Disability, Accomodation Emotional Support Animal Accomidation

L

leomom

Guest
Jurisdiction
California
I have been dealing with a situation regarding my Emotional Support Animal and our housing unit. I have been living in the same unit of a student housing community for two years with my support animal of 15 years. In this housing community, tenants typically "rent by the bed space" so typically there are four students to a two-bedroom unit. In April the resident managers had placed a new tenant in the unit. After a few weeks, said new roommate began bringing a guests pet inside the unit. This animal compromised the safety of my support animal, his ability to perform his therapeutic duties, and also heightened my emotional and behavioral issues. I had confronted the roommate as well as the resident managers about the situation and we all collectively agreed that for the safety of my support animal and myself, no other animals are to enter the unit. Months later, said roommate acquires a dog and claims it as a support animal. Once again, the safety of me and my support animal as well as his ability to perform have been compromised. When confronting resident services they responded with great unprofessional rudeness and had stated that they cannot force the roommate to move and cannot relocate her because of the service animal. Of course the roommate continues to refuse to move regardless of the injustice she has created. It has continually affected my emotional state to the point of needing to seek medical help. I am desperately seeking legal advice to question what rights my service animal and I have collectively and if there is any legal action that I can take to remove the roommate as soon as possible.
 
what rights my service animal and I have collectively and if there is any legal action that I can take to remove the roommate as soon as possible.

Animals have no rights.
You have certain afflictions which purportedly allow you to claim "service animal".
I knew this day would come, and darn if it hasn't arrived.
The female suffers from afflictions which allow her to claim, "service animal", too.
Oh my, the delicious irony of it all.
Your affliction can't trump hers, and vice-versa.
Now you must learn to live together, unless one of you decides to back off.
You've been outsmarted, mate.
To the female, well played, well played!
 
I am desperately seeking legal advice to question what rights my service animal and I have collectively and if there is any legal action that I can take to remove the roommate as soon as possible.

Your roommate has just as much right to an ESA as you do.

There is no court anywhere that's going to remove the roommate.

However, you are free to remove yourself (and your ESA) from the situation if you don't like it.
 
What jack said. I don't see how her animal prevents yours from providing support or why this should make you unsafe or affect your emotional state.

In any event, you both have an equal entitlement to your animals. If you dislike living with other animals, you can move. You can not insist she move or not have her animal because you had one first.
 
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