Astra Gems

"The Federal Americans with Disabilites Act views any Service Animal such as a Dog, or cat, horse, or a Ferret and so forth, just like an auxiliary aid or Appliance, i.e. Like a wheelchair, a walking cane, oxygen breathing apparatus, or an iron lung, etc. Under the law the Land-Lord CAN-NOT and MAY NOT interfere, with the use of a dog by a disabled person. No more than the Land-Lord can kick a walking cane out from under a crippled person. There are serious penalties against the landlord such as monetary fines, and imprisonment." [Source: United States Department of Justice - Disabillity Rights] [Bazelon] [Disabled Rights. Inc.] (More)

Another point made is that: "The Land-Lord should be ONLY notified ONCE of the tenants' need for a service dog, just like his or her need for other accommodations such as a wheel chair during his or her tenancy", etc. "The tenant DOES NOT NEED to request or give reason for the need of another Service Dog when his or her current dog dies, and is replaced". The need for accommodation only has to be established one time. For instance: There are some agencies who provide Service Dogs "On Loan" to disabled people. At times, the agency may exchange the dog for another dog as the need arises. The tenant does NOT NEED TO notify the Land-Lord of this fact, nor ask for "consent" again to have another dog at the rental. That would be ludicrous. i.e. Similarly, the tenant would also not need to notify the Land-Lord if his or her "wheelchair breaks down and he or she intends to get a new one".

Grounds: The reasonable accommodations WERE already put in place the first time around. Accommodations is NOT a privilege BUT A RIGHT UNDER THE LAW! These rights are not subject to the prejudices or the whims of the Land-Lord or his or her interpretation of Law.

One written sample of a "REQUEST FOR ANIMAL ACCOMMODATIONS COULD BE..."

Dear Land-Lord:

Ms. John Smith has need of a Service Dog. It is my professional Medical opinion that she is qualified to have one for medical support. She should be accommodated in these regards.

Ms. John Smith also meets all the requirements for a service dog under definitions of The Americans with Disabilities Act, The Fair Housing Act, and the Rehabilitation Act of 1973.

Sincerely,

Doctor I. O. Beythelaw, MD

Any action on the part of the Land-Lord beyond this constitutes punishable harassment.

Although we Both hold "Graduate Level Disability Rights 'Teaching Certificates'"

We unequivocally:

Urge, cajole, declare, advise, support, advocate, counsel, warn, inform, opinionize, propose, suggest, direct, recommend, push, insist, command, order, and even strongly beg, that you:

As always...

Check with your friendly Disability Rights Lawyer first...

Before taking action against "A H'ches"

(A H = Assinine Hominids)

OUR PROVERBIAL HATS OFF TO THE NEW YORK STATE ASSEMBLY:

"Due to a rash of 'attacks' on service dogs, ... [increased penalties against offenders- they] have ... increased fines up to $ 4,000.00 per incident and imprisonment up to 90 days" ...

-----

"Summary: ... Specific Provisions: 'owner ... through negligence ... attack[s] any service dog, guide dog, or hearing dog, ... cause serious [ ] injury, shall be subject to civil penalty ... one thousand dollars in addition to any other applicable penalties' ". [Agriculture Sec 121 2-a, b]

"Justification: 'A ... rash of injuries, trauma and death perpetrated in New York against ... owned by people with disabilities' ... ... '89 percent of disabled people who used service animals had experienced some form of harassment, interference or attack by individuals ... and 42 percent of [ ... ] their experiences have resulted in trauma, injury or death to their service animals, and often include[d] trauma, injury, and lost wages [and other costs] to the [disabled person themselves - often on fixed income]." End Paraphrased Quote

LEGISLATIVE HISTORY                                                                                        STATE ASSEMBLY

YES!

WE TAKE COWARDLY ATTACKS ON SERVICE DOGS

AND UNJUST TREATMENT OF DISABLED SERVICE ANIMAL OWNERS

VERY SERIOUSLY!

ANYONE WHO DOES THAT - WILL PAY THE PRICE!

-----

After you have thoroughly "educated" yourself as to what your particular problem is, CLICK on the Government ADA site or HUD (Housing Urban Development). Get a Federal Complaint Form that you should print out. Attach to that written documented complaint form, in a clear and concise manner, all the concerns that you have and only the facts. Next;

AT THAT TIME, ask the Federal Government in a brief statement to them for a: "LETTER OF CONSENT TO SUE". If they deem it necessary on the facts that you have provided them, you will get that letter from them. This is what you will need to continue pursuing your claim and offensive against the "Harrassor(s)" of you and your Service Dog(s) (Animal(s).

Following below are numerous Codes to apply against a Land-Lord for abusing your rights:

COMING SOON...

Please Hold Cursor Over The JPEG Icon Above For More Information-----These Codes are easy to apply in small claims court and elsewhere...Up to $ 5,000.00 

With these Codes you can also put your Land-Lord in your County Jail for up to one year...

