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Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

  • 1.  Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-03-2024 09:32 AM

    Updated 12/9/24 at 4:02 pm PT: Recording now available to watch on-demand!


    We hope to see you on the next Community Conversation on Monday, 12/09/24 at 11am PT for "Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections‬‭," a presentation by @Diana Cruz and @Zaira Bernal from HEART LA (Housing Equity & Advocacy Resource Team). 

    In this follow-up presentation to the Community Conversation on 10/28/24, we shift the focus from individual barriers to the systemic challenges presented by housing providers, particularly small property owners, in ensuring the legal protections afforded to tenants with Emotional Support Animals (ESAs). Despite clear state and federal laws, housing providers often disregard these protections, leading to ongoing harassment, pushback, and, in some cases, the denial of rightful accommodations for individuals with disabilities. This presentation will explore how tenants frequently report resistance even after informing them of their rights, highlighting the critical role larger organizations play in advocating on their behalf.

    The presentation will conclude by offering strategies for intervention that our organization has found effective. These include drafting reasonable accommodation requests on behalf of our clients, involving governmental agencies, and partnering with animal welfare organizations to identify solutions that benefit all parties. By acknowledging housing providers as actors in the housing ecosystem and uplifting tenant power, this presentation aims to foster a more equitable approach to ESA-related housing issues, ensuring that legal protections are upheld for vulnerable individuals in our community.

    Maddie's Fund will also be announcing the November grant giveaway winners!

    Register for Community Conversations hosted via Zoom: https://maddies.fund/CommunityConvoRegistration2024

    Make sure you are using the latest version of Zoom when you join us!

    If you are unable to make it live on Monday, this thread will be updated with the recording and resources so you can watch and share whenever you'd like.  After you watch the recording on-demand or attend the call live, be sure to complete this new December 2024 entry form to enter to win up to a $5,000 grant: https://www.maddiesfund.org/weekly-community-conversations-dec24-giveaway.htm


    #AccesstoCare
    #CommunityPartnerships*
    #Diversity,Equity,InclusionandJustice
    #EducationandTraining
    #LawsandPublicPolicy
    #PetSupportServices*

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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 2.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 09:26 AM

    Certainly excited to see that this presentation will focus on the challenges surrounding emotional support animals! This issue is one I hear a lot from potential adopters - how barriers like pushback from landlords or steep fees make it so much harder for people to give these animals the loving homes they deserve. Addressing these challenges is essential, not just for the mental health of adopters who would greatly benefit from having these pets, but also for the pets who need stable, caring environments.  Definitely eager to learn more about solutions and ways we can advocate for fair housing practices that support both tenants and their pets.



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    Parker Winston
    Volunteer
    Cats Cradle of Greater Richmond
    VA
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  • 3.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 12:08 PM

    What a fantastic and informative presentation.  Thank you to Diana and Zaira for sharing your work and knowledge with us.  The power imbalances between housing providers and tenants can be terrifying to those affected.  Thank you for helping us all realize that the Fair Housing Act is accessible and can be utilized to advocate for individuals rights who are potentially being infringed upon. I always leave these discussions more educated and informed. Thank you to Maddie's for creating this space for all of us to learn.



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    Erica Grant
    Board Member and Volunteer
    Runways Animal Rescue
    FL
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  • 4.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:39 PM

    Thanks to the 127+ people and paws who joined us on today's Community Conversations call! The recording is now available to watch on-demand. Below you'll find a recap of today's call and the resources shared. 

