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I need immediate help. I live in an RV Park in Loomis CA. I…

I need immediate help...

I need immediate help. I live in an RV Park in Loomis CA. I am not allowed to stay sumply because my dog weighs toi much for the park rules. I have been here since January and wvery three weeks they make me mive out then come back after a week. They say dogs iver 20 lbs cannot have permamnent residence at the park. The dog is fine noissues at all she is very quiet. Much quieter than many other dofs at the park she basicalkybis always inside with me or on a leash with me to go potty and we are immaculate meaning 100 % of the time I pick up after her and always have. She is beautifully trained and super friendly. She is a companion animal to my son who has a mood disorder. She is an 8 yr old female Bernese Mointain Dog oure bred and papered. Sheis never left alone ever. She goes with us whenever we leave the trailer.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

So the problemis that even though the doctor wants her to be part of my sons therapy for his mood disorder, I am discriminated upon because she is iver 20 lbs. I have to mive on a one day notice. I have no where else to go. The disruption is devastating to both me and my son to have to move and now we are not allowed even to stay a 3 week stint because they say itnis lime being here full time. I feel this is unlawful discrimination. I have paid my rent but they even wanted me out before the rent period was up. I am super nice accommodating and they have no problem they say with me or the dog. It is just that the rules are they dont allow dogs over 20 lbs.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

What is my legal recourse?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thanks 1

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Customer reply replied 3 months ago
Loomis Ca
Customer reply replied 3 months ago
The mgr said they have no permanent spaces and we have twonight and tomorrow night before we have to move out because they have peoplenlined up to come in my space because it is not a permamnent space. They said they have no permamnent spaces and that is becauseni was never offered on because of the dogs weight. I just got a companion letter from my sons doctor yesterday.
Answered in 30 minutes by:
3/24/2018
Thelawman2
Thelawman2, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 2,182
Experience: Attorney-at-Law
Verified

Hello, my name is ***** ***** I will be helping you today.

A landlord cannot evict you and refuse access to a service dog because it is protected by the American with Disabilities Act.

If someone has a mental or physical disability that requires you to have either a Service Dog or an Emotional Support Animal, they have rights under Federal Law. A few of these rights include:

  • 1). Access to “no pets” policy housing
  • 2). Exemption from monthly pet fees
  • 3). Exemption from a higher pet deposit
  • 4). Exemption from breed or weight discrimination

As such, you should inform the manager that telling you to leave is a violation of federal law and if they try to evict you, you will bring a lawsuit against them in federal court for discrimination.

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Customer reply replied 3 months ago
Would this be true even if i am staying in a space that is not a full time space at the trailer park? It gets compljcated because they places me in a space that is temporary for three weeks. But they accepted me for the temporary spot and ha enet offered a long term space because of my dogs weight. I was told a bout 4 weeks ago there was a permamnent spot but my dogs weight was thenissue and they dont allow dogs over 20 lbs. So the temporary space thing is what i am wondering of they can still kick me out plainly for the fact that the temporary space they sat has been reserved for a new iincomi ng renter. Thanks

No, whether or not it is a temporary space is irrelevant. The ADA prevent discrimination and protects the right for any tenant being able to keep emotional support animals.

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I hope this has been helpful. Is so, please provide a positive rating so I get credit for helping you today. 5 stars would be greatly appreciated!

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Customer reply replied 3 months ago
But at this moment they are saying i have to leave because i am in a space that is a temporary space and they have it booked. So before it was that my dog was too big for a permanent space, now they are sayi g because .y space is a temporary one that they are asking me to leave because of that. It changes with the wind i guess. But i do know i am in a three wekk limited space because when i first got here that was all they had availavble. So when there was a long term space, they said the dog was too big. Now they are saying there is no ling term space and i am in a temporary three week space but i havent even been here three weeks. I came back in on the 17th and they said the day before yesterday i have to move out. They gave me one day notice. I had two doctor appointments yesterday for my son. I could not mo e it was impossible and i work graveyard for a teen hime as a youth counselor and my son also has narcolepsy II so he is disabled and has severe ADHD this is all very unsrtable for both of us and emotionalky upsetting not to mention the fact there is no where for us to go. He sleeps 15 hrs a day and is the only person that can help me move. I have checked everywhere for spaces. No availability. Therenis a new park opening that takes larger dogs and i will move there when they open butit isnt ready to open yet till may 1st. Thanks

So you could potentially take them to court if you believe they are kicking you out and not giving you a permanent space because of your dog. You would need to demonstrate that the reasons they are giving are fake and in fact they are discriminating against you and your son because he needs to have a dog. You might want to reach out to a local discrimination lawyer in your area to help you with this; they might be willing to take the case on a contingent basis where they only charge you if you win in a lawsuit seeking damages for your discrimination claim.

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Customer reply replied 3 months ago
From whatisee is
1 they havent given me the three weeks they said i could have when I moved back in after being gone for a week because they say my dog is too big.
2. They did not offer me a permamnent space because the dog was too big. But at the time she was not designated a companion dog to them. We just got the letter yesterday from the doctor.
3 At this time even though i am in a temporary space they are kicking menout for no reason other than my dog is too big. So they are not even letting me stay the full three weeks i was offered as a condition of the short term rental space which is for three weeks. So i should have three weeks from the date of the 17th of March 2018. Otherwise it is discrimination against a service or companion / emotional support animal. Am i correct? I will pursue this do you have a recommendation for what type of lawyer to call in my area of Loomis or Roseville or Sacramento CA? Thank you!!

It sounds like you would have a good argument that they are discriminating against you and your son. We are not permitted to recommend specific attorneys, but you could try searching avvo.com for a landlord/tenant lawyer or a disability lawyer in your area.

Thelawman2
Thelawman2, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 2,182
Experience: Attorney-at-Law
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Customer reply replied 3 months ago
Thank you very much.. 5 stars! How/ where do i rate you?
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