This Code should be applied to Land-Lords for PUNITIVE reasons, or when he or she gets other tenants to blatantly lie about your dog(s). Demand PROOF of the so-called complaint and than also sue the other tenants who filed the FRAUDULENT complaints.

If those tenants admit that the Land-Lord was involved in "the bogus complaints" against you and your dog, it will be easy to prove that it was the Land-Lord who "created a climate of fear" against you at the property where you live. Needless to state the bad repercussions that will follow against your Land-Lord. Make sure your State Real Estate Licensing Board gets every copy of your complaint and copies of any evidence and judgments.

It's possible that before long, your Ex-Land-Lord will be a "Renter" him or herself.

... And be browsing this site for help against His or Her Land-Lord ...

OODLES AND BUNCHES OF NIFTY AND HANDY-DANDY

"QUICK-REFERENCE-SET-YOUR-MIND-AT-EASE"

CODES COMING SOON... ABOUT

How to put your Land-Lord in jail and have your rent paid...

Prudence would dictate that you should consult with a qualified law professional

The trend today is for Police Departments, Rescue Services, and the Disabled who require a Service Dog, to avail themselves of the BULLY-BREED dog. These are Rottweilers, Pit Bulls, Bull-Dogs, Mastiffs, and the like. These dogs are not only hightly intelligent, but also quickly develop the skills necessary for the particular job they are being trained for.

For Police Departments, most any of the BULLY-BREED dog, because of their "intimidating" appearance, are helpful in subduing many possible "criminals". For Rescue Services, they are indispensible because of their stamina and loyal perseverence to complete the tasks they are asked to do: These tasks mostly are to rescue human beings.

For elderly disabled persons these kinds of bully-dogs are a Godsent. Without these dogs it is noted, that the elderly disabled would otherwise be helpless against assault by criminals who would rob them of their meager belongings, and by abusive people with no morals - at times Land-Lords. Some States take these matters seriously. [See New York note above]

As a deterrent against crime, BULLY DOGS have no equal in their class. They can prevent robberies or death. It is widely known that in "high-crime" areas, houses which have dogs such as these, have "been avoided by criminals looking for potential victims to rob".

For more information about "Bully-Dogs", visit that page on this site. Click Finger:   

Comment from Reader: "Yes! ... I'm disabled and in a wheel-chair. He doesn't like my dog. Now he wants to put me on the street in the snow. Turning tables, I want to put him in jail".

"HOW DO I DO THAT...! Thanks..."

Excellent Question: First, review the information on the  ANIMALS page on this site. Review all the sections thoroughly. Make notes that apply to your particular situation.

Should you find that the agencies you contact are "slow to act", or can't help you... The Law Library at your local court-house stores a wealth of information that will get you a long way towards resolving your problem with an "obstinate land-lord". This is what you can do:

a. Ask the court-clerk where the "JUDICIAL COUNCIL" forms are located at... Not all states put out these pre-printed forms. If they don't have them, ask if there are similar forms that the court makes available for people who wish to file in "Pro-Per" or in some states in "Pro-Se". Both terms essentially mean the same thing - i.e., "I want to file the papers myself".

b. Now go to the Court Law Library Librarian. Most of these folks are very helpful. You may have to pay for copies of the foms they make for you or similar expenses. It is reasonable. Concisely, but be careful to be brief, let the clerk or librarian know what it is you want to do.

Here is another big word: Mathew Bender. These books contain most formats for filing law suits, etc. Just about only thing left is to fill out the blanks. Injunctions are always helpful. Give FACTS ONLY. Be careful not to be labeled a "Vexatious Litigant" by the Court.

Compelled to avoid "an Adverse Default Judgment" to your Formal Legal Complaint...

Your Land-Lord will by now have already expended more money Responding...

Than if He or She had let you live in your apartment for one month FREE. Hmmm...

NEXT: Can't afford a lawyer, look in the telephone book for an Independent Paralegal. Some in different states may be listed under Document Services, Secretarial Services, etc. Keep in mind that neither of these people NOR THE COURT CLERKS, can give you legal advise.

c. If you're disabled or you meet the County "Guidelines" for low-income individual, most if not all courts have provisions for you to file your papers free - at no charge to you. Ask the court clerk information about this. You may have to prove your low income. Just about any document such as Social Security Income, or from the local welfare office will probably do the job. The official term is "In Forma Pauperis". i.e., you are telling the court that if the Land Lord continues, you'll be "IRREPARABLY HARMED BY HIS ACTIONS, and since you are low income or "impoverished" and "don't have the money to pay filing fees" you can file for free.

As I've stated before, there is also a wealth of information on the WWW. Educate yourself first, then, and only then, go on the offensive against your land-lord.

