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Landlord is Trying to Thwart Attempts for Emotional Service Animal

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  • 08-22-2009, 06:30 PM
    jh_06
    Landlord is Trying to Thwart Attempts for Emotional Service Animal
    Question in state of: Washington
    I apologize in advance for the length of this post. It's kind of a convoluted, twisted story, but I think it's important to understand the time line of this whole thing.
    Three weeks ago we (my husband and I) started seeing a cat at the bottom of our stairs. After a week it was climbing up the stairs towards our door, so we decided we had to start feeding it. Poor thing was starving. We had already spoken with our landlord about the cat, and let her know that we were now going to feed it. Being responsible pet-lovers, we knew that we now had to be responsible for the animal. I posted two ads on Craigslist looking for it's owner, scoured every lost and found site--nothing. We took him to the local vet, and he has been neutered and declawed. Needs to be an indoor cat for that reason. LL used to work in a vet's office for 20+ years, told us she would take him to the vet and they'd take him to a shelter. We said "no thanks"(no "no-kill" shelters around here), and that we were trying to find him a good home. One thing led to another and each of our attempts fell through. We became more and more attached to the cat and were hoping to find him a foster home so that we could take him back when our lease is up here (June '10).
    We continually kept the LL up to date and she knows we were really trying hard,we even borrowed a carrier from a vet to take him to my in-laws (fell through because in-laws cats have a contagious virus). Anyway, I finally stumbled on Emotional Support Animals online, and felt like it was a god-send. I have depression and anxiety problems, and have always been incredibly responsive to animals. Had I known this exception to no-pet policies even existed, I would have started there. I asked my LL, and she seemed very understanding, just told me to get a note from a mental health care professional, and that would be fine. I went the same day to counseling services. I told LL that I had an appt. in two days, would let her know how it went. Had the appt., psychologist just wants to have me take an assessment before she writes the letter, but said she believes I'm a very strong candidate for an ESA, and the letter shouldn't be a problem. This was on a Thursday, taking assessment on Monday, results Tuesday. Once again, informed LL, apologized for any possible inconvenience, thanked her for being understanding. She also knows animal is neutered, and declawed (less potential to damage apt).
    The whole time I've been speaking with LL, she's said "just as long as he's not in the apt..." or "need him out of the apt..." and I've repeatedly explained that he is not inside, but stays outside in the same place all day, just eats on our porch.
    Then Friday comes, (remember, LL knows I should have letter by Tuesday). We feed cat at 6:00am, by noon he is missing. Worried sick, asked LL if she'd seen him, said "nope" with a smile. Saturday called shelters, and guess what...cat is there. We went and got him, were charged $28 for microchipping and licensing. Weird thing...info sheet said cat was picked up about 17 miles from here (25 min by freeway). We even went by that address (on way to pet store)...and it doesn't exist! Fake address, clearly whoever brought him in doesn't want to be found. He NEVER in three weeks has left his little spot which is hidden to the naked eye, but I told LL more than once exactly where he was.
    Started to suspect that LL might have taken him there. Did tell me she HATES male cats. I called vet where she used to worked and said "Hey...our LL used to work there (gave name) and she was going to pick up a carrier for us yesterday, did she do that?"gal said "no...but her husband picked one up Thursday!" Thing is, this is no pet community. No one here would need a carrier, and LL has no pets. Cat was clearly picked up near our place. Not 17 miles away. A couple neighbors have glared a little at us (probably think we're breaking a rule) but if they had a problem, would just call LL, not drive cat 30 min to this shelter, make up fake address, not to mention go get a carrier to transport him in (no one wants cat pee in their car). Plus he's hard to find if you don't know where he is. No reason anyone else would know. Very sure LL did this.
    My question is.....is there anything legally questionable about LL's actions? She knew that I was hoping to get ESA letter, and knew we had been caring for this abandoned animal and that we would specifically be taking this cat in if I qualified. I am pre-law student, work in law office, minoring is psych....so I understand that motivations could look suspect on my part, but truth is...I've had these issues for a long time, finding cat was coincidental, but led me to finding ESA option, which is a great option for me. Either way though, it wouldn't matter if my motivations weren't on the up and up. If I got that letter, LL can't deny request, so she couldn't do anything either way. That's not the case...just saying it doesn't matter what she thinks about legitimacy of my claim to emotional disability.
    I experienced VERY bad anxiety and worsened depression when cat was missing. I was physically ill over it, had nightmares,thought for sure he was dead somewhere, hit by a car, hurt, whatever. Went door to door knocking. Lost sleep. I've told LL to her face that I have emotional issues that animal could help with...if she intentionally then removed that animal which I would be taking in under ESA qualifications...what does that mean legally? Can she do that? It's caused emotional distress and physical symptoms for me, plus she lied to my face about it. She's always come off as VERY understanding and like she doesn't care as long as I have a doctor's note. Cat is no inconvenience to her, she doesn't have to see it, hear it, feed it, nothing. If I could prove that she was in fact the one who took him, knowing that he would have a home here in a couple of days, and given my rights under Fair Housing Act....did she do anything legally wrong? Or is it just completely immoral? Once ESA qualification goes through, should I complain to management company (if I have proof, which I think I can get)? Were any of my rights legally violated here? Any advice? Once again, sorry for the lengthy post, but I'm very upset. This cat could have been euthanized and may have been exposed to the illnesses of other animals, and we're out the money to get him out of there.
  • 08-24-2009, 10:06 AM
    Mr. Knowitall
    Re: Landlord Trying to Thwart Attempts for Emotional Service Animal
    Speculation that the landlord might have dropped the cat off somewhere distant doesn't give you any basis to make a claim against the landlord. You need evidence.

    Also, the landlord can't violate your ESA rights until after you establish those rights.
  • 08-24-2009, 03:06 PM
    jh_06
    Re: Landlord Trying to Thwart Attempts for Emotional Service Animal
    Indeed, I realize speculation is not enough. As previously stated, I believe I can acquire said evidence. However, I want to know if any of my rights were violated to a point where such evidence-gathering would even be worth it. Good point about my not having ESA rights as of yet (was confirmed today that I will be getting letter on Wed), however I still have basic rights as a citizen, as well as the rights of a tenant. I simply would like to know if there was ANYTHING about these actions, as relates to ESA or not, which violated any of my rights, either as a citizen, or more specifically I suspect (if at all), as a tenant. Any further help?
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