Evicted for a Service Dog?

by Martin Matheny · 2010-04-18 11:54:00 UTC
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A 78-year-old woman in Florida and her husband face potential eviction over the woman's therapy dog. Verdie Cook and her husband, Kenny, adopted Lucy, a Boston Terrier/Chihuahua mix last year, after Cook's doctors suggested a pet could help her cope with anxiety, depression, and the early stages of Alzheimer's disease. Back in February, the Holiday Mobile Park in Lake Eustis, Florida gave the Cooks an ultimatum: Ditch the dog or find a new place to live.

The good news for the Cooks (not to mention Lucy) is that the law appears to be on their side. Let's go to the smart people at the Judge David L. Bazelon Center for Mental Health Law, who say, "[b]ecause emotional support and service animals are not 'pets,' but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its 'no pet' policy so that a tenant with a disability can fully use and enjoy his or her dwelling."

It's worth noting that, if Verdie Cook were blind or hearing-impaired, and needed a service animal, this wouldn't be the slightest bit controversial.

There appears to be a little societal prejudice against the use of companion animals in treating mental and emotional disorders. You can't walk far in any major urban area without seeing someone benefiting from a service animal, usually a guide dog. Lots of us see the tangible results of assistive animals every day; it's just not a controversial subject any more.

For assistive animals in psychiatric medicine, it's a little less obvious. Fortunately, science tells us that the use of animals in helping mitigate mental and emotional disorders is actually pretty effective. One study shows that 84.4 percent of those surveyed reported a lessening of psychiatric symptoms after hooking up with a psychiatric service dog. Even better, 40 percent reported a decrease in their use of medication. Pugs, not drugs, as it were.

So what does this mean for Verdie Cook and her landlord? Well, in the landlord's case, it's time to get over it. The Fair Housing Act (and a couple of other laws) seem to indicate that he's got to do the right thing here. It's worth pointing out that accommodating Verdie Cook isn't going to cause a run on dog-adopting over at the Holiday Mobile Park; you need the equivalent of a prescription in order for FHA to protect you. A little faith in the medical profession is in order here.

In Verdie's case, this is one time that the law works, we hope. She's got a lawyer and, as far as I've heard, they're fighting this thing, as they should. Here's hoping Verdie Cook, her companion, Lucy, and the rights of Americans with mental or emotional disorders stay protected.

Photo credit: Beverly & Pack

Martin Matheny is a political consultant and animal welfare writer based in Athens, Georgia.
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