Re: request for reasonable accommodation was denied/ comments

[Guest guest]

I live in HUD/Section 8 housing. There are no units with more than two bedrooms.It is for adults, not families, and is for the disabled (not seniors) and seniors, disabledor not. One cat is allowed, for a fee, and a certified service dog is allowed, if no morethan 23" high at the shoulder. A fee is always charged, even for a service dog.Family HUD housing has very different rules. Where I live, older children who canobey rules, understand the need to accomodate others, and who can assist in the care of their parents are allowed as a special consideration.How many people are their in your family, what ages, and what size is the dog?I would urge you to apply to a different facility where so many requests for waiversdo not have to be made.

Height and weight of the person or of the dog?Best I can do, Donna.Love to you, with highest hopes,nTo: mserslife Sent: Wed, December 1, 2010 2:39:32 PMSubject: request for reasonable accommodation was denied

Maybe I worded my request wrong; but, the housing specialist that I consulted with said that my request was the best written one that she had ever seen. Without attaching the entire letter, I am including excerpts from the letter that I wrote to our housing director.

First of all, a service dog is not a pet. In fact, it is classified as "durable medical equipment". This is not something that I put in my letter to him. I just am feeling really frustrated with this process.

This is what I started with:

I have a disability as defined by the fair housing laws. I want to use an assistance dog to help me with the functional limitations related to my disability. An assistance dog would help give me more access to the community and allow me to live more independently in my dwelling.

As an accommodation for my disability, I am requesting that you:

Waive your “no-dog†policy

Waive weight/height restrictions

Waive animal/pet deposits or fees

Seems pretty straight forward to me. We live in family housing and according to what the housing director wrote to me in his reply, HUD does not allow dogs in family housing. I'm thinking to myself why is he questioning this? Of course, I have not been able to confirm or deny that HUD does not allow dogs in family housing. But, that's not really the point. I know that dogs aren't allowed here so that's why I'm asking to have the no-dog policy to be waived.

Now, he did bring up Trinal Manor which is housing for seniors and disabled; but, the largest size unit they have there is a 2 bedroom and I need a 3 bedroom. Basically, he implies that it's too bad that I can't live there because then I would be able to have a dog.

Here's the thing with Trinal Manor, and most senior and disabled apartments in town: dogs are allowed, but, they have height/weight restrictions in place. That is why I asked to have height/weight rules waived.

Since service dogs or assistance dogs, or any other name they are known as are not considered pets, then there should be no pet deposit charged.

I just don't understand how much plainer I could have made this request.

Along with the letter I wrote, I sent a letter from my Independent Living Specialist. She's the one who helped with the disability application process. So, she was able to verify that I do meet the definition of disability as defined in the fair housing laws.

So, what did I do wrong? I really don't know. The housing specialist thinks we should file a complaint with HUD. She says that so many of these housing directors have a way of misinterpreting the HUD rules or interpreting the rules in a way that benefits them. My independent living specialist thinks the housing director is confused and that we should at least meet with him since he seems interested in meeting. But, he's asking for more information and I just don't think he's entitled to know what my disabilities are.

Do any of you have any ideas?

Donna in WA