BE SURE TO ALWAYS FILE A "REQUEST FOR ACCOMMODATIONS" WITH THE COURT.

ESSENTIALLY WHAT THIS IS ... IT TELLS THE COURT THAT YOU ARE DISABLED AND YOU ARE ASKING THE COURT TO CONSIDER THAT FACT. THE COURT IS NOT LIKE YOUR "SELFISH AND "INCONSIDERATE" LAND-LORD. THE COURT WILL ACCOMMODATE YOU AND YOUR DISABILITY UNDER FEDERAL GUIDELINES - IF WARRANTED.

AS TO ALL OF THESE FORMS - Time permitting, we will direct you to those forms if they are available on the www, or in the alternate, we will post them on this site. Direct your search under: "Judicial Council Forms" or "Preprinted Legal Documents". Be creative.

One more "quicky"... Many states will accept papers to be filed on regular bond paper, and even in "hand-written" form. Some courts require that you use "recycled" paper. Some other situations might be that you will need to file on "Pleading Paper" . i.e. that is bond paper with numbers on the left side of the page. We will let you know more about this. In time we will direct you to pleading paper generators (macros) for you to use. It's not difficult.

There is more as to court etiquette... WHICH is basically common sense and courtesy. For example: Don't roll your eyes when you don't like what you hear. Don't interrupt anyone. You will get your chance to talk. And above all else, it is a Court, not a tennis court. Wear shoes! Don't stare and make faces at your opponent. Fix your gaze at the judge only...!!!

I.e: * Fililng in Pro-Per = in Proper Person (Self)  ** Forma Pauperus = Filing as a Pauper.

Sources for other forms and documents are Legal Forms Companies such as WESTLAW.

Some Legal Beagles might take a different approach to the situation

HUD (Housing Urban Development) is a Federal Agency

Contact:  http://www.hud.gov

Worked all your life, but now disabled, lost everything due to circumstance and need a dog.

Or... Tried to make an honest living all your life but genetic disability kept you from doing so.

Or... "Blessed with a long life", but a devastating economy has robbed you of your savings.

Or... Whatever "Acts of God", "Destiny", or "The fickle-finger-of-fate" may have dealt to you...

That caused you to loose your home and now you are a "second class citizen" apartment dweller... and some naive and bigoted Land-Lord treats you accordingly...

DON'T DESPAIR!

Click on the above link, print out a Complaint Form, Fill it out, and mail it in to HUD.

Currently, and at the time of this writing... HUD has successfully helped disabled persons get their rights about enjoying the companionship of a Service Dog.

Take some time and browse their entire site. It has lots of educational information on it.

Remember the main issue in the movie: "What about Bob"?

That's right... Taking "Baby Steps" to get the job done... With some measure of patience and following the Baby Steps procedure... You may well get all the satisfaction you want.

THIS IS HOW YOU DO IT!  (Coming Soon) But PLEASE... don't wait for us. Start browsing the www and..., begin doing some of the things listed here. It is not hard to get JUSTICE.

IT JUST TAKES TIME AND PERSEVERANCE

While waiting and in the meantime...

Wishing it to be so... Will not make your problems go away.

ACT...! DON'T RE-ACT...

DISCLAIMER: I don't know a-heck-of-a-lot about procedural law and the like, such as rules of court, and CALJUR the Jury selection processes... So and hence, this disclaimer.

CHECK WITH YOUR FAMILY LAWYER FIRST...

HIS KIDS NEED COLLEGE MONEY

          Hold cursor over the jpeg icons - And nail the issues down!   

THIS IS NO JOKE!

IF YOU ARE NOT DISABLED AND HAVE NO SERVICE ANIMAL

DO NOT UNDER ANY CIRCUMSTANCE USE THIS INFORMATION

THIS PAGE AND THE "ANIMALS" PAGE IS ONLY FOR:

DISABLED PERSONS WITH SERVICE ANIMALS

WHO HAVE BEEN DAMAGED BY THEIR LAND-LORDS

THERE ARE PROHIBITIONS AGAINST MISUSING THE LAW

Thinking that I was finished with this page other than the "Put-Your-Landlord-In-Jail" Codes, I closed this page up. But... everyone knows and understands Murphy's Law as I just now experienced. No sooner did I close up this page than a rash of these questions came in.

Beginning with "What do you think about volunteering"? I think volunteering is just great. It gives an opportunity for a person to pay back to his country and his community what he or she has received from the community. Personally, I am just about 15 years into being a volunteer. I've enjoyed every minute of the time I've spent that way and learned much.

A couple of questions about "Jury duty". Many people try to get exemption from this civic responsibility. I say responsibility with full deliberation. There are times when a person just can't be tied up for long periods of time serving on a Jury. But this probably is not the case with many of us. My opinion is that Jury Duty is not only a right, but also a responsibility.

