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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?
My daughter got an emotional support animal before she went to college.
She graduated from high school in the middle of the pandemic, and she wasn't sure she'd be able to make it through college, but she found out that if she had an emotional support animal, she could have it with her in the dorm.
She spoke to her doctor, got the forms, and we found a guinea pig at a shelter.
Normally a guinea pig needs other guinea pigs around to be healthy and safe. Her guinea pig was surrendered from a home that had 30 guinea pigs and he was severely abused by his siblings. His ears were torn, and he's got scars on his belly. He didn't tolerate the presence of other guinea pigs.
There was a day before she left for college when my daughter was depressed and just spending all day in bed. I pointed out to her that she was responsible for the guinea pig. She could be depressed, and unmotivated, but she had to clean his pen every day, feed him, and take care of him.
It worked. She graduated in January. He's her emotional support animal, and she's his emotional support human. She's his herd, so she has to keep him company. Obviously, there's more going on there, but I'm just taking about the emotional support animal.
He's actually gotten better too. He still doesn't live with other guinea pigs, but he doesn't run away if he hears them anymore.
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.
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.
Edit: To be clear, they're allowed to have a rule that says no pets allowed, but they're required to make an accommodation for people whose disability requires them to have an emotional support animal. However, they're not required to tell you that they're required to make the accommodation.
Damn. Awesome, but damn..
Brownie is already like everyone's unofficial support animal around here, at least the people Brownie knows anyways. Brownie is a rescue, some lousy ass sack of shit of a human dropped him off at our city park almost 2 years ago. ☹️
Brownie has his forever home now with my roommate...