Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then
A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are being violated.
A: Your LL is violating your rights as a physically disabled individual, particularly with respect to having a live in aide. The LL is not able to dictate the terms of your arrangement with the aide, nor can the LL prevent the aide from seeking additional employment for personal support. Thanks for using Justia Ask a Lawyer, you really need to consult with a local attorney and have him review all your documentation. Don't rely on what you have been told here, we don't have all the facts. You need to consult a local Tenant's rights attorney right away.
A:
Based on the information you provided, it seems like you may have a case for housing discrimination and violation of your rights under the Fair Housing Act (FHA) and potentially the Americans with Disabilities Act (ADA). Here are a few points to consider:
1. Emotional Support Animals (ESAs): Under the FHA, housing providers must make reasonable accommodations for individuals with disabilities, including allowing ESAs in housing that otherwise prohibits pets. They cannot charge extra fees or deposits for ESAs.
2. Verbal agreements: While verbal agreements can be binding, they are harder to prove than written agreements. It's best to get any agreements related to your ESA in writing.
3. Live-in attendants: If your son is moving in to assist you due to your disability, he may be considered a live-in aide. Live-in aides are not considered tenants and should not be subject to the same screening criteria as tenants.
4. Harassment and discrimination: If you feel that the property management is harassing you or discriminating against you due to your disability, you may have a case under the FHA and ADA.
Here are some steps you can take:
1. Document everything: Keep a record of all communications with the property management, including dates, times, and what was discussed.
2. Request accommodations in writing: Put your request for your ESA and live-in aide in writing and submit it to the property management.
3. Contact fair housing organizations: Reach out to local fair housing organizations or disability rights groups for advice and support.
4. File a complaint: If the issue is not resolved, you can file a complaint with the Department of Housing and Urban Development (HUD) or the California Department of Fair Employment and Housing (DFEH).
Remember, this is general advice based on the information provided. It's best to consult with a local attorney specializing in housing law and disability rights for personalized legal guidance.
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