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Old Aug 12, 2015, 06:25 PM
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seesaw seesaw is offline
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Member Since: Apr 2014
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Update:

So the case has been assigned to a mediator and a separate investigator. The mediator will try to get us to reconcile while the investigator investigates the claim to see if there has been any discrimination.

I've been back and forth with the mediator a few times. I think the HOA and their attorneys are starting to realize they are out of line because last week I receive a proposal demanding that, for them to approve my dogs, they SIMPLY want a 10 minute interview to assess the skills of both of my dogs and a 3 minute phone call with my provider. It's not simple, as they put it, because those requests are not allowed by them under the Federal Fair Housing Act.

I denied that request stating that a) they aren't allowed those requests per the FHA and b) asking my dog to perform his skills out of context messes with his training and can screw up him performing them when he actually has to and c) my second dog is only an ESA, d) they never requested those things of other residents with ESAs.

I think they have wised up a bit and realized the position they are in because today they came back offering to approve my dogs before 5pm today (although they didn't contact me until 3:30pm, so that only left me an hour after talking to the mediator for 30 minutes). Their offer was that if I gave them information as to my what my disability is and what tasks my dogs perform, that they would approve the dogs. Now that might seem great, but they already know both of those answers per the letters from the doctor that I have given them. Furthermore, I gave them that information but the FHA doesn't even allow them to know that much. All they are allowed to know is if I have a disability and is the dog to alleviate symptoms of the disability. So even though it would be great to do this quickly, I can't with good conscience just give them this info because it means the next person is going to be expected to disclose their disability when by law they don't have to.

To answer jaynedough's question: when out in public, yes, my dogs are vested. One has a vest that says service dog and please don't pet me, I'm working. While the other's says service dog in training. They are perfectly legal to buy one off of Amazon, it just doesn't mean your dog is a service dog, lol. But we don't wear the vests when I'm just taking them for a walk, because on their twice daily walks, that's their time, to be off duty, to be dogs, to stop and sniff, to sniff other dogs, say hi to the neighbors, you know, just be dogs. Service dogs can't be on ALL the time. In fact, that's why I have 2, because my older one is slowing down and in a couple of years he won't be able to work round the clock like he does now.

Further update: My demands per settlement have been for required training and education in the ADA and FHA regarding disabilities and service dogs for the entire board, that the board president step down (as she has been the one committing the majority of the discrimination), that they replace the property manager, as her ignorance has resulted in discrimination against me, that they create a new form for a request for a reasonable accommodation of a service dog, since their current one primarily asks questions they aren't legally allowed to ask, and lastly, $300,000 in damages, based on what these cases normally settle for in court.

I know the damages is a pretty steep demand, but I had to start somewhere, and be serious about it, so I started where the last court case in Miami, Florida, settled. A woman in a similar situation as me was denied having her service dog by her HOA and they required an unreasonable amount of documentation, and the court found for her and awarded her $300,000 in damages. At the very least I'm demanding enough to move, cover my lease, which I will have to default on, with my current landlord, and cover the increased rent I will have to pay since I'll have to move into less affordable housing than I'm in now (cover the increase for two years). I'm thinking what I'll realistically come down to is around $40,000.

Sorry I have updated more regularly, hope y'all enjoy the drama of this update.

Oh, and moogieotter is organizing a parade of giant breed dogs for us to do around my HOA complex once my case ends so we can piss all the neighbors off. Bwahahahaaha.

Seesaw
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Thanks for this!
cakeladie, eeyorestail, jaynedough