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We have rented a office suite in an industrial or commercial

Customer Question
Hello! we have rented a...
Hello! we have rented a office suite in an industrial or commercial business park and have obtained an ESA letter so that i can bring my dog to the office we are renting and the landlords are trying to deny us that right
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: sure it is in California
JA: Has anything been filed or reported?
Customer: im sorry I'm not sure what you mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: oh i see, no that would be it. thank you
Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
5/12/2017
Lawyer: Barrister, Attorney replied 6 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,657
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What exactly is the landlord doing to prevent you from bringing your ESA to work?

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Do you have a "prescription" from a licensed medical care provider who treats you stating it is a medical necessity?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
thank you very much!What exactly is the landlord doing to prevent you from bringing your ESA to work?here is the email that the manager for the landlord sent me today...Prior to Premier Roofing moving in, upon Bob’s request to allow his dog to come to the property, I told him that we do not allow dogs. I was told after move in that it was a service dog. The documentation you provided us today is for an Emotional Support Animal, which under ADA guidelines does not qualify as a service animal, therefore does not qualify for a waiver of our policy. Please see attached on the ADA definition of a service animal. As per Paragraph 6 (Use) of your Lease, “Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premise any pet, animal, birds, fish or reptiles.”
I am sorry, however we are not able to grant your request to allow your Emotional Support Animal to come to the property.Do you have a "prescription" from a licensed medical care provider who treats you stating it is a medical necessity?Yes i have a letter from my medical professional with accurate formate and wording which I gave to the manager this morning even explaining the difference between what a service animal is versus emotional support animal which from what i have researched is covered under the housing act. her response to me was the email above
Customer reply replied 6 months ago
I attached two files the she sent in her email to me which really has no relation to our request
Lawyer: Barrister, Attorney replied 6 months ago

Ok, then they aren't actually preventing you from bringing the ESA to the rental, they are just saying they won't allow it.

.

But unfortunately the ADA and the Fair Housing Act only require exemptions for ESAs in a person's dwelling, not their place of business. So I have to agree with the landlord that ESAs aren't included under the protections that are afforded to SAs.

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So your recourse here is to call their bluff and see if they are willing to try to terminate your lease and evict you based on you bringing the ESA to work. SAs are not considered "pets" under federal law and the courts have been more liberal lately in protecting a tenants rights with ESAs as well. You can respond that your ESA is an assistive aid, much like a wheelchair or walker and is not considered a "pet" and you are prepared to contact the ACLU and file a federal discrimination lawsuit against them should the seek to take negative actions against you for exercising your legal rights to use your properly prescribed ESA.

.

.

thanks

Barrister

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Customer reply replied 6 months ago
I see,c) Housing
The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling.8Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA.9 In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit.10 This animal is not considered a pet.
A landlord or homeowner’s association may not ask a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request.11 They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability. It is important to keep in mind that the ADA may apply in the housing context as well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.”above is what I read under the ADA website which would make me think we do have the right however my question was is the a gray area where is says landlord can't deny ESA in any non housing property but can they deny in a commercial suite that we are renting from the landing? so instead of it being an apartment it is our own suite in a industrial area
Customer reply replied 6 months ago
another thing i read online... but again it saying housing so i'm not sure if there is a difference between that and a business suite rentalFederal Laws Granting the Right to Be Accompanied by an Emotional Support AnimalWhile the ADA governs the use of emotional support animals in public places, two other federal laws, the Air Carrier Access Act (ACAA) and Fair Housing Act (FHAct), govern the use of emotional service animals in housing or on commercial aircraft.
HousingUnder the Fair Housing Act, an individual with a disability may be entitled to keep an emotional support animal in housing facilities that otherwise do not allow pets. An emotional support animal—which can include animals other than dogs—must be permitted as a reasonable accommodation when an individual requires the animal in order to have an equal opportunity to use and enjoy the housing. The assistance the animal provides must relate to the individual’s disability.
Lawyer: Barrister, Attorney replied 6 months ago

All that applies to a residential housing situation, not a commercial tenant... But as I mentioned, the courts have been more willing to stretch that protection to ESAs as of late although I don't know any specific cases off the top of my head where it has been extended to a commercial tenant..

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However, this is the type of thing that the ACLU loves as they get the opportunity to litigate and set a new precedent if the judge agrees it is a "reasonable accommodation" and should be extended to a commercial tenancy. And the landlord isn't going to want to spend $20K on an attorney to fight something like this in federal court whereas the ACLU would represent you at no cost..

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But yes, typically commercial or business tenancies have different rules and requirements than residential ones..

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.

thanks

Barrister

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Customer reply replied 6 months ago
Thank you so much. What I have sent you before was a copy of landlords email. Can you please write me a response to her email that would state our position as far as our rights and the legal response referencing ACLU.
Lawyer: Barrister, Attorney replied 6 months ago

Unfortunately, I am not allowed to represent customers from the site or draft legal documents for them as that would be legal representation. I am also prohibited from recommending anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. You would be looking for a discrimination law or civil rights attorney to assist..

.

.

thanks

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,657
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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