    Call Recap

    • Maddie's Fund Grant Announcements - November 2024 Monthly Drawing Winners
      • Community Conversations Giveaway Winners of $2,500 each
        • Cindy Ashbeck, Lakeshore Humane Society, Manitowoc, WI
        • @Mary Flores, Sol Dog Lodge and Training Center, Tucson, AZ
      • Maddie's Pet Forum Giveaway Winner of $3,000
      • Maddie's Fund 30th Anniversary Cuddly $1000 Prize Pack Giveaway
        • @Alicia Curley, Program Coordinator, Humane Society of Huron Valley in Ann Arbor, MI

    • National Updates
      • This Thursday, December 12 at 12 noon Pacific / 3p Eastern: Maddie's Insights webcast: Insights and Implications from Housing-Related Animal Shelter Intake Data
        This presentation will share the results of three research projects, co-authored by our guest speaker Lauren Loney, a licensed attorney, researcher, and advocate crafting policies and lobbying on a variety of issues at local, state, and federal levels. Her talk will address the impact of restrictive pet policies in rental housing on pets, animal shelters, and the tenants who love them. Join us to learn about trends in pet relinquishment due to housing issues and several programmatic tools that may be most useful to mitigate the flow of these pets into animal shelters.
        Register here https://maddies.fund/MIwebcastsRegister
      •  Thursday, December 19 at 12 noon Pacific: Maddie's Monthly Behavior Connection: Behavior Modification Plans: What works in one place, may not in another…
        Guest Speaker: Tom Candy, Simplifying Shelter Behavior
        Learn more on Maddie's Pet Forum: https://maddies.fund/BehaviorConnectionDecember2024
      • If you're interested in the Community Cat Program Management at the University of the Pacific you can find the course description and enrollment at https://uc.pacific.edu/search/publicCourseSearchDetails.do?method=load&courseId=3508103&selectedProgramAreaId=20924&selectedProgramStreamId=20939&mc_cid=43b1f30baf
      • HASS's new Director, Elkie Wills, announced that they just published 11 field services toolkits that will provide shelters customizable programming options for lost pet reunification, pet support services, supported self-rehoming and intake-to-placement. Hopefully something to fit your needs! Learn more here https://www.humananimalsupportservices.org or email Elkie at elkie.wills@americanpetsalive.org
      • Maddie's Pet Forum Monthly Giveaway: Maddie's Fund® is giving away a $3,000 grant each month to one lucky Maddie's® Pet Forum member. You'll automatically be entered to win each month when you start a new discussion, reply to a new post. More info:  https://maddies.fund/mpfmonthlygiveaway
      • Maddie's Fund Community Conversation Monthly Giveaway!  Enter here for a chance to win CA$H: 
        https://www.maddiesfund.org/weekly-community-conversations-Dec24-giveaway.htm
        Open to all who are watching live or on-demand! Be sure to enter each week you attend! In celebration of Maddie's Fund 30th anniversary, Maddie's Fund and Cuddly have partnered to provide $1,000 in prizes monthly, for engaging on a special anniversary-related post on Maddie's Pet Forum. This October, simply comment on this thread telling us who has inspired your work and you'll be entered to win a $1,000 Cuddly prize pack: https://maddies.fund/30YearsGiveawayDecember2024

