my child is gettin a sd from an organziatin our landlord wants a prescription from a dr but her dr isnt allowed to write them anymre(none of the drs at that place can). the florida statute just says the can request proof of vaccination but nothing else it doesnt say they can request a prescription. with the law allowing people to owner train a service dog i dont see how if we are getting one from an organziation that the landlord can require documentation of a prescription and wants our drs info to contact themselves?!
You should consult with a good local disability law attorney. These questions are typically far too sensitive for on line discussion. In general however, I will assume that you are aware there are two different animals out there of which you may have heard; one is an ESA or Emotional Support Animal, and one is a PSD or Psychiatric Service Dog. They are two different classifications in the law, and they mean two different things.
Here's a link to the Florida Law:
For a Psychiatric Service Dog, one-FIRST typically needs to be able to establish that THEY have a covered "disability."
Understandably, the required disability needs to be verified in some way by a medical professional, not just to give the landlord proof that it is a true service dog - but as support for any discrimination complaint you might later bring. The point is, having a dog TRAINED to be a service dog, gets one NOWHERE (not even half the way there) in this context. A person has to have a disability to begin with; they have to be able to PROVE that; and then show that the dog assists in coping with that disability in some way. And this verification does not have to (should not) contain ANY detail. JUST that the person has a covered disability with which the service dog assists. One also need to be provide proof that the dog has been properly trained, either through a trainer/school, or if owner trained, just a log of what's been done.
Now, IN GENERAL, and from what's out there, it looks like residential landlords can require written verification from the tenant’s health care provider that they are disabled within the scope of the statute; (but they cannot ask for any specifics about the disability) AND they may enquire written verification from the tenant’s health care provider that the service animal is needed with respect to the disability. Many folks refer to this as a "prescription" but as a real estate/appellate lawyer (not one well versed in disability law) but it may be that your daughter's doctors can provide the "written verifications" the landlord requires without actually writing a "prescription.' If not see another physician who can.
Once again, this is a real estate lawyer's perspective (as you posted here); but you should really run this by a good local disability lawyer (what I know!).
Hope tis helps. Good luck!
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
As a tenant lawyer I can tell you the ADA/FHA welll has been dipped into far too often with the ESA vs. service animal as a vehicle to have a self trained pitbull service or ES animal. The LL can ask for more than simply vacicnation records, such as specifically what tasks are that the animal provides and to confirm its for a disability. As 99% of "self trained" service animals are a sham to allow undesireable family pets in a rental environment, many LL are now openly challenging the legitimacy of the claim, and if your doctor won't back the need up in writing, which is usually because they won't put their license or credibility on the line, you may have a great deal of difficulty overcoming such a challenge, regardless of the breed, but especially if its a "no-go" breed for rental like pitbulls, Staffordshire terriers, dobermans, mastiffs, rottweilers, etc. On the other side of the spectrum a LL takes a HUGE risk if it turns out there is a legitimate need for a service dogs, relative to lawsuit for damages and legal fees. If there is a need to address this, you will need to retain a lawyer to intervene and either get the LL on the right page or pursue a lawsuit against the LL for violating the FHA/ADA regulations. DO NOT let the LL file an eviction lawsuit without already having a lawyer that has examined the issues and supports your contention.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline