a species claim, information technology's better to take said, "Listen from the get-go, I gave him the run a risk. I took it seriously." You got to be on these things timely, too, because they'll hate you. The MCAD will hate you for not following upwards in a timely fashion and just letting it sit down out there and kind of doing the ostrich thing of, "Hey, hope this but goes away."

It won't go abroad. The problem isn't going to go away, and so always be following upwards, always exist bouncing the ball back to the tenant if in that location's something that y'all demand and document this stuff. It'due south a hurting, I know, only document that, "On Apr 15^th, I had a conversation with the tenant and she requested an emotional back up brute, my reaction was I engaged her in an interactive dialogue. We used that language correct in my notes, engaged her in an interactive dialogue and asked her to supply apathetic, blah, blah.

If it's obvious disability, you lot tin can't asking. Nosotros can't play that game of, "Hey, every fourth dimension the guy in the wheelchair comes around, let me come across your note." We're not going to make information technology hard.

[0:30:05]

If the disability is non obvious, great! Y'all tin can asking what y'all demand to verify. Verify what? Can I request to see all of their medical records? No. You tin but asking enough to verify that the person meets that definition of disability. Disability what? Has a physical or mental impairment that essentially limits ane or more life activities. Unfortunately, that's a alphabetic character from the doctor that says, "Susie Smith is disabled, has a physical and mental damage that substantially affects one or more major life activities," and that's probably all you're going to go. But you can request that. Make a dr. or nosotros'll come up to who can exercise it get that documentation.

It has to be a relationship between a person's disability and the demand for an accommodation. This really comes up in some other areas. It'southward a lot harder in the area of emotional support animals, to say because, "The emotional support animal really is it but makes me feel better. It helps me leave of bed. It helps me in my day-to-day life, and it helps me to enjoy things."

Where this comes up, I had a recent case where somebody had requested new floor throughout the apartment because a child had a condition where they would consume things. I'thou like, what's the connection? If information technology's a hardwood flooring versus a carpeted floor, do they not eat off one or the other? They could never make that connection. Merely really for emotional support animals, that'due south not where the fight is.

Who tin can give you lot this documentation? A doctor, a psychiatrist, a social worker, whatever of these mental health professionals tin, or just documentation that the tenant collects social security disability. They're social security disability, they're disabled.

Tin can I deny the request? Sometimes. If he doesn't meet the definition of handicap, if there'due south no relationship betwixt the emotional support animal and the disability, if the specific animate being poses a straight threat to the health, safety of others merely it can't be eliminated by some other reasonable accommodation, then you get reasonable accommodation on height of reasonable accommodation, or the specific creature would cause concrete damage and once again can't exist modified, reduced, or eliminated past another reasonable accommodation.

I was asked to talk about the scam websites that are out there. I've seen them. We've gotten the letters from them. A couple of things I'd say about them. I went on one, and according to them, I'm in demand of an emotional support animal. I answered all of the questions. I had 48 questions. I answered them all in the negative. Question 1, "In the past 6 months, have you had a traumatic event in your life?" No. "Take you been diagnosed with a mental affliction?"

No. for every question, all 48, I answered no. Nothing bad has happened to me. Everything is fine. I accept no issues. Everything is wonderful. at the terminate, the reckoner ran its niggling matter and there were things floating up and down and things were calculating themselves. At the stop, it said, "Congratulations! You're a perfect candidate for an emotional support fauna!"

Audience: [laughter]

Carl: To me, it'south clearly a scam. I don't concord out much promise, but I would hope the chaser general would wait into this because information technology's hurting landlords, but it'southward hurting people who demand emotional support animals, and information technology's hurting people who need service animals, correct? Because when everybody is scamming the system and these are just companies that are just scamming you for anywhere between $29 to $99 to get the letter.

[0:35:xvi]

Only care for them just the same. "We know. That'due south a scam, but I'chiliad going to treat the letter but the aforementioned, and I'g going to piece of work through information technology just the same." Information technology would be ane thing to get whacked on a case where the person had a real result, but wouldn't it be fifty-fifty worse to know you lot're getting scammed then not treat information technology seriously and then get whacked on that? That would actually ruin your solar day. Just treat it the same. Treat it seriously, only we all know that some of these are just terrible.

