Question
Hello Mary,

I hope you can answer this for me...I read that you are familiar with service animals, but I'm not sure it this applies directly.

I am diagnosed and substantiated as disabled with severe, chronic depression. I have been legally disabled and receiving SDI for 14 years now. I have lived ALL ALONE at my current residence for 14 years WITH MY CAT "kita" who has been my constant companion and roommate for all 14 years. In this span of time the Landlord has been replaced three times and with each new manager...some rules change...

When I moved in 13 years ago...the Landlord knew of my difficulties and required a co-signer (dropped after five years), the first month's rent and it was agreed I would make partial payments of the rental deposit. At the time, pets were allowed with a $50.00 pet deposit...

However... the Landlord waived the $50.00 pet deposit fee for me and my contract has read...(1) black cat...$0.00 Pet Deposit...ever since. Other tenants that have moved in through the years have been required to pay up to $150.00 per pet in deposits per pet...BUT...  

MY PROBLEM IS...my kitty cat recently died in September 2008 as she was long in years...AND...Last year the rules changed again...NOW...

NEW TENANTS are NO LONGER ALLOWED TO HAVE PETS.

I have (1) cat with $0.00 deposit written into my lease... and...I AM NOT...A NEW TENANT...but...they say my contract will have to be changed to reflect the current rules of the complex...QUESTION...???

Since I am DISABLED...and...PETS INCREASE THE QUALITY OF LIFE...for the disabled and the elderly...IS THERE ANY LAW OR LOOPHOLE I CAN USE THAT WILL LEGALLY ALLOW ME TO CIRCUMVENT THE "NEW RULES" and OBTAIN ANOTHER PET TO SERVE AS A "THERAPEUTIC" COMPANION?...

As I said, after all these years, I still suffer from depression and at times when I thought of suicide...what stopped my was my thoughts..."WHO WILL TAKE CARE OF MY 'KITA' KAT" ...as much as I wanted to "go home", I didn't want her to be put in an animal shelter or left to roam the streets..she saved my life many times...

Any light you could shed on the subject would be most appreciated...as I could make a decision to stay or move based on what I find out...
Thank You...Susan  

Answer
Susan...

With a doctor's note you would qualify for protection under HUD regulations.  No pet deposit is to be paid under these regs. But you will have to pay your landlord if the animal does any damage...just so you have a heads up.  Go to your doctor and have him write a note stating you have a disabling condition that can be mitigated by having a companion animal.  Take it to the manager and state under HUD regulations you are entitled to a companion animal.  Notice I did not say service animal.  There is a huge difference.  Service animals are allowed public access and companion animals are allowed to live in no pet or pet friendly housing and no pet deposit is charged.  They don't charge for service animals either.

Contact me again if something should go awry and I will help you with the landlords noncompliance.

Mary E. Marques-Caramico