My RIGHTS to keep my Hearing Dog....

Discussion in 'American with Disabilities Act' started by coloravalanche, Jan 20, 2006.

  1. Here is my situation about my hearing dog and the landlord.

    I live under HUD for 4 years. I have a hearing dog who lives with me for 4 years. Anyway, the landlord has been trying to get rid of my hearing dog for a long time.

    My landlord has been threatening me that there is dog odor in my place. Last fall, I had to go back to dog ears training to prove it to my landlord that my dog is a great hearing dog, so forth.

    Anyway, two weeks ago, when I was moping the floor, I accident spilled the bucket on the floor. It got stink so I put paper towels on the floor to let it dry.

    I was in a hurry and took my hearing dog to the Vet that day. While I was gone, I was not awared that the landlord sent someone enter my house and check it out. When I got home, I found a yellow note on my front door. It says that the man checked the alarm system. I puzzled. I knew it was against the law for them enter my house without letting me know.

    So, I received a letter from my landlord last week that the man saw the paper towels on the floor...he told her that my dog pee on the floor...it was NOT true! I explained to the landlord what happened and that I spilled the bucket on the floor, etc. Of course, she refused to believe me.

    She said I have 10 days to get rid of my hearing dog OR she will terminate my lease for 30 days! I told her that it was against the law for her to get rid of my hearing dog because I have my dog certificate! She said that she has authority to get rid of my hearing dog and she was told by the Dog Ears Training that she could do that. I called the Dog Ears Training and asked them if that was true if my landlord has authority to get rid of my dog. They said they NEVER said that to my landlord. They told my landlord many times that I have my rights to KEEP my hearing dog for no matter what. So, the landlord LIED!

    I contacted the "US Housing Dept" and reported it. The man will help me and straight it out with the landlord. Also, I reported to the "Fair Housing" and file complaint against my landlord. The lady from Fair Housing told me that the landlord or anyone ARE NOT allowed to go in my place WITHOUT notify or let me know.

    This morning, I went to Disability Law Office and file report. I am waiting to hear from a lawyer anytime and hopefully will meet with the lawyer soon.

    I cant believe that the landlord had the gut to sent the maintaince to spy my home without letting me know before he went in my place!!

    Please pray for me that everything will work out. I am going through stress right now because of this situation.

    :mad: :mad: :mad: :mad: :mad:
     
  2. Dennis

    Dennis New Member

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    Get some character witnesses who can back up what you say about your dog's care. That, and good luck, hope your lawyer will do some good.

    Also, be careful what you say here on AllDeaf about the lawsuit -- many lawyers these days are going around and looking on forums for things you may say (even if you never identified yourself, they have their ways) and use it against you in court.
     
  3. downing

    downing New Member

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    i agree.. good luck.
     
  4. rjr2006

    rjr2006 New Member

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    yes and they might even find out your IP then trace that to ISP in your location.

    Anyways, I wish you good luck! :hug:
     
  5. Banjo

    Banjo Expelled Premium Member

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    I imagine these evidences won't be accepted in a courtroom. It's the same thing with audio tapes.

    I doubt by using what a person said on the forum will be able to hold water in a courtroom because the identity isn't revealed even if the IP address matches the location she lives at.
     
  6. Flying Fingers

    Flying Fingers New Member

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    You are very correct in that your landlord (or anyone your landlord contracts to do repairs) must give you 24 hours notice before they can enter the premises.

    From what I understand, however, the landlord can enter at anytime if there is an emergency situation, such as broken water pipes, gas leak, fire.

    Fixing an alarm is not an emergency. Your rights were violated. Do not let this landlord get the best of you. Good luck and keep us informed if you can.
     
  7. Endymion

    Endymion New Member

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    Coloravalanche,

    I commend you on knowing your rights. Great job! :)
     
  8. Dennis

    Dennis New Member

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    That's incorrect, Banjo.

    http://www.internetcases.com/archives/2005/04/case_gives_good.html

    This is just one example of something you post anywhere on the web coming back to be used against you. The web is not like using a tape recorder -- it's like going outside your house and shouting what you say for everyone to hear.