    • Presentation: Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections
        • Guest Speakers:
        • Key Takeaways:
          • Despite existing state and federal laws, many housing providers ignore legal protections for tenants with Emotional Support Animals (ESAs). This results in harassment, resistance, and wrongful denial of accommodations.
          • Larger organizations play an essential role in advocating for tenants' rights and addressing the resistance housing providers demonstrate, even when tenants are aware of their rights.
          • The presentation emphasizes the need to uplift tenant power and recognize housing providers as actors within the housing ecosystem. This holistic approach aims to ensure equitable outcomes for tenants with disabilities.
        • Related Links:
    • Highlights from the Chat
      • "Does HEART operate in San Diego as well? I have a family that could use your help." - April Cannizzaro
      • "Is there an agency like HEART LA in Northern CA / East Bay?" - Jennifer Maher
      • "In Portland Oregon, I've seen this issue a lot." - Jali Henry
      • "Is there an FHA requirement that notices must be given in the tenant's primary language?" - Lauren Loney
      • "What restrictions, if any, do insurance companies place on property owners?" - Linda Daugherty
      • "Question for the presenters: I talk to so many tenants who are surrendering a pet due to fear of their landlord and feeling a need to "play nice" even if their rights are being violated. How do you navigate these conversations?" - emily wood
      • "How do I find a governmental housing authority in my area to partner with so we can enforce compliance with housing providers?" - Gillian Robles
      • "Question: What is the requirement for training for support dogs? What if the dog does need training? - Stefanie Holzman
      • "Minnie's pink cast is adorable, hope she's OK!" - Ken Hopkins
      • "Churro has a sweet, sweet face!" - Debra DeVries
      • "If there is a known incident that has occurred with a neighbor (assuming low severity) but training is then pursued, do you ever have success rectifying those situations?" - Bri Xandrick
      • "I have a lot of clients who are scared to push back against obvious wrongdoings by the landlord because they are terrified to lose their housing. How do you support clients who are nervous that there will be retaliation if they/we fight for their ESA's rights?" - Gillian Robles
      • "👏 " - Marnie Russ
      • "Excellent presentation!  Thank You!" - Debra DeVries
      • "Thank you!!!" - Erin Dams
      • "Awesome presentation, y'all, great information!" - Lauren Loney
      • "Thank you - always clear and fantastic info." - Michelle Russillo
      • " Thank you!" - Terry Devine
      • "Amazing first meeting, thank you so much!! Love hearing all the wonderful work you're doing!!" - Bri Xandrick
      • "Thank you for all the info!!" - Lauren Avon
      • "Thank you.  This has always been a topic of interest to me. 👏🏻" - Christine Best
      • "Thank you for your work and this great information sharing session Diana and Zaira!" - Geraldine D'Silva
      • "Thank you to our speakers and hosts!" - Irene Chansawang



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    Sheila Kouhkan
    Senior Education Specialist
    Maddie's Fund
    CA
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  • 5.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:50 PM

    Unanswered question from the chat: 

    "Is there an FHA requirement that notices must be given in the tenant's primary language?" - @Lauren Loney



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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 6.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 10:17 AM

    Hi @Lauren Loney!

    Thank you for your question! The Fair Housing Act (FHA) doesn't explicitly require notices to be given in a tenant's primary language. However,  FHA prohibits discrimination based on national origin, and failing to provide meaningful communication to tenants with limited English proficiency (LEP) could  violate those protections. Other federal protections like Title VI of the Civil Rights Act ask housing providers that receive federal funding to provide meaningful access for LEP individuals, which often includes translation or interpretation services.  Local laws and ordinances may also mandate language-specific notices, and courts have found that failing to provide understandable notices can violate due process rights. So while the FHA itself does not impose such a requirement, landlords are subject to these other laws and ordinances to ensure compliance and equitable treatment for all tenants.



    ------------------------------
    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------



  • 7.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:51 PM

    Unanswered question from the chat: 

    "What restrictions, if any, do insurance companies place on property owners?" - @Linda Daugherty



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    Maddie's Pet Forum Admin
    Maddie's Fund
    ------------------------------



  • 8.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 09:06 AM

    Hi @Linda Daugherty. There isn't great clarity on the insurance barriers for housing providers and we are planning some research to help us better understand this. However, we do know, anecdotally anyway, that insurance constraints have less impact than housing providers seem to think.



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    Ross Barker
    Program Director, Pet-Inclusive Housing
    Michelson Found Animals
    OR
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  • 9.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 10:26 AM

    Thanks for the question @Linda Daugherty

    In our experience, insurance companies can pose a barrier on property owners through their policies, such as excluding specific dog breeds they consider "high-risk" from coverage. In turn, property owners may adopt policies that align with their insurance requirements. However, it's important to note that insurance policies are still subject to the Fair Housing Act (FHA), meaning they cannot justify discriminatory practices against tenants with disabilities who require assistance animals. Fighting against restrictive insurance policies can be a significant challenge, and as a response, our organization has compiled a list of alternative insurance providers that offer more inclusive policies. We're a small team based in Los Angeles County so the list may be limited, but I hope it is helpful in mitigating barriers for tenants and landlords navigating these restrictions.



