“RespectAbility” Newsletter - TEXT ONLY VERSION
A publication of Tri-County Independent Living
Vol. II, No. II March 2007
No Pets” Rental Policies &
Your Service Dog
You’re looking for an apartment to
rent and you have a service dog. You
see the following apartment listing in
the newspaper:
One bedroom for rent: Near downtown,
downstairs apartment in duplex.
Has gas heat, one bath, carpet/vinyl,
stove, refrigerator, w&g paid, small
yard.
It seems perfect for your needs until
you read the rest of the ad:
…..will consider small pet (under 20
lbs) w/higher deposit. $575 w/o pet or
$600 w/pet, plus $800 deposit w/out
pet, $900 deposit w/pet. Vacant now.
“Uh-oh,” you think. “$575 was
stretching my limited budget and $600
is just too much. And I can’t come up
with that extra $100 deposit. Oh well!
My service dog is way over 20 pounds
anyway, and a diet won’t make any
difference.”
This listing is actually based on
those found in local property management
web sites as well as in the newspaper
classifieds. They could be discouraging
for anyone looking for a
place to rent if you have a service animal.
And they are fairly typical.
However, you need to remember
that it’s illegal to deny someone an
apartment because of a service dog
and it’s illegal to charge them more
if they have one.
Rights for people with service dogs
are protected at the Federal level primarily
by the 1968 Fair Housing Act
(FHA), amended in 1988 to specifically
cover people with disabilities. California
State law also offers even tighter coverage.
So don’t give up on such apartment
rentals.
The FHA covers you if three conditions
are met, including: 1) you have a
disability, 2) the animal serves a function
directly related to your disability,
and 3) the request to have the service
animal is reasonable. If those conditions
are a go, then the Act requires a
landlord to allow tenants with disabilities
to make reasonable and practical
accommodations to their policies and
operations to afford people with disabilities
equal opportunities.
Furthermore, at the State level, the
California Fair Employment and
Housing Act of 1990 provides that:
“Disabled individuals have the
right to rent, lease, or buy housing
[bold added] accommodations free
from discrimination by anyone who
rents or sells housing, financial institutions
and persons making, printing
or publishing advertisements. Allows
a disabled individual to keep a service
dog, even if pets are not ordinarily
allowed in the residence…”
But are service animals “reasonable
exceptions” according to the
FHA you may ask? If so, then why do
the rental ads say such things as “no
pets” or “cats only considered” or “will
consider dogs under 20 pounds
only?”
Well, according to the FHA service
dogs (animals) are not defined as
“pets,” so are not subject to the same
restrictions. The Act also does not
distinguish between certified service
animals, non-certified ones, those
which provide psychological support,
and service animals in training that
are with the people for whom they’ll
be working. Therefore, if an ad says
“no pets” it does NOT apply to your
service animal.
Shouldn’t the ads/listings make a
note of this fact? Well, the landlords
are gearing the ad for
people who do not have
service animals and are
not going to list all of the
exceptions to the rule.
They can also charge
extra to such individuals
for the pets that are not
service animals or not
allow them at all.
Still, you may want
reassurance that you
won’t be charged extra
because of your service
animal. Should you then call and ask
specifically about that? This appears to
be a double-edged sword. You are
NOT required to mention service dogs
during the application process, but the
subject will probably have to come up if
you’re approved and working out the
lease. Landlords can require you to fix
damages caused by a pet and they can
set certain restrictions.
Landlords cannot make specific
inquiries about your disability according
to the FHA, but can ask you to provide
some reliable professional documentation
(not medical records) that confirms
the disability and that the accommodation
is needed for the person to reside
in the housing.
If they do say “hey, I need to
charge an extra amount in the security
deposit (or rent) because pets
cause all sorts of problems and can
damage my place,” then they ARE
breaking the law according to the
FHA! This is also specified in
California (Civil Code
SS54.1):
“…..it is unlawful housing
discrimination to refuse
the rental of housing [emphasis
added] accommodations
to (1) an individual who
is blind or visually impaired
on the basis that the individual
uses the services of a
guide dog, (2) an individual
who is deaf or hearing impaired
on the basis that the
individual uses the services of a signal
dog, or (3) an individual with any
other disability on the basis that the
individual uses the services of a service
dog. Nor may a landlord refuse
to permit such an individual to keep a
guide, signal or service dog on the
premises or require an additional
security deposit for such dogs.”
As mentioned, that does NOT
mean that you are not responsible for
any damage caused by the service
animal. It also doesn’t prevent the
landlord from “reasonably” regulating
the dog’s presence on the premises
by including terms in the lease. The
key is for both parties to be reasonable.
If your dog tears apart the carpeting or
pees on it repeatedly, then you are
responsible for replacing or cleaning
the carpet, just as any good tenant is
expected to fix such damage.
