No I’m not asking for legal advice, I’m more asking like where to start and what benefits it might offer my roommate.

Brownie is an awesome friendly dog, and I think he deserves the badge of emotional support animal. Question is, where to start?

  • LemmyKnowsBest@lemmy.world
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    2 hours ago

    The only legal benefit to having an emotional support animal that I’m aware of in the U.S. is you can’t be denied housing.

    Wow, really? I’m not doubting what you say is probably true because you said it was such confidence, but I would imagine the opposite would be true. I’ve seen homeless people with dogs who couldn’t go into homeless shelters because homeless shelters don’t allow pets. And of course we all know there are lots of apartments and hotels that say “no pets allowed.”

    So, hmmm.

    • NABDad@lemmy.world
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      1 hour ago

      It’s 42 U.S.C. § 3604

      Apartments would be included, hotels probably not.

      As I understand it, it’s the “B” part of this:

      (3)For purposes of this subsection, discrimination includes—

      (A)a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.[2]

      (B)a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

      Allowing a emotional support animal is seen as a reasonable accommodation.

      Hotels and motels, if they offer long term housing would be included, but short term housing would not be. Apparently courts have ruled that it applies to homeless shelters. However, the people running them can require documentation, and it is probably difficult for a homeless person to get paperwork from a doctor to prove that they need the accommodation of an emotional support animal.

      This is different from a service dog, where the animal is more or less considered part of the person, so denying the animal access is the same as denying the person access due to their disability, and that will incur the wrath of the ADA.