I'll talk to you about this recent example, MCAD and Clark versus New Bedford Housing Authority. First thing that I want to point out to y'all is the timeline to this. Complaint filed in 2011. Ii years later they make the beginning decision in June 2013, and then this final conclusion of the whole panel came out half-dozen years after. In that location are no winners in this. It's great that this case was from the New Bedford Housing Authorization. I'chiliad sure they take staff attorneys on that are being able to do this, but if you've got three units, 6 units, any, do you lot want to spend the next viii years litigating this? No!

Nosotros just want to place these things and keep out of trouble. It was nifty that they won and nosotros'll get through information technology a fiddling bit, but ofttimes I go these calls from landlords who are so gung-hu and they're going to fight the fight and they're going to, "Carl, nosotros're not going to let them go abroad with this this time." I'm like, "All right, I'one thousand onboard. Let'southward go, but that's your fight, that'due south your coin. Do you really want to do that?"

If you have some, fine, obligation or calling to be in litigation in eight years to prove a point, swell! Merely the fashion that I practise law is I'd rather just have you avoid these situations than be the test example on them.

What was this case? This was a example in which the tenant wanted a pet ball python, so they filed an eviction instance, and the tenant had agreed, "All correct, I'll get rid of the pet snake and allow inspections for the pet ophidian every bit a role of the eviction case." So decided, "You know what, it's not a pet ophidian." In fact, she for a little chip claimed that information technology was a part of a religious merits, religious discrimination she was working, so this pet ball python was a part of that. That got dismissed out pretty quick. Only she kept on, "Hey, it's a reasonable adaptation."

I retrieve a lot of landlords' gut reaction would be, "Listen, that'due south crazy talk. Get out of here." But the landlord did the right things here. They engaged the person in their interactive dialogue. They talked most the pet snake. "Hey, what are you lot going to do with the pet ophidian? Where do you keep the pet snake? How do yous practise these things?" What did they learn? "Oh, I feed the pet snake dead rats. I practice take the pet snake out at times." You lot can't accept a pet ball python without letting him strap its legs, and then they would have him out and let him practice his affair. All of those things really made the landlord's case fifty-fifty amend.

Then they did request documentation from the physician and sure plenty, the doctor wrote a alphabetic character that said, "Yes, she is disabled and," part of it was, "the shedding of the pare made the tenant experience it was a new beginning to her."

Audience: [laughter] [crosstalk 0:xl:01]

[0:40:01]

Carl: Yes. The landlord didn't stop there. The landlord called that doctor and said, "Allow's talk near this, Physician. What do you mean?" Merely like I said, information technology's and then piece of cake to write that letter. It's so piece of cake when push button doesn't come up to shove, merely we can button back up on the doctor, "Physician, let'southward talk about this brawl python." The doctor, according to the landlord, kind of backtracked and said, "Well, in that location's actually no connectedness that I can make, but if y'all took the pet away from her, if you too her snake abroad, that'due south actually going to upset her."

"Okay, cheers, Doctor." They documented those notes and the MCAD agreed and they put forward also that a ball python, if it got loose, that would scare the other residents and it might acquit disease, but as I was repeating this, ane affair came out. They said, "The tenant wasn't able to show that this snake didn't acquit salmonella, at that place was no expert nearly this and yadda, yadda, yadda." But oftentimes, that will get turned on you, so the case that I'm thinking of is the pit bull. You lot say, "Hey, you lot want a picayune dog?" That's great. I'll allow that, but nobody e'er wants a little dog. They want a pit balderdash. They say, "Hey, that doesn't seem reasonable."

Well, there's cases out at that place that say yous can't pick the blazon of dog that it is. There was this whole case that talked near while the landlord couldn't prove that that was a pit bull. Information technology gets frustrating. There was a criminal case that talks about pit bulls where the police are going on these no-knock warrants, and they say, "Well, pit bulls are inherently dangerous animals, and then we need the no-knock warrant." I said, "Jeez, that seems like a great argument. We can't let pit bulls because the courts have already agreed that pit bulls are inherently dangerous animals," simply information technology hasn't held upwards. When they permit me make the rules, so information technology will.

