#he’s also an ESA so technically she can’t deny me housing because of him : | Explore Tumblr Posts and Blogs

thatoddboy · 6 years

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i have ptsd and bipolar disorder and have 3 pets as ESAs. i can't exactly agree to this. my dog may cause trouble, but it's because he also has anxiety. i don't take him many places, but i can't say i don't need an esa with me. i'm too scared to speak up for any of them, even the two that are quiet and unproblematic (a conure and a ferret) because i worry that people think i'm faking, but everywhere i go without them, i shake uncontrollably and worry. i tried to stay out of state at a camp

pt. 2 and i couldnt do it. i literally took a plane back because i couldnt handle not having an animal as comfort. i think they are more important but all too often have their powers abused! i have considered getting a service dog for therapy, but its so very expensive...i know i need a therapy dog more than an ESA, but my dog comforts me when i have flashbacks or dissociate or have gender dysphoria or anxiety that my other pets arent ok.

I want to preface this by saying I sympathize with your situation. I’m sorry that you have to go through this and I’m very glad your animals can help you.

Now, technically speaking ESAs require no special training so any animal can be an ESA. What I was talking about in my post was more specially trained ESAs, ones that have been taught certain tasks to help with different disorders (deep pressure application for instance).

There are basic requirements, however, that are important. This is all according to the HUD, and you can find my source here.

There are only two questions that HUD says a housing provider should consider with a request for an assistance animal as a reasonable accommodation:

(1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?

(2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

(FHEO Notice: FHEO-2013-01 at page 2). A "no" answer to either of the questions means that a housing provider is not obligated to make a reasonable accommodation according to HUD. This may mean that the person does not meet the definition of disability or that the assistance animal does not help with symptoms of the disability. If the answer is "yes" to both, then HUD states the FHA requires an exception to a "no pets" rule. The emotional support animal must alleviate, or help, some symptom(s) of the disability.

THESE ARE LEGAL REQUIREMENTS because your animal’s status as an ESA is a legal issue as well as a therapeutic one.

Because ESAs have no training, they are not allowed in the same places as service animals. According to the Fair Housing Act, ESAs get exemption from pet policies. Some airlines will also allow you to have your animal on their planes, but to my knowledge this is not a right (anyone feel free to correct me here).

When you want to apply for housing and ask for exemptions for your animals, your landlord is allowed to ask for documentation of your disability if it is not apparent, and proof your animal helps you (that last part can vary and your landlord may not ask you for this). This is why you need to go to a doctor because otherwise your not going to have that documentation, and your request can be denied. For total clarity:

While a landlord or housing provider may ask for documentation of the disability-related need for the assistance animal, he or she may NOT ask for personal medical details. HUD states that a housing provider "may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person's physical or mental impairments." (FHEO Notice: FHEO-2013-01 at page 4).

In other words, what you’ll be asked to provide basically amounts to a letter from a medical professional saying you have a disability, what it is, and how your animals help you. No official documents, no records.

So, assuming you were to go through this process and get your exemption, which I personally think you could very well do in your specific case, that still does not allow you to take your animal into public places. Period. There is no wiggle room here at all - it is the law currently, plan and simple.

I sincerely hope that you don’t take this message as a personal attack. I mean only to educate not only you but the community at large.Again, I am so sorry that you experience such high levels of anxiety in your daily life. I can’t say I understand how difficult it must be as my own issues differ greatly from yours, but I do understand what it’s like for your mental illness to control you. It’s terrible and harrowing in ways most people cannot comprehend, and it’s fantastic that your animals are helping you. But that doesn’t change the fact that your untrained, anxious dog can make it more difficult for people with trained service dogs to move around in the world. I know that has to be hard to hear, but it’s the truth. I understand that you’re just trying to live your life comfortably, but what you seem to be suggesting in your message - that is, taking your animal(s) out in public - is a misuse of them.

#ESAs #emotional support animals #legal stuff #service animals #Anonymous

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