Service Animal Accommodation Rights

April *: When I initially submitted my application, I was the primary applicant and clearly indicated that I have a service dog to assist with my disability. I communicated this information to the management before my move-in date. However, during the application process, my ex-partner became the primary applicant, and our applications were merged in the AMH back office, designating me as a co-applicant. Unfortunately, the information about my service dog was not transferred to the new application and was completely removed. At our previous residence, we had accommodations in place for my service dog. While finalizing my application at * Rowley Dr, the representative assisting me asked about a letter from my healthcare provider confirming my need for a service animal. I mentioned that I had a letter from * and would be happy to provide a new letter if needed. The representative advised me to temporarily remove my dogs from the application and re-add them later. As a result, the service animal was removed from my application. It is important to note that I have made several attempts to obtain copies of both versions of the application: one with me as the main applicant, which included the service dog, and the other with Bobby as the main applicant and me as a co-applicant. However, I faced resistance. When I contacted customer service at AMH on November *, *, I received confirmation over the phone that both versions of the application were present in their system and that Sarah would need to provide me with the documents. Sarah provided me with the document listing Bobby as the main applicant but flatly refused to give me the one showing me as the main applicant, which would confirm that I informed them of my disability prior to moving in regarding my need for a service animal. Since May *, I have faced unexpected health challenges. I have been in and out of the hospital and recently learned that I may have an autoimmune disorder, potentially lupus, which runs in my family. This has resulted in severe symptoms, including debilitating hip pain, weakness in my knees, multiple kidney infections, liver issues, and unexplained swelling in my feet and ankles. These health problems have significantly impacted my daily life and my ability to maintain work. Additionally, I was diagnosed with a mental health disorder last year that affects my attention, executive functioning, and working memory, which has further complicated my ability to manage my finances and rent payments. In May, due to the ongoing stress, my relationship with Bobby deteriorated, leading to our separation. Bobby moved out to live with his mother, leaving the home to me and the kids. In May *, I was chosen from a random selection for TRAG, under the impression that I would be covered for May, June, July, August, and September *. The signed act stated that it would cover “(I) PAYING RENT IN ARREARS, RENT PRESENTLY OWED, AND RENT UP TO TWO MONTHS IN ADVANCE ON BEHALF OF A GRANT RECIPIENT; EXCEPT THAT GRANT MONEY SHALL NOT BE EXPENDED TO PAY RENT FOR ANY PERIOD OF TIME AFTER JUNE *, *.” Payment was issued in July * for the months in arrears for May and June, for the current month, July, and what I misinterpreted as two months in advance, covering August and September rent. Surprisingly, on August *, a demand notice was posted on my door, giving me until August * to pay. On August *, the expiration date for the demand notice, no timely action was taken. On September *, I emailed Sarah to request a reasonable accommodation: "I am your tenant at * Rowley Dr, Colorado Springs, CO *. I am writing to request a reasonable accommodation pursuant to the Fair Housing Act. I am a person with a disability because I have severe ADHD, anxiety, and an autoimmune disorder that affect my daily living activities. The Fair Housing Act and other state and local laws require housing providers to make reasonable accommodations in rules, policies, practices, or services, as needed to allow persons with disabilities equal opportunities to use and enjoy their apartments. The accommodation I am requesting is to help set up a payment plan for past due rent that has accumulated due to my disorders. This request is reasonable because: *) I assumed the state was covering past due rent and, due to my disorder, I misinterpreted this. *) I recently became ill and have been unable to work, which is why I received assistance from the state to pay my rent. I believe this accommodation is necessary to avoid losing my housing, and I am making an attempt to pay my past due rent to become current and avoid eviction. Thank you, **** McQuilliams." On that same day, Sarah requested medical documents stating my diagnosis, and I sent my formal diagnosis. On September *, Sarah responded: "Unfortunately, this document would not suffice for what I would need. You will need to provide a letter from your doctor stating why your condition affects your ability to pay rent. The document you provided is also more than a year old and does not include the information showing why your condition would cause issues in your paying your rent." Additionally, Sarah stated that she would not accept any rent unless the full amount for August and September was paid, which I did not have. On September *, I sent a referral letter. On September *, Sarah responded: "I am going to forward what you have sent over to our legal department. I will be upfront: I don't see them making accommodations for you based on the responses you have given. We do not have any proof that your ADHD impacted your ability