[seesaw]

So, I finally got fed up and decided to sue my HOA for discrimination. I'm on disability for major depression, PTSD, and panic disorder with agoraphobia. I have a service dog that performs tasks to help mitigate my symptoms so I can go out and live (or try to live) a normal life. Recently I had to get another service dog to help with mobility issues caused by my medications (first service dog isn't big enough) and also to help the other service dog, who is getting older and having trouble being on point 24/7.

Okay, so let me make something clear for those that don't know anything about service dogs: it is absolutely legal for you to have two, the Americans with Disabilities Act and Fair Housing Act do not limit the number of service dogs you can have. Also, based on these laws, you cannot evict or refuse someone housing because of the size or breed of their service dog (there are a couple of special cases having to do with liability insurance but they are few and far between).

So, I'll summarize why I'm suing. When I first moved in, I gave them all of Astro's paperwork. Letters from my doctors saying I need a service dog and a letter from our professional dog trainer who certified that he is a task-trained service dog. I had already been given a second letter from my doctors to get another service dog (in training) and also allowing the 2nd dog as an emotional support animal. I gave that documentation to the Home Owner's Association before I brought YaYa home.

Even though the law is clearly (and I mean crystal clearly) on my side, the HOA board president told my landlord not to rent to me because of my service dogs (clear violation of the ADA and FHA), she has followed me around when I'm walking one of my dogs, and she denied me a resident interview that is required of all tenants and residents because they want to wait to hear from their attorney about my service dogs (again, clear discrimination--if they wouldn't do that to someone without a disability, then they can't do it to someone who has a disability.

Anyways, I don't want to argue law with anyone so please don't get into a law argument with me. I know the ADA and FHA inside and out (owning a service dog, I have to) and the HOA is in clear violation.

I reached the end of my rope when, even though they had 5 letters from my doctors stating, yes, I need a service dog, and yes, I need two, they wanted me to fill out a form that asked all the questions already provided in my letters. I was like, sigh, fine, okay, if this will get this done with, then I'll do it. Well I spilled water on the form, and my doctor and I discussed the form and he asked me just to get a clean copy of the form. So I ask the property manager for another copy and she says, oh you don't have to fill that out, the attorney is going to contact you. So what happens? I get a letter from the attorney asking me to fill out the exact same form!

And that's when I was done. I was trying to do exactly what they wanted but they wouldn't even give me the form that they wanted me to fill out anyways. And then they denied me a resident interview. The told me I wasn't a tenant there even though I had been paying utilities since January (this started in April). The board president discusses my case and disability with other residents, which is illegal because my documentation is supposed to be confidential. Then she outright discriminated by trying to get me denied as a tenant from my landlord when she asked him to not rent to me because of my service dogs.

So I'm in it for the long haul. I am not normally litigious, but I can't describe what it feels like to not be able to enjoy your own home because you're afraid someone is going to be following you every time you go to walk your dog. Or feeling like I have to explain to every person who comes up to pet my dog why my dogs are bigger than the HOA's rules allow. I shouldn't have to broadcast my personal information.

So I'll be posting regular updates on my case here. Thank you all for your ongoing support as I go through this trial and tribulation.

Seesaw

[healingme4me]

((((Seesaw)))) good for you, for standing up for your rights. Lots of thoughts your way, through this time in your life.

[avlady]

i feel bad for your situation, you are disabled why don't they leave you alone!!some people have no compassion!

[Creamsickle]

I support you but understand that if others in the complex can't visibly see that you have a disability then they will want to know why you get to have a dog and they don't. It is only natural. You might say in a friendly response that your dog is needed to assist you with things that others don't need help with. More than that you can say is personal but letting your neighbors know that you need the dog for help should stop of the questions.

Sad you had to resort to litigation but it had to be done. Let us know how it goes.