Discrimination and Denied My Civil Rights!

12/4/2014

Service dog

I am Chloe and I have an important job!

What would you do if you lost your civil rights?

AAAAA Management Company,

To Whom It May Concern:

CC:  Memo of December 2, 2014

Occupants received a notice on our doors Dec 2nd 2014. Included is a section concerning dogs and their acceptable walking areas?  It states we are NOT ALLOWED to walk our dogs or let them urinate or defecate in any areas accessible to the rest of the tenants. We will be written up if they do so. We must leave the building and curb our dogs on the street to obey the notice, even though there are appropriate areas on the grounds for them to relieve themselves.  Of course tenants should be given warnings if they do not pick up after their dogs.

My service dog and I are allowed equal access under Unrah Act, ADA, and Fair Housing. If I am not allowed access, it means that I am being discriminated against under all three rules that protect people with disabilities and the use of a service dog.

  • The closest exit is the lobby door. When I am unable to walk due to multiple disabilities and getting my service dog outside the lobby door is most accessible.
  • When in serious pain or illness, I am in PJ’s and because of this memo; I would be exposed to public view and thus be humiliated. I comply with going out the front of building when I feel healthy and safe.
  • I have lived in HUD housing for 8 years give or take. The letter states that past managers and management did not allow dogs around the property. TTTTT management and all managers have allowed me the enjoyment of the property with my service dog by my side whether for enjoyment or if I needed to get to closest exit for my service dog.
  • After signs, NO PETS had been put up I was still able to enjoy the back sitting area’s on the bench’s, because my service dog is not a pet. No pets are allowed in rec room and, yet I am allowed with my service dog. What is the difference between sitting in the back of building 1 and the rec room?
  • If I couldn’t walk for one day due to my disability, management accommodated me by letting my service dog out quickly in the courtyard so that my service dog could go potty.
  • This means all other tenants can go in back of building 1 and I cannot with my service dog.

I am grateful for where I live and do everything I can to follow rules.

The following:

                                          ADA AND UNRUH ACT

The Unruh Act was made up to protect our civil rights by limiting discrimination due to age, color, sex or being disabled. Access in areas of public places, education, employment, public transportation, housing and much more.  The ADA is defined as The Americans with Disabilities Act (ADA) and gives federal civil rights protection to individuals with disabilities similar to those provided to individuals based on race, color, sex, national origin, age, and religion.  It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, housing and state and local government services and telecommunications.

FEDERAL LAW

The ADA prohibits discrimination against disable people.

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of anyplace of public accommodation by any person who own… or operates a place of public accommodation.

(42 U.S.C. 12182 (a).)

aHUD No. 13-060A
Shantae Goodloe
(202) 708-0685
FOR RELEASE
Tuesday
April 30, 2013

HUD ISSUES NOTICE ON ASSISTANCE ANIMALS AND REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today issued a Notice reaffirming that housing providers must provide reasonable accommodations to persons with disabilities who require assistance animals.  The “Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs” discusses how the Fair Housing Act and the Americans with Disabilities Act (ADA) intersect regarding the use of service or assistance animals by persons with disabilities.

The Fair Housing Act prohibits landlords from discriminating based on disability, race, color, national origin, religion, sex, and familial status. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and state and local government activities.  Both laws contain provisions which address the use of service or assistance animals by people with disabilities.  While the Fair Housing Act covers nearly all types of housing, some types of housing, such as public housing, are covered by both laws.

“The vital importance of assistance animals in reducing barriers, promoting independence, and improving the quality of life for people with disabilities should not be underestimated, particularly in the home,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.  “Disability-related complaints, including those that involve assistance animals, are the most common discrimination complaint we receive. This notice will help housing providers better understand and meet their obligation to grant reasonable accommodations to people with disabilities that require assistance animals to fully use and enjoy their housing.”

HUD’s new notice explains housing providers’ obligations under the Fair Housing Act, including the requirement to provide reasonable accommodations to people with disabilities who require assistance animals.  Pet restrictions cannot be used to deny or limit housing to people with disabilities who require the use of an assistance animal because of their disability.  Housing providers must grant reasonable accommodations in such instances, in accordance with the law.    The guidance also describes the Department of Justice’s revised definition of “service animal” under the ADA, as well as housing providers’ obligations when multiple nondiscrimination laws apply.

The Americans with Disabilities Act requires equal access for people with disabilities using trained service dogs in public accommodations and government facilities.  Under the Fair Housing Act, housing providers have a further obligation to accommodate people with disabilities who, because of their disability, require trained service dogs or other types of assistance animals to perform tasks, provide emotional support, or alleviate the effects of their disabilities.

HUD’s and the Department of Justice’s Joint Statement on Reasonable Accommodations provides additional information regarding housing providers’ obligations to provide reasonable accommodations.  The Department of Justice has also published a fact sheet on service animals and the ADA.

Click here to read HUD’s new notice.

Persons who believe they have been denied a reasonable accommodation request may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod touch.

###

HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the
need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build
inclusive and sustainable communities free from discrimination; and transform the way HUD does business.
More information about HUD and its programs is available on the Internet at
www.hud.gov and
http://espanol.hud.gov. You can also follow HUD on twitter @HUDgov, on facebook at
www.facebook.com/HUD, or sign up for news alerts on HUD’s News Listserv.

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I look forward to working this matter out.

Thank you,

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2 Responses to “Discrimination and Denied My Civil Rights!”

  1. Scott Smith Says:

    Very impressive Kim, You certainly know all the rules & regs. Thanks for sharing you are now my attorney on these matters Scotty

  2. hiddendisabilities Says:

    Thank you for your support Scotty. I haven’t heard a word and it isn’t fair for the AAAAA, property management to blow me off. I have had to rebuild my life after losing so much from my health. Faith over fear. Lets hope this resolves smoothly.

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