to pay rent. I will let you know what our legal department says once I hear back." In a separate email, Sarah clarified: "This is just a report from an online assessment you took. I need a letter from a doctor specifically stating why you need accommodations for your rent. I don’t just need proof that you have ADHD. It will need to be specific about the accommodations you are requesting. We require the same for anyone requesting accommodations. The letter you provided states your symptoms but not how they affect your ability to pay rent on time." From September * to October *, I patiently awaited a response, but received none. On October *, an eviction notice was posted, and still no response came. On October *, confused by the eviction notice, I sent a follow-up email: "Sarah, I have been waiting for a response regarding my reasonable accommodations request for a payment plan. I have yet to hear back from you; instead, I received a court summons. I am attempting to establish a payment arrangement with you. I feel overwhelmed due to my health issues and my mental disability. My health issues were unforeseen and out of my control. Your lack of assistance in coming to an agreement regarding my debt is making it harder, especially since you stated that I cannot send payment unless it is the full amount, further pushing me behind. I do not want to be difficult; I simply want to work with you to find a solution. This situation has increased my stress and I have to return to the hospital today. I feel you are filing for eviction because of my request for a reasonable accommodation. I have been patiently waiting for your response, and the sudden court documents feel discriminatory. I do not understand why this is happening, as I am trying to resolve this matter." Sarah responded: "Your request was sent to our legal department. I have not received feedback from them. I am not personally authorized to make those accommodations and have to go through several levels of management. Accounts are automatically sent to eviction for nonpayment. I do not have a way to keep you out of those processes. You will need to show up to court for the hearing and plead your case if you cannot pay before the hearing date." In a separate email, she stated: "Company policy is that if the tenant has not paid by the end of the *- day demand, they are automatically sent to the attorney to file for eviction. You would need to make a payment in full to resolve the eviction process. I am not able to make any accommodations unless approved by our legal team. I have not heard back from them. I did request a follow-up on the message I sent to them last week." From October * to October *, I again patiently waited for a response that never came. On October *, concerned about falling further into arrears, I sent another follow-up: "Dear Sarah, I hope this message finds you well. I am writing to address my recent reasonable accommodations request and the subsequent actions taken that leave me feeling vulnerable and discriminated against because of my disability. As you know, under the Fair Housing Act, individuals with disabilities are entitled to reasonable accommodations that allow them to fully enjoy their dwelling. I submitted my request for a payment plan, which I believe is not only fair but necessary for me to maintain housing stability. Unfortunately, the eviction filing and lack of communication regarding my request suggest that my rights may not be fully acknowledged. The demand for payment notice was signed after I submitted my reasonable accommodations request, which I believe denies me my rights. I assure you that my intention is not to evade my responsibilities as a tenant but to find a solution to help me catch up on my rent without facing undue hardship. The rigid payment structure currently enforced is unmanageable for me and contradicts the flexibility included in our lease agreement regarding payment plans. I ask for a prompt meeting to discuss this further and explore potential solutions that respect both my rights as a tenant with a disability and your responsibilities as a landlord. I am hopeful that we can work together to resolve this issue amicably and ensure I can continue to enjoy my home without the fear of eviction. Thank you for your attention to this urgent matter. I look forward to your timely response. Sincerely, **** McQuilliams." On October *, Sarah replied: "As this accommodation is a legal matter, I am waiting to hear back from our legal team on how they would like me to respond to you. These requests are not quick as they must be thoroughly reviewed. The official decision is not up to me. I will let you know as soon as I have further information from our legal team." Later that day, I received another email from Sarah: "AMH is aware of our responsibilities regarding granting reasonable accommodations to allow residents with disabilities full and equal use of the rental property in accordance with Fair Housing law. Before determining whether a requested accommodation is reasonable, a landlord may request written verification that the resident for whom the accommodation is requested meets the definition of disability and that it is needed because of the disability. AMH considers the documentation you provided sufficient to verify your disability, but it does not verify that the accommodation sought is related to and needed due to the disability. To consider the request further, we request additional verification from the same provider or another third party confirming that the specific accommodation being sought is directly related