    ------------------------------
    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------



  • 10.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:52 PM

    Unanswered question from the chat: 

    "I talk to so many tenants who are surrendering a pet due to fear of their landlord and feeling a need to "play nice" even if their rights are being violated. How do you navigate these conversations?" - @Emily Wood



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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 11.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 08:58 AM

    Hi @Emily Wood. @Zaira Bernal and @Diana Cruz may have suggestions here, but I can point you to  resources on the Pet-Inclusive Housing Initiative site that are  geared toward helping pet owners and animal wellbeing organizations navigate these discussions.



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    Ross Barker
    Program Director, Pet-Inclusive Housing
    Michelson Found Animals
    OR
    ------------------------------



  • 12.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 10:36 AM

    I love this question @Emily Wood because it captures the power imbalance between tenant and landlord. 

    Navigating these conversations requires empathy, empowerment, and providing tenants with the tools and support they need to feel confident asserting their rights. At HEART LA, we often start with a frank discussion emphasizing that tenants have legal protections and are not alone in their struggles. We acknowledge the fear and vulnerability they feel but remind them that they deserve safe housing without sacrificing their pets or their dignity.

    We also stress the importance of community, providing a sense of solidarity so tenants don't feel like they're navigating challenges in isolation. When tenants feel supported and equipped, they're more likely to stand firm, knowing they have people backing them up.

    For shelter staff, whose time and resources are often stretched thin, sharing contact information for local tenant rights groups, legal aid organizations or providing templates for reasonable accommodation requests can make such a significant difference.  Ultimately, empowering tenants to act with conviction and a community behind them is the best way to combat the fear that landlords often exploit.

    And yes, a knowledgeable tenant is a strong tenant! Thank you for those resources @Ross Barker :) 



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    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
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  • 13.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:53 PM

    Unanswered question from the chat: 

    "How do I find a governmental housing authority in my area to partner with so we can enforce compliance with housing providers?" - @Gillian Robles



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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 14.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 10:47 AM

    Hi @Gillian Robles

    Personally, I start by visiting city websites and looking for sections related to housing, tenant rights, or code enforcement. These often detail systems for reporting code violations and illegal evictions (e.g. notices involving assistance animals).

    When dealing with particularly egregious cases or delays in action from a housing department, we escalate by contacting the tenant's local councilmember and share the challenges their constituents face. We have found that building relationships with these officials can also lay the groundwork for long-term partnerships to address systemic issues.



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    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------



  • 15.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:55 PM

    Unanswered question from the chat: 

    "What is the requirement for training for support dogs? What if the dog does need training?" - Stefanie Holzman



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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 16.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 09:04 AM

    Following this one. This is a good question.  I thought a support dog only had to be house trained. There are terms used: "Trained ESA". (support animal with obedience training) Assistance and Service Animal are task trained.  I have worked with people in government housing to train an ESA with obedience training and it helped the dog stay in the home with the individual. I signed the paper stating the training was complete as obedience training only for the housing unit. 

    I would love to see someone else answer this as well.



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    Kim Jackson
    Dog Trainer
    For The Puppies Foundation Inc
    MS
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  • 17.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 11:15 AM

    Thank you for posing this question and for following @Kim Jackson!

    Under the Fair Housing Act (FHA), there is no specific training requirement for emotional support animals (ESAs). Unlike service animals, which are trained to perform specific tasks, ESAs provide support through their presence and do not need formal training. However, the animal (both ESAs and service animals) must not pose a direct threat to the safety of others or cause significant damage to property.

    If the animal does require training-for example, to address behavioral issues-a tenant may offer training as a solution to the landlord, such as enrolling the dog in training and implementing measures like leashing or using a soft muzzle in common areas during the training period. This demonstrates good faith and a commitment to resolving concerns while maintaining the tenant's right to keep their assistance animal.



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    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
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  • 18.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-11-2024 06:07 AM

    @Zaira Bernal Thank you for answering. Here is what I have seen and done to help.

