2 New York Stories
November 14, 2008 by Kristina Chew, PhD
Filed under Health
Two recent stories in the New York Daily News highlight the struggles of families to provide for their autistic children.
In Staten Island, a police detective got caught up in the subprime mortgage crisis when she bought a fixer-upper with the intention of renovating and quickly reselling it, to pay for therapy for her 3-year-old autistic son. The fixer-upper was to be auctioned off today and the detective, Regine DeBellis, is in danger of losing her own house, too. She says:
“I didn’t get into this because I wanted to shop at Saks – we wanted to get Matthew in a program that treats kids with his kind of autism how not to hurt themselves,.”
In Manhattan, federal prosecutors have accused the owners of an East Side building for discriminating against 11-year-old Aaron Schein. Schein has Asperger’s Syndrome and his doctors had said that a service dog would help him with anxiety. Among those demands were that “the dog could weigh no more than 10 pounds and that the pooch couldn’t be left alone for two hours or more.” As also noted in the New York Times’ Well blog, the lawsuit claims that the building’s owners violated the Fair Housing Act by imposing “unreasonable demands” on Aaron’s parents.
Hope the DeBellis’ story can have a similarly happy result.
It’ll be interesting to see how the case turns out–
The Secretary, United States Department of Housing and Urban Development,
on behalf of MARIA MOSTAJO and MARK SCHEIN on behalf of AARON SCHEIN,
Charging Party,
v.
THE TOWNSEND HOUSE CORP
Respondent
FHEO No. 02-08-0768-8
I have never heard of a service dog that weighed under ten pounds, the service dogs I have seen are all fairly large. Does anyone know if smaller breeds are ever trained?
It’s just another way of trying to get around the discrimination. However these are unreasonable demands from the landlord. As Autism service dogs have to be big enough to guide the child away from dangerous situations. (ie traffic, etc.). A 10 pound or less would not have the power to keep the child safe.
As for service dogs they come in all sizes but the size has to be compatible with the tasks at hand. Hearing dogs could be less then 10 pounds if they do not have other tasks like counter-balance. Alert dogs maybe 10 pounds or less. Although when talking about Autism Service dogs they should not be 10 pounds or less. Also the landlord cannot request a muzzle on a service dog because if the dog needs to pick up things this stops the service dog from doing it’s tasks. Again it’s unreasonable to request such a thing for service dogs as they are extremely trained not only in their tasks but house manners as well. These dogs are not pets and as soon as these landlords figure that out the better it would be for all.
Townsend House Corp. eventually amended one clause so that the dog would be permitted to be 25 lbs, but the rest of the restrictive conditions remained–hence the lawsuit.
Wow–NYC is a world of its own–to live in a building where the flats can be $1.5 million and still be forced to run the gauntlet by a persnickety Co-op board.
Actually, service dogs can be required to be muzzled. There’s a lot of old laws in place (from when the only type seen were guide dogs) that say yes, you CAN require a dog be muzzled. Seeing Eye used to send their graduates home with a basket muzzle and instructions on how to use it (an dto have it with you in case people told you to use it in order to gain access!)
There are a number of under 10 pound SDs, but I would question most people in choosing a dog that small (and I don’t believe any reliable program trains them) simply because of the danger of them getting stepped on. (I am a firm believe in the fact that SDs are DOGS and hence should be on the ground, not in your arms, unless there is an immediate danger (boarding a bus, extreme crowding) of them getting stepped on. My first SD candidate was a corgi and his size was problematic. My current SD (migraine alert/aspergers stuff)
While some autism SDs do guidework, a lot don’t. And a dog who does some guidework is NO substitute for teaching a kid judgement and self control- this whole tethering/anchoring thing really is NOT safe. A 25 pound dog *could reasonably be a service dog, especially if his primary tasks are related to anxiety- even so, though, it’s not the apartment’s place to decide.
here’s the thing though- were they planning to get the dog and just make it a service dog? Actually owner train (working properly with an experienced trainer)? Or get a program dog? Program dogs are fully trained and ar eservice dogs ‘right out of the box’. Owner trained dogs will spend time in training, and some state laws cover dogs in training and some don’t (the federal law doesn’t say anything about dogs in training). Some cover only guide dogs in training, some cover only dogs with a program in training- etc. SO the rights of a family to get a dog who WILL be a service dog but is not yet one can be tough to determine. (And if they’re just going to bring home a puppy, start taking it places, and call it a service dog? That’s just plain not kosher. The entire definition of service dog hinges on the dog having training so as NOT to be disruptive in public in addition to his/her tasks to assist th ehandler. And if they’re going this route, what are they going to do if the dog doesn’t work out? Up to half of dogs from programs with super-experienced trainers don’t work out! With a person training their first dog of their own, especially if they’re not already a dog trainer? The odds aren’t good at ALL.)
I think it’s going to be an interesting case to watch, but the issues are a LOT more complex than the short article makes them seem!
Oops- that sentance fragment in the middle should read “My current SD is a 50 pound collie; my first (who washed out of training for reactivity) was a Corgi and his size was an issue. My next dog might be smaller, but I can’t imagine choosing a dog much under 20 pounds. (Except when flying, when I fantasize about having leg room again.)
Muzzling maybe a state ordinance as some not many states will try this. Same when the states restricts what type of equipment a service dog should wear such as an orange cape for hearing dogs when there are different colours used just by many organizations alone. The ADA prevails over any Conflicting State/Local Laws, or those Laws that provide lesser protection against discrimination. Henceforth muzzling isn’t consider reasonable unless the service dog bit somebody or animal. And if that is the case then the service animal needs to be retired Period.
With that said This issue or discrimination falls under the Fair Housing Act. Although the article doesn’t quite go into details as to the fact what is qualifying the set animal as a service animal or if this animal really falls under the emotional support animal. However it is perfectly clear that the FHA covers 1. service Animals, 2 Trained Service Animals and 3 Emotional Support Animal. So at the apartment all three catagories are covered under the law. Although the two (ie Emotional Support Animal and Service animal in Training) cannot go out in place of public into businesses. Because that is when the ADA kicks in. And we also must remember too that the ADA Admendment Act will be in effect Jan. 1, 2009 which will clearify what is a service animal (domestic animals). It excludes exotic and farm as well as clearifying invisible disabilities which is about time.
Again this individual has had a dr. give a prescription for having what is said as a service animal. Under the FHA a service animal definition also includes what is called emotional support animal. These animals do not have to have any type of tasks training however must have house manners and have the right temperment otherwise there would be great liability if the dog would bite somebody.
Also under the FHA being that is what this article is all about they cover service animals in training therefore the co op cannot declair a size restriction.
As far as service dogs there are also service cats therefore size restriction cannot be enforced on one particular part of the law (FHA) it would have to be with all people with service animals and that would be impossible as well as discrimitory this includes the ADA as there is no size limit therefore one may have a Great Dane or a toy poodle if the need requires one.
As for getting stepped on because of size well all my dogs are large from 45 to 70 pounds and they would either be hit by shopping carts or stepped on by people flying and in a hurry, especially when my dogs go into splitting position so people do not bang into me and make me fall. And I have been hit many times and I am much larger. LOL.
I do agree though a dog should not be held if their a service dog. Again if it’s an emotional support animal that is also different and different laws cover them. The big issue people do not separate service animals from emotional support animals and visa versa.
Either case this article talks about rental therefore this service dog maybe an emotional support animal or a service dog in training for tasks. All covered by FHA!