and needed due to your disability. We are not requesting detailed information about the nature or severity of your underlying disability, just verification linking it to your accommodation request. If sufficient verification is provided, AMH will review and respond in writing regarding whether the request will be granted. However, even if verification is provided, a request to indefinitely delay rent payments may be deemed unreasonable as it fundamentally alters the nature of the business of providing housing. However, AMH will withhold final determination pending receipt of sufficient verification and more information from you regarding the specific payment plan you would like to propose. If the verification is sufficient and the accommodation is determined unreasonable, we will continue engaging with you to discuss alternate accommodations." On October *, I responded: "Good evening. I would like to clarify aspects of the definitions you mentioned in your previous email as I have observed discrepancies between your information and what I have been told by the housing authority and regarding the disability act. An accommodation refers to a modification of an existing rule, policy, practice, service, or procedure essential for providing individuals with disabilities an equal opportunity to access or benefit from a particular dwelling. These adjustments are crucial for ensuring that disabled individuals can fully participate in and enjoy the services available to them. I've previously reached out about my ongoing health issues that have caused numerous hospital visits over the last five months. These medical issues, including severe hip pain, weakness in my knees, frequent kidney infections, liver problems, and swelling in my feet and ankles, have greatly affected my daily life. Additionally, I was diagnosed with a mental health disorder last year that impacts my attention span, executive functioning, and working memory. These combined health challenges have complicated matters, particularly concerning the confusion about my rent for August. Therefore, I am requesting a reasonable accommodation to set up a payment plan for overdue rent, as the interplay between my health and mental condition played a role in this misunderstanding. You indicated that I was assessed on October *, *, by 'ADHD Online,' but this was not just an assessment; it was a formal diagnosis by a licensed psychologist. Carolyn Arnold, Psy.D, Licensed Clinical Psychologist, has signed it. The assessment results suggest that individuals with ADHD may face difficulties maintaining attention, executive functioning, and working memory. These issues can disrupt daily functioning, affecting my ability to focus, stay organized, and manage time effectively, making simple activities challenging. The hospital documents I provided indicate a problem with my liver, which constitutes a physical impairment. Landlords may ask only for necessary information to confirm a disability-related requirement. Also, if a requestor continues seeking additional detailed information despite already having enough information to assess the request, this may interpret as a refusal of the initial request. When requesting an accommodation, it is enough for the individual to disclose a disability. A landlord may ask for verification that the tenant has a disability as defined by the Fair Housing Act. They cannot inquire further into the nature or extent of the disability, except to establish the need for the accommodation. An individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Major life activities are activities such as seeing, hearing, speaking, walking, and communicating. An individual's disability can also affect significant bodily functions, including the immune system, organs, and respiratory system. I wish to express my deep concerns regarding the eviction notice I recently received, which I believe is a direct response to my reasonable accommodation request due to my disability. The housing authority acknowledged that I submitted adequate documentation supporting my situation and effectively linked my disability to the requested accommodations. The timing of the eviction notice issued right after this request is alarming and suggests that my efforts to exercise my legal rights are being met with discrimination. The law prohibits retaliation against individuals who engage in protected activities such as seeking accommodations. I feel that my rights are being infringed upon, and this entire situation is unfair and intolerable. I sense a reluctance on your part to work with me to resolve this issue, especially given your repeated demands for more documentation to validate my disability. I have already provided a formal diagnosis detailing my condition and its effects on my daily life. Furthermore, the eviction notice's timing implies a refusal to acknowledge my right to reasonable accommodations. I also want to state that I originally made my reasonable accommodation request on September *, *, not September *. On October *, Sarah responded: "I have forwarded your response to our legal department. My previous email was directly addressed by our legal department. I will await their guidance on how to proceed. They want to know exactly what you are asking, as we cannot allow you to live in the property rent-free. Can you provide a timeline for the type of payment plan you are looking for?" I replied: "I have decided to formally lodge a complaint with the housing authority due to violations of my rights in this situation, which has escalated unnecessarily. It is disheartening