It just happened – an apartment complex has sent eviction paperwork to me because of the companion dog I keep to help me with Aspergers.
Lucky, my companion dog
Background
I sublease through a mental health service provider an apartment in Concord Place Apartments in Kalamazoo, MI. Before moving to this apartment I subleased from the service provider a more expensive apartment in a neighboring complex (but owned by the same property management company). Last February I got a companion dog, Lucky which I adopted from the pound after getting proper paperwork from my doctor. Lucky helps me cope with the depression and loneliness of Aspergers Syndrome, by forcing me to go out and about and enjoy the outside world.
The Laws
I have created a section in the resources page for laws and legal precedence regarding companion/emotional support dogs for those with Autism, due to the fact this is going to happen in the future – and there is a long list of laws and court cases that will support your cause.
The Eviction
Eviction Notice - Click to Enlarge
When I got home from my fiance’s Wednesday my eviction notice (note: Beacon Specialized Living is who I sublease through) was waiting for me in the mail. It clearly stated that the reason I was being evicted was because ‘Resident agrees that neither Resident, nor occupants listed in paragraph 5, nor guests thereof, will keep or permit to be kept any domestic or wild animal or pet in, on or about the premises.
After I read this I was furious, my dog paperwork was already handled and accepted I had been told by Concord Place Apartments in September of 2008, and they are giving me less than 30 days of notice that I have to be out of my apartment by.
As I had trouble sleeping for obvious reasons I emailed other Autistic Bloggers and Advocates for ideas on how to handle this, and I was amazed by the support.
The Fight
The next morning first thing I called my case manager who started calling the mental health program I sublease through as well as the apartment complex that I am in. I also started looking at legal precedents and laws regarding this situation.
Then I ate some Cheetos and took a nap as I have been up all night – and everyone knows wars are best won when well rested and a stomach is full of Cheetos.
Wise Man Gene Hackman
I then awoke from a phone call from the mental health program I rent through – telling me the local media was calling them inquiring into this story, which I replied “I didn’t know that but I had contacted some friends for support in this situation.” She replied that she thinks that I was taking the situation out of scope and that’s its because they don’t have paperwork for me to have a dog (which I knew they did) [paraphrased] I replied and borrowed some wise words from a wise man known as Gene Hackman in the movie Crimson Tide “You don’t put on a condom unless your willing to fuck” and that they put on the condom sending an eviction notice.
After checking my email I found out that Autistic Journalist and Advocate Ken Reibe had contacted someone at a local TV station, as well as contacted the apartment complex itself seeking their comment.
I just spoke with a manager at Concord Place Apartments. He said Beacon needs to fill out a new set of forms, and then have it signed off by a doctor. The old forms apparently aren’t good enough for the new manager.
He said Concord has been back and forth with Beacon “for a month” about getting the right paperwork. [it was actually just 3 days - how that equals a month I don't know]
I told the manager that the local TV station was on the case, and that it has attracted the attention of the Autistic Self Advocacy Network in Washington, DC.
The manager’s response: “Oh Christ.”
A few minutes later Ket sent me the following email:
Concord Apts. called me two mins. ago. They went through your file and found a letter from your doctor!
“We’d like to have the proper forms filled out, but obviously if we have a letter from a doctor that should suffice,” I was told.
Wait a second – isnt this entire thing because I did not have the medical paperwork…. seems like some back pedaling to me. My guess is this is a cheap shot by Concord Place’s manager to knowingly not follow the law, and attack the small man thinking it would be an easy victory for him. He found out he was wrong – thats my guess.
Where We Are At Right Now:
Right now I am still operating under the assumption I’m being evicted – until I receive written proof I’m not. I have been told that its no longer an issue and we are getting Concord the paperwork they want – just in case they want to pull a fast one on me. Concord Place however is requesting me to fill out a leasing application for a criminal background check. I find this fishy.
Seeing as I’m already in the apartment why would they want to run a background check on me, and why would they want me to fill out a leasing application? Should I? They are demanding it be filled out by noon today – however I’m going to tell them as of right now I’m going to discuss with my case manager the possibility of retaining legal counsel as this seems a bit too fishy for me and the fact that they alright have attempted discrimination because of disability according to the Fair Housing Act.
Thank you:
I would like to thank:
- Journalist and Autism Advocate Ken Reibel for contacting the local media and requesting comment from Concord Place Apartments
- Ari from the Autism Self Advocacy Network for helping craft the message to Concord and the local media
- Investigative Reporter Tim Ragones from WWMT
- Autistic Self Advocate Amanda Baggs for her lengthy email and interpretation regarding the ADA
- My fiance who provided some emotional support
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{ 3 comments… read them below or add one }
I love you and i will be here for you no matter what!
“Wait a second – isnt this entire thing because I did not have the medical paperwork…. seems like some back pedaling to me. My guess is this is a cheap shot by Concord Place’s manager to knowingly not follow the law, and attack the small man thinking it would be an easy victory for him. He found out he was wrong – thats my guess.”
I think you’re absolutely right. No ‘ifs’ and no ‘buts’.
“Concord Place however is requesting me to fill out a leasing application for a criminal background check. I find this fishy.”
I also find this fishy. They’re trying to find an alternative means by which to evict you.
Demand to be able to speak to legal cousel before filling the form in, since you are not certain of the legality of their demand (for the reason you already stated).
And be prepared to tell them that you WILL be suing their fucking arses off, and the only way they’ll have of stopping that is to cease and desist on their pretty obvious strategy of harrassing you. And you need to have counsel who is prepared to be a serious bastard towards the company.
Hi I am sorry you have gotten eviction notice or maybe evicted. It sounds like they want to find some issue that they would have legal grounds just to get you out. Is there a no pet policy? Did the policy change?
Under the Fair Housing act you have the right to have an emotional support animal as long as you have documentation from a doctor stating it’s necessary for your disability.
Therefore before long I would contact your local Fair Housing and tell them your situation. I went through a similar situation with my service dog with trying to tell me I have to pay a fee. Then using another team to claim that they were paying. Unfortunate for the manager we both knew the laws well and it back fired. Along with the fact we both called the HUD department which gave us an section and Extension for the management to contact them. Case Closed!
My suggestion is to contact them right away. If they don’t help contact the State Attorney General. I had to when I moved because the complex wasn’t going to give the security deposit back. Claiming it was for deodorizing the department of pet dander. Funny thing was I had the carpets cleaned by their professionals a month before. They stated how clean the apartment was so that back fired too after the State Attorney General contacted them.
Hope everything works out for you. And good luck.