Our Federal Code is derived from the Brittish Feudal System of Law. Hence Shire's Reef is turned into Sheriff, etc. Stemming from the Magna Carta (Look in dictionary), any person is innocent until proven guilty by the prosecution. This "justice" accomplished under a system where everyone is treated equal under the law - "equal" as to consideration. In addition, the Magna Carta, and other "human rights type documents" such as The Constitution of The United States, stripped the Feudal "Rights of Nobility and Knights" to "Meet out Justice". i.e., "To measure out their particular Brand of Law as they saw fit - which often was injustice.

This is not so under Napolionic law. That system presumes a person's guilt until he or she proves him or herself innocent - while sitting in jail. One important thing to consider is the term "Whipping Boy" (Check dictionary). "Someone must pay the price" - innocent or not! i.e. the "Crown can do no wrong". Also to consider is that under the United States Constitution a citizen may not hold any  title of nobility. Hmmm... If that is so, why does our legal system permit Esq. (Esquire = Brittish title of nobility) after the designation "Attorney at Law, Esq"?

The first responsibility of any Jury, in particular any Grand Jury, is NOT to do as instructed by the District Attorney. The Grand Jury tells the DA what to do, not the other way around. Doing otherwise is equal to injustice. One more point on this. (Check dictionary on "Peers"). That is right... "equals!" To be judged by "a jury of your peers" originated from when the country was inhabited with villages and small towns. Growing up in such a place you knew everyone and everyone got to know you. Those are the people who "were your peers" and who could judge you presumably without bias. In today's courts, the wealthy from other parts of the country judge the poor whom they have never seen or heard of, etc. This is Justice...? Hmmm.

Just to be sure only... Mind you...

Check with your favorite Attorney at Law, Esq.

Or the DA (= Prosecution),

For Acuracy of this information.

Be Patriotic... Support United States Nobility!

----->   Not!   <-----

As to the above commentary regarding Esquire and "Officer of the Court", a lawyer I've known for a couple of decades, in defense of his "title of nobility" remarked that "It is not a court of law that I'm an officer of nobility, but rather I'm an officer of the Royal Court of England". - My response, "Here in the United States of America...?" Hmmm... Very interesting.

Anyway, on to more productive issues at hand. On the previous page Animals, I cited a few codes that protects Service Dogs - along with various penalties by law for harming such fine animals. It should be noted that as to that particular section of the Penal Code,

GENERALLY, "(c) NOTHING IN THOSE SECTIONS IS INTENDED TO AFFECT ANY CIVIL REMEDIES AVAILABLE FOR A VIOLATION OF THIS SECTION...".

Such a statement in the code usually means that: "After the Court [of the United States] gets through with the abuser of Service Animals and/or their disabled owner(s), the aggrieved disabled owner can also and additionally sue the offender in a Civil Court for damages.

For instance: The land-lord under the Penal Code has been found guilty in a court of law for harming your service dog and you by denying your rights. He or she has been fined and for callously committing heinous crimes against a disabled person and service dog, been put in the county jail to lanquish there for up to one year among other criminals like him or her.

After that judgement against him or her, you may also sue him or her for actual damages such as loss of income, loss of your dog, trauma, etc. (Check with your legal advisor)

Generally I am a very kind, forgiving, and generous person, but stupid people mistake that generosity for weakness. It's human to feel that if a Land-Lord should do such damage to me without any valid or legal cause, I would most likely move out - and then never forget. I would apply every legal remedy constitutionally available against that Land-Lord from hell, that I'm allowed to do under our law, for hurting and damaging me and my family...

My Service Dogs are not only my friends, they are my family! Don't mess with them...

An ancient adage states that:

"He that does upon - forgets. But he that has been done upon - never forgets."

Disabled People Are Vulnerable

Source: Department of Rehabilitation

1. "Did you know that people with disabilities are victims of crime and abuse more frequently than people who do not have disabilities?"

2. "More often than not, that abuse comes from the housing sector where they live".

3. "The Crime Victims with Disabilities Initiative (July 2000 through June 2003) was developed to help people with disabilities be safe from crime and to gain equal access to justice and victim services."

4. "Victimization may lead to a variety of physical and psychological aftereffects. Symptoms can include:

     a. Physical disability as a direct result of the crime;

     b. Depression;

     c. Nightmares;

     d. Fears and phobias;

     e. Overwhelming anger;

      f. Flashbacks;

      g. Substance abuse;

      h. Eating problems;

      i. Gastrointestinal problems;

      j. Headaches, stomach aches;

      k. Physical pains with no known medical origin;

      l. Memory loss;

      m. Learning disabilities."

If you have been, or think you might have been: A victim and are experiencing one or more of these symptoms, you may wish to consult with a professional trained in assisting people who have been victims of a crime and/or attend an "abuse" support group.

Talking to someone about your experience, who can help, may be good for you. Do it!