As I was saying, these are the things that that landlord did correct. They engaged in the interactive dialogue. They requested information. They documented it. Then the landlord was able to articulate, "Hey, I got reasonable concern that this snake has salmonella or could, take ticks and mites and getting out, feeding at dead rats." They were able to certificate all of this.

This is a cautionary tale, besides, is if they had only skipped to the finish of, "Hey, that ball python is not reasonable. It's over." Without doing that work, they could have ended upward in the aforementioned place, meaning the court could have said, "You know what, it is not reasonable for y'all to take your ball python, but Landlord, I'm going to penalize you because you lot didn't engage in the interactive dialogue and that was required, and then I'thou going to striking y'all with a penalty or a fine, or something, merely for non doing what you should have washed."

Now you've got your emotional support animal and can you put restrictions on there? Absolutely! If I'm going to have an emotional support creature on ane of my properties, I'grand going to identify the fauna past name, breed, age, photo. I want to know who that dog is specially at the bigger complexes, so if the canis familiaris is out, I know that's your canis familiaris that's out. That'southward your animal that's out. Prior to having them there, you tin say, "Mind, you got them treated for fleas and ticks, under control of yous at all times, no jumping on residents, no aggressive behavior, so it tin can't be simply be, "I got him on a leash and every time you walk by, information technology's 'Ra! Ra! Ra! Ra!'

Nope! No disturbing quiet enjoyment of others. No barking at the belongings, especially the letter that I write, when you're not at home, and then you get to work and the dog goes nuts; then when you come dwelling, everything is fine. You lot got to make clean upwardly after him. The fauna has to be vaccinated and licensed, and tenant is responsible for all damages caused by the animal. Those are the types of restrictions that yous can put on these emotional support animals.

[0:45:18]

All correct, some of the cases that nosotros institute, this one HUD with a New York landlord. It was a $15,000 penalty for not assuasive an emotional support animal, this ane twice as much in Massachusetts at $30,000. This is something that you should know about as well, which is you lot see here, MCAD example, $25,000 to the tenant, $5,000 to the MCAD. In all cases at the MCAD, whether in one case you're there, if y'all settle the instance or you go and you have your hearing, if you lose or you reach a settlement, there'south going to be ii things: there'south something in it for the tenant, the tenant wants his money and to accept their dog. At that place's something in it for the MCAD because they don't have the discretion to say, "No. Listen, you pay them $v,000 plenty and that's enough."

At that place's going to be something in it for the MCAD whether that's advisable or whatever, but that's once again slide 1. I'm simply teaching you the rules of the game. Now that doesn't have to exist coin, but it has to be something, so I've had cases where I'll say, "The landlord will draft the policy of reasonable accommodation that will be reviewed past the MCAD and implemented." Something has to be in the public interest.

At present my married woman said I shouldn't apply this i, said information technology was a little scary…

Rich: I've ever wondered who came up with that expression.

Carl: [laughter] More than one style to skin a cat. Should I just allow pets? If you allow pets, you can restrict the breed. No pit bulls if you don't like pit bulls. I can limit the size. I can require insurance. I can charge increased hire. I can do all of those things if it's a pet.

This is kind of just a throw in, which is that, so service animals, if y'all're training a service creature, you're immune the same protections as if you're disabled, then you lot could just take home a service animal to railroad train and information technology'south the aforementioned obligation.

All right, here's breaking news for everybody. Everything I said might be off the table because HUD hasn't put this out nevertheless, but it's beingness reviewed, a document titled, "Applying the Off-white Housing Deed to decide whether a person's request to have an animal as a reasonable accommodation should exist granted." They just put that through on March 21, 2019. They tried this about a yr agone. Information technology went up for review, and then it got pulled back, and just on the 21^st, they must take made some edits, and have put it up for review again.