    The dog I trained for the client was homeless. The client rescued the dog off the streets. So the dog didn't know how to act in a "home" environment.  If you can imagine how the dog was when both the client and dog went into public housing, the issues the dog was presenting. It was not aggressive, but it was destructive. That was all it knew.  I wish there were more cases like this one that could have had a positive outcome but, there are not.  I have seen too many dogs snatched by rescues from the homeless without thinking about the person the dog belongs to, homeless or not.

    Yes, Service animals are to be task trained and bomb proof if you will.  I have come across "service dogs" that alert owners to medical conditions naturally without any training at all.  (the human-animal bond in play) Without some kind of formal training the dog doesn't know how to act properly otherwise I see an ESA.

    I have a personal dog who detects diabetes naturally. No, I don't have that. He alerts people in public. He is a registered Therapy Canine.   I am giving this information because there are dogs like this that are said to be "Service Dogs" who don't know how to act in public because they don't have any training what so ever. 

    Some times it is not good to be a dog trainer.



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    Kim Jackson
    Dog Trainer
    For The Puppies Foundation Inc
    MS
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  • 19.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:57 PM

    Unanswered question from the chat: 

    "If there is a known incident that has occurred with a neighbor (assuming low severity) but training is then pursued, do you ever have success rectifying those situations?" - @Bri Xandrick



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    Maddie's Pet Forum Admin
    Maddie's Fund
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  • 20.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 11:00 AM

    Good question, @Bri Xandrick

    Yes, we've had success rectifying these situations. The key is addressing the specific behavior and demonstrating proactive steps to mitigate any perceived threat. Under the "direct threat" standard, the focus is on assessing and managing the issue rather than an automatic exclusion.

    We've worked with tenants whose assistance animals were involved in incidents, and our approach includes offering solutions to landlords. We've often arranged for the assistance animal to undergo training for a set period, with the trainer providing certification once the animal is deemed properly trained. During this time, we also offer measures like requiring the animal to be leashed and using a soft muzzle in shared spaces. We do this to address the concerns being raised while the tenant retains their rights to housing with their assistance animal, with success!



    ------------------------------
    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------



  • 21.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-09-2024 04:58 PM

    Unanswered question from the chat: 

    "How do you support clients who are nervous that there will be retaliation if they/we fight for their ESA's rights?" - @Gillian Robles



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    Maddie's Pet Forum Admin
    Maddie's Fund
    ------------------------------



  • 22.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 11:05 AM

    Hi again @Gillian Robles!

    This is a great question and closely tied to the one about tenants surrendering their pets out of fear of their landlords. Supporting clients who are nervous about retaliation requires reassurance, education, and connecting them to community resources. At HEART LA, we start by validating their concerns and explaining that retaliation for asserting their rights under the Fair Housing Act (FHA)-such as raising rent, issuing baseless eviction notices, or creating a hostile environment-is illegal.


    We also guide clients in taking proactive steps, like documenting all interactions with their landlord and keeping records of any potentially retaliatory actions. Additionally, we connect them with tenant unions or legal rights organizations so they feel supported and empowered rather than isolated. Tenants are more confident standing up for their rights when they have a strong community and the knowledge that they are protected under federal law.



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    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------



  • 23.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 03:39 AM

    Thank you for this presentation. As a cat rescue, we don't see a lot of landlord resistance to accommodating a cat as an emotional support animal. We do experience several returns each year when people have to move to new housing that either doesn't allow pets or places a limit on the number of pets.



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    Pamela Adelmann
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  • 24.  RE: Community Conversations - 12/09/24 - Power and Pushback: Addressing Housing Provider Resistance to Emotional Support Animal Protections

    Posted 12-10-2024 11:18 AM

    Thank you all for tuning in and for all your questions! I am including a link to our presentation here



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    Zaira Bernal
    Paralegal
    HOUSING EQUALITY & ADVOCACY RESOURCE TEAM
    CA
    ------------------------------