    After all, AllDeaf is publicly accessible to the entire world wide web, and what you say you are effectively approving for the entire world to hear, and you're recording it for the world to see. That's why I have to be careful about what I say -- my company can see what I say and use it against me, even though what I say is on my own time outside of work hours.
     
  9. Banjo

    Banjo Expelled Premium Member

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    Not so fast, so far... you haven't proven me wrong. You're talking about weblogs, not forums. Two different concepts.

    Alldeaf is not a weblog. It's a forum. People has gotten fired for what they said on their weblogs, but at a forum?

    An internet forum is not the same as a weblog. Many people don't fully identify themselves like they would on a weblog. There's also another flaw in using such an argument. Anybody can pretend to be me if they wanted to be. That's why it should be in the same category as tape recorders... because they can be easily manipulated. Actually, being an imposter on the Internet is even easier in comparison to using a tape recorder because they can get access to photo profiles and their details then use them to their advantages.

    Heck, one could write down a detailed plan of how I plan to do something nasty and then commit the crime. That's a good way of framing someone. It's very easy to do such a thing.

    It's a flawed argument, period.
     
  10. Angel

    Angel ♥"Concrete Angel"♥ Premium Member

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    Actually this member didn't give out too much information as who the landlord is, and where the apartment is at that she is living in, so I highly doubt this will backfire at her during court....

    Beside, a member has a right to vent, and get information that may help her case.....


    Back to the topic, You're right , the landlord should let you know if anyone enter your apartment afterall you're paying rent there, they can just simple walk in without letting you know....

    Another thing is, I'm not sure how the law covers for allowing a pet to live in an apartment, but my question is, how is the dog helping you? ...
     
  11. Reba

    Reba Retired Terp Premium Member

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  12. pek1

    pek1 New Member

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    coloravalanche,

    First, let me tell you that I also have a hearing dog. Unlike you, I don't tell people she is "certified" as it is NOT required under The Americans With Disabilities Act of 1990. To state such is ignorant. There are training schools that do this, and if they have it their way, all service dogs to be "certifed" through their program only and not allow those of us who train our own service animals. It's like saying that someone has to say, "Okay, you have a hearing loss. I can be your friend, so long as you don't talk funny or use asl." Now, if, what I just said offended you, then you know where I'm coming from. Get off this deal of, "Well, my dog is certified..." because there is no such thing. Never has been, never will be. As for the dog being evicted, tongue-in-cheek, as the landlord how much money she's got, because she is staring in the face umpteen dollars in fines for violating a Federal law.

    Secondly, your hearing dog is NOT a pet, it is a service/hearing dog. However, any damages are your responsibility, as rightly it should be. Being a service dog, he/she should be with you most of the time. I say most because she does not accompany me into the shower at home, or in the swimming pool (stays nearby), sauna or jacuzzi, neither is she between the sheets IN my bed, but she can be on top of the bed. She is not always there, as she has her own bed nearby the door.

    Third, as for the smell, how often do you give the dog a bath? I average every six weeks for Snickers and have NEVER received a complaint about her on anything. People often come up to me, and complement on a very well-behaved and trained dog, including at least one lady who borders dogs for her livelihood. Snickers has been at her place many times and has absolutely no problems with other dogs.

    Fourth, I've even been told that my dog behaves better than most kids do in particular businesses...including restaurants. She lays down at my feet in class, just as she is right now and doesn't (generally speaking) have accidents in public or in the house. She has, in the past, done that, but, being well-minded of the needs of my dog, doesn't do that much anymore.

    Fifth, do keep us informed here. Those of us with service animals (not always dogs are used) need to keep abreast as to what's going on and we just can't keep up if we're not informed.
     
  13. pek1

    pek1 New Member

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    By the way, I don't do "litmus tests" or demonstrate Snickers abilities to prove to others. If I have to do that, there's a lawsuit beginning to brew and I won't hesitate to do it. This is not required (the testing) under the ADA.