We don't know what's in hither and we won't know. Inability advocates and housing advocates have specifically asked to see the document and take been rejected, so when HUD and Fair Housing does a document like this, it's actually attorneys looking at the police and interpreting the law and then more often than not putting out a memo to u.s.a. that says, "Hey, this is how y'all should behave." Information technology's non the police force, merely if I was existence sued and I said, "Hey, I followed this matter that was put out by HUD, fifty-fifty if I'm wrong and the attorneys at HUD are wrong, I'm non going to get hitting with much."

[0:fifty:04]

What is speculated to be in this is a couple of things, (1) addressing the scam of the online service animal, (2) addressing the need of multiple service animals, so, "I don't need just one domestic dog. I need two dogs and a cat." When this latest administration took over, the head of HUD, who does this was keyed into this every bit being a troubling surface area. And then, they tried it one time. They're doing it once more, and my agreement is this gets circulated amongst a lot of but dissimilar federal agencies that read it, and and then requite their feedback, "Yes, I concur, or this is incorrect virtually it, or whatnot." Then information technology will be put out.

The terminal ane that was put out regarding service animals was probably in 2004, and then it's been a while, and so hopefully this will give united states some guidance and address those bug.

Rich: All right, so I mean everybody in this room obviously is still having the same thought. Our heart goes out to Melinda with her ball python [laughter]. Who doesn't want to put their python on a ternion and accept it downwards to the python park, all the emotional adept that [laughter]. That was a really funny instance. Actually, I really liked all the animations of the slides. Did you lot put that together yourself?

Carl: No. I take 3 children. My oldest boy in high school, I tasked him with animating things for me and picking out pictures, so that'south why we ended up with our RHQ [laughter].

Rich: Got yous! It sounds like legislators are not going to take an anti-puppy and anti-kitten stand up on things, so we're not going to become whatsoever help there, just it sounds like at that place might be positive news with that last, the HUD thing that you had mentioned, correct?

Carl: Correct.

Rich: Where we're kind of crossing our fingers about that. We're going to open up it up to questions, but I will just say I'm going to make an official announcement. If I ever run for function, similar if my morality is just confiscated from me and that all of a sudden becomes a plausible thing to exercise, I will run on the anti-kitten platform and I will make certain that we accept laws about this stuff. Who has questions for Attorney Lindley? All right. Don't take it too personally. I'm going to go to Jane considering she's closer.

Jane: Our condo clan of 12 units has in their bylaw "no dogs." Is that legal?

Carl: No.

Audience: [laughter]

Carl: Condo associations, the other thing that I will say about condo associations is then many of their bylaws were done in the '80s and perchance even a petty before then, and they were washed 30-something odd years and never touched. Concluding year, I had a condo association example in which I had an elderly woman, who was a minority who worked her whole life, buy one condo unit in Springfield, Massachusetts. One condo unit. She'south worked her whole life, probably paid less than $50,000 for this: 1-chamber condo unit of measurement.

Her neighbor says, "I got somebody who's coming up and they need a identify to stay." At this big condo complex, at that place was another unit that was for rent, and she says, "You know what, I'll become rent that out unit of measurement. Sure, I'll hire this out. This will be skillful for them, and I can use that other unit." She does.

Then what happens? They move in the kids, iii kids in a one-bedroom flat for now and they had a rule that said, "For ane-bedroom apartments, no more than than three people or whatever; for two-bedrooms, no more than five, whatever it is." She gets the nasty alphabetic character from the condo board, "Love Susie Smith, There's more tenants living at that place than the condo rules allow." Goodness gracious! She sends off her own notice, "You got to get rid of these kids. They're not on the charter." Sends off the observe to quit, and sure enough she gets sued for discrimination.

Fifty-fifty though it was in the condo rules and the condo regs, it doesn't matter. The individual possessor was liable for their actions, taking actions against families with children. The condo association was liable, and then yes, you tin imagine that scenario of now I got a person of not a lot of means who'due south worked their whole lives for this and is at retirement and now I've got some chaser coming in and saying, "Hey, Miss, y'all're discriminating against these people. Information technology's a terrible situation."