that we could not resolve this matter amicably. Instead, I have faced retaliation through the initiation of eviction proceedings, resulting in mounting attorney fees. Furthermore, you have prevented me from paying my rent for September and October, increasing my arrears and leading to unjust late fees. This could have all been avoided, and I feel my rights as a person with a disability have been compromised, particularly after I requested necessary accommodations. I am not seeking to live rent-free; I never claimed that. I have the funds for September and October rent available, yet my requests for reasonable accommodations have consistently been denied. I provided adequate documentation to support my case, but you continue to ask for more information. After my original request for accommodations on September *, it took a month to receive a response. I was informed that my request had to go through four levels of management before reaching legal counsel, complicating this straightforward request for a payment plan regarding my August rent. Your actions, along with those of your legal team, indicate a refusal to accommodate my request or engage in negotiations. By proceeding with eviction, you further infringe upon my rights. This situation has caused me significant stress and highlighted a lack of understanding and support for individuals with disabilities. I hope that by bringing this matter to the housing authority's attention, we can address these issues and work towards a fair resolution. The failure to include my service dog in the initial application process undermines my rights and highlights a concerning pattern in property management practices regarding individuals with disabilities. This oversight must be addressed to ensure compliance with legal obligations and uphold the rights of disabled tenants. I believe that the treatment of tenants needing additional support must be reviewed and addressed. It is essential for property management to create an inclusive and supportive environment for all residents. Neglecting this need compromises the well-being of affected individuals and undermines the integrity of the management team. I kindly request a thorough review of my situation, including the reinstatement of my service animal in the application and consideration of my reasonable accommodation request. on November *,* I had virtual court for the eviction notice that was posted on October 8th. I currently find myself in distressing situation following the recent court proceedings, during which my request for accommodations related to my mental disability was dismissed by the presiding judge. The judge's reasoning indicated that my mental disability did not qualify for accommodations under the existing rules or policies, suggesting that such accommodations are restricted to physical modifications of the living space—examples she gave was the installation of a ramp or the alteration of countertop heights. This ruling leads to a troubling implication: that individuals such as myself, who navigate the challenges of mental disabilities, may not be afforded the protections guaranteed by law. Such an assertion is profoundly concerning, particularly in light of my Nexus letter, which elucidates the connection between my disability and the accommodation I sought. It is disheartening to note that the judge did not engage in a dialogue regarding the specific nature of my mental disability, nor did she take the requisite time to understand how it profoundly influences my daily life and my ability to meet my housing obligations. This lack of inquiry raises significant questions regarding the judge's impartiality and her understanding of the complexities inherent in mental health disorders. It seemed as if there was an unspoken bias undermining the legitimacy of my condition, which contributed to a discriminatory atmosphere within the courtroom. Such an environment not only diminishes the dignity of individuals like myself but also perpetuates a cycle of misunderstanding and stigma surrounding disabilities. Furthermore, The circumstances surrounding my case, when viewed in conjunction with the apparent bias displayed by the judge, have left me feeling marginalized and vulnerable. This lack of consideration for my unique situation places my family and me at significant risk of homelessness —a harrowing outcome that weighs heavily on anyone, but is particularly devastating for individuals living with disabilities. It is imperative that individuals facing eviction are afforded a fair opportunity to present their cases, especially when their rights are intertwined with their status as individuals with disabilities. The judicial system is ideally positioned to as a protector of these rights, that all parties involved are treated with the dignity and respect they deserve. Unfortunately, my experience has led me to question whether this foundational principle was upheld in my case. I am left with an acute sense of injustice, deeply resonant in my awareness that the legal system, which is ostensibly designed to provide protection and fairness, may not have fulfilled its critical role in my situation. In light of these troubling issues, I feel as if this matter needed to be brought to your attention. As I believe It is vital that the judicial process remains fair and equitable for all individuals, regardless of weather a person has a mental or physical disability. Causing me to have to miss work and costing me more money to find another home I moved out December * and Sherriff was due to come out the following day i also have a Nexis letter