    And yes, you may quote me. :thumb:
     
  14. Dennis

    Dennis New Member

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    How did you come to any interpretation that a blog is any different from a discussion forum, for the purposes of PROVING THAT YOU SAID SOMETHING?

    Absolutely. People get fired for comments they make ANYWHERE online.

    http://www.allianceibm.org/EITReinstatementStory.htm

    This is ONE EXAMPLE of a person getting fired for his comments about a company on an internet forum. The only reason he still had a job was because a court determined he was making those comments in the interest of his union, which protects him from anything that employer can do to him. After reading the article, I can't see how his comments were construed as union activity, but regardless, that is a narrow protection and coloravalanche is not protected by a union.

    Not "fully" identifying oneself is not a protection against prosecution. It just makes it harder to prove, but not impossible. And if you post in ways that leave little doubt as to who is the poster, then proving it was you who posted should be fairly easy to establish.

    You seem to think that identify theft and attempting to frame someone for this kind of situation would be easy. It's not. There are IP address logs, ISP logs, computer temp file logs, and history logs. There is a huge electronic trail that leads straight to your front door.

    It's not a flawed argument. It's a difficult argument to prove, but as you can see, from my two examples, if you say something online, you need to be prepared to accept the consequences. If I spoke negatively against my company anywhere online, and someone just happens to put 2 and 2 together, I could be out of a job. The whole world is watching the internet -- why put your job or lawsuit at risk?


    coloravalanche gave some information that may help the landlord with their case. The landlord's lawyers can also come onto AllDeaf and pull more information out of coloravalanche -- after all, coloravalanche wouldn't suspect them to use AllDeaf, right? All it takes is for alldeaf to show up in a google search and coloravalanche to say the wrong thing and the whole lawsuit is lost. I'd rather see a win in this lawsuit than to have someone learn the hard way how it can be lost.

    Venting is nice. In this lawsuit filled world, venting can be dangerous when it involves courts and sleazy lawyers.


    Anyway, coloravalanche, good luck, get that lawyer soon, and keep your home!
     
  15. Nesmuth

    Nesmuth New Member

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    I've seen recent lease agreements that have been drawn up to contain clauses that permits the management and their representatives to enter homes for specific reasons without advance notification like to make emergency repairs, inspect critical safety devices, etc.

    Check the lease agreement to see if such a clause exists.

    And Dennis, I've seen my ex wife's attorney get disbarred for posting nasty things about me on deaf-l mailing list almost 3 years ago. It matters what you post, not where you post it.

    Richard
     
  16. Dennis

    Dennis New Member

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    Well, then, there you go. Three examples, though I'd like to see proof of that posting leading to disbarrment.
     
  17. Cheri

    Cheri Prayers for my dad. Premium Member

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    I'm proud of you for standing up for your rights! Some landlords can be scum I have one of them, who is lazy to repair some requirements in my home, and he is one of those landlord that enter my home without my permission a few times. I only allowing the landlord to enter my home if there an emergency otherwise not for non-emergency.

    One thing I wanted to ask you, Is that an assistance dog? If so, then landlord cannot get rid of your dog because ADA law says so. :thumb: I remember at the post office there a sign about allowing certain pets, such as assistance pets
    ONLY. ;)


    Good luck girl, Hope things go your way! :applause:
     
  18. pek1

    pek1 New Member

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    Cheri,

    Assistance animals are not pets.
     
  19. GalaxyAngel

    GalaxyAngel New Member

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    Colordoadvance,

    *wonder* how's your case goes so far?
    Dont' worry about them think not right for you posting..
    which you have good reason.. because you did right thing didn't release where r u living at and extactly place and also landlord name.. Zero zip.. you did good ..
    Actually made me curiouis about your rights..
    Love to hear your story.. :D
     
  20. Cheri

    Cheri Prayers for my dad. Premium Member

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    Post office sign reads as 'allow assistance pets only'. Thank-you, Take your complain to the post office. I'm only telling what it says. ;)
     

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