[0:55:55]

We ended upwards getting the case settled, resolving information technology quickly and and then eventually evicting these folks for other reasons, but yeah, it'south terrible.

Rich: A question correct here.

Female Audience ane: I want you become to dorsum and explain the difference between emotional support animal and service animals because you started with service animals, which were really conspicuously defined –dogs, horses, you lot got a lot of hobbies and all that—then emotional support animals are basically any animal because it's a reasonable adaptation for a person with a disability. Is that?

Carl: Ding, ding, ding! You got it. Yes, the service brute is very defined under the ADA as to what it is. Now I will requite you a little caveat for that. Fifty-fifty though the ADA just describes it equally the canis familiaris or the minihorse, there are cases where I've heard of monkeys who will be used. But that animal has to be specifically trained to practise something for that disabled person, so the service monkey who I got a quadriplegic in the chair, that service monkey is trained to practise all of these things. The seeing-eye dog is trained to do certain things. The minihorse, I guess yous tin railroad train them as well to practise certain things. God bless them.

The emotional support creature isn't trained at all and information technology can be any kind of animal. I caution usa, when I use this in the training that I do for landlords as well where I say, "No snakes but yes to pit bulls." Information technology gives yous some thought that they're willing to draw the line somewhere but I don't know that even that statement is really true considering what if it was a ophidian that was a niggling tiny snake and I kept him just in the cage at all times, and that's all that he did. He was just kept in the muzzle, and I endure from depression, but having that pet and that responsibility that prompts me to get up and starting time my solar day every solar day, and so I feed him. But I don't feed him rats, but I feed him, I don't know, food, whatever, I feed him little snake nutrient thing and—

Rich: Y'all don't have to get upwardly every 24-hour interval to feed a snake. You simply have to get upward once a calendar month.

Carl: [laughter] Right. It really comes down to what is reasonable in the whole situation, and so it can be really whatever animal and without any training whatsoever.

Rich: And if you're having a existent problem, you can become the emotional back up snake to maybe eat somebody else'southward emotional support pet.

Audience: [laughter] [crosstalk 0:58:55]

Female Audience 1: Tin I follow upward on that? You said that yous tin inquire for information almost the disability in that case.

Rich: Tin can y'all just echo the question delight?

Carl: Yes. The question was, if you can enquire for information nearly the disability? In these cases, I call up you can just determine if they are disabled. When one time yous've made that decision that they're disabled, then you proceed to proving the next leg of things where you can first asking for more detailed data.

Sometimes the tenant will voluntarily provide it to you, so maybe if you haven't asked, maybe they'll ship yous notes and md'due south messages, etc. Merely where you lot can ask for specific documentation is if it's difficult to meet what the accommodation that they're requesting, how that alleviates the problem that you're having at the property.

Female person Audience 2: I think did information technology say that the inability for the companion animals or the service makes sense, right? But the second part with the comfort pets, what practice you call that?

Carl: Yes, the emotional support animal.

Female person Audition ii: Emotional support animals, they have to have just a inability that has i or more things that they can't do?

Carl: Right. Information technology limits their life function.

Female Audience 2: I forgot the wording, yes.

Carl: So that they tin engage in some activity and all you're going to get is a letter of the alphabet from the doctor that says that. Nosotros've gotten barraged lately with, "I want two." I don't know if you guys are getting a lot of those, "I desire two service dogs," or, "I want two dogs and a cat." Those were pushing back on, to be honest for the regular dog stuff, those are the hard fights to win, but for the two dogs or two dogs and a true cat, nosotros're pushing that in asking for documentation. What is it that the two dogs do that the i domestic dog wouldn't practise?

[1:01:01]

Rich: I demand an emotional back up farm. Carl, tin can y'all hang around for a couple of minutes afterwards and reply folks' individual questions?

Carl: Absolutely.

Rich: That would be terrific. If anybody wants to know if it's discriminatory to give a discount for somebody who has an emotional support monkey because that sounds really absurd, feel free to ask Carl. I didn't interrupt this considering this was so well put together.

Audience: [applause]

[Terminate 1:01:44]

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