What if you are approved for a
rental, divulge that you have a service
animal and then there is a change in
the rent or security deposit amounts
from what was originally stated in the
ads/listings? In this case, the landlord
is violating the law.
So, this law doesn’t allow landlords
to charge extra for a security deposit.
However, it doesn’t say anything about
charging more for rent if you have a
service animal. So does that mean they
can charge you a higher rent for having
a service animal?
No…because that would be discrimination
according to the FHA and
California laws as well. They require a
landlord to allow tenants with disabilities
to make reasonable and practical
accommodations to their policies and
operations to afford people with disabilities
equal opportunities. Service
animals clearly qualify as “reasonable
exceptions” that are necessary to give
people with disabilities “equal opportunities”
to rent a dwelling.
Finding a place to rent is a difficult
process in itself and those with service
dogs should not have to face the additional
stress of wondering “will they let
me have my dog there?” Remember
that you are legally protected. Usually
landlords will know this too but if not,
then they’ll need a gentle reminder…at
first.
If you’re experiencing any problems
with trying to rent due to your service
animals, be sure to give TCIL a call!
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“Feet, what do I need you for
when I have wings to fly?”
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Newsy Bits ‘n Bytes
MiCASSA Bill Needs Support
The Medicaid Community Attendant Services
and Supports Act (MiCASSA) is proposed
Federal legislation that supports people with
disabilities so they can continue living in their
communities. It frees up more Medicaid dollars
for this purpose by providing equal access to
community based attendant services and supports.
The latest version of the bill is S401 and
HR 910 and few California legislators have
signed on to them yet. Be sure to give them
your views on this bill!
Vermont Offers Choice of Home Care
The State of Vermont, in October 2005,
initiated a program called “Choices for Care”
which gives seniors and disabled residents
greater support for living at home and out of
institutions. Vermont offers pay of about $10 an
hour to family members or friends to care for
loved ones at home and, according to State
officials, over 200 Vermonters have been able
to stay at home since the program’s start. They
report the need for 156 fewer nursing home
beds.which, they say, cost an average of $156
a day versus just $80 a day for home care.`
See NEWS continued on page 10
NW Committee Award Nominations
The Northwest Committee for Employment of
People with Disabilities (NCEPD) is currently
accepting award nominations for its 14th Annual
Recognition Luncheon, scheduled for 11:45 a.m.
to 1:30 p.m., Thursday, May 3 at the Red Lion
Hotel in Eureka.
This event recognizes individuals and organizations
in Humboldt County that have
gone the extra mile in working with, and
employing, people living with disabilities.
It also recognizes outstanding employees
living with a disability at these organizations
as well as individuals with a disability,
whether they are employed or not,
who are involved in community activities.
Awards will be given to in the categories
of employers, service providers, the
media and people with disabilities.
Official nomination forms and criteria
are available from the NCEPD, Department
of Rehabilitation, 310 Third Street,
Eureka, 95501 or by calling Michael Proulx at (707) 445-6659.
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RCAA Offers Home Repair/Rehab
Loans
Are you a low-income homeowner or
renter living with a disability? The Redwood
Community Action Agency’s
(RCAA) Housing Rehabilitation Program
in Eureka may be able to assist you with
low-interest and deferred loans for
needed repairs and/or necessary modifications.
The RCAA has funding from the
California Dept. of Housing & Community
Development for assistance in the cities
of Eureka, Blue Lake, Arcata and Rio
Dell, as well as in unincorporated areas
of Humboldt County. The program also
applies to landlords willing to sign a rent
limitation agreement.
For further information and the status
of currently available programs,
contact RCAA at 707-269-2033. You
can also check out their web site at
www.rcaa.org.
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Berkeley Recognized as Most
Accessible City
The National Organization on Disability
recently awarded the birthplace
of the disability rights movement--
Berkeley--as the nation’s most accessible
city for people with disabilities.
San Francisco was also recognized
among the top ten. Berkeley received
particular accolades for its affordable
housing complex for people with disabilities,
a low-cost taxi service for
people with disabilities, accessible
parks and disaster preparedness plan
for the disabled, and emergency attendant
services funded by a city tax.
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Woo-hoo Cindy!!!
Everyone connected with Tri-
County Independent Living and affiliated
organizations knows that our
Systems Change Advocate, Cindy
Calderon, is an enthusiastic, caring
and tireless advocate for the rights
of people living with disabilities. She
was recently recognized by her
peers at the SCNetwork’s statewide,
annual all-advocates meeting as cowinner
of the Spirit of the Advocate
Award.
Congratulations Cindy!
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The Squeaky Wheel II: Riding the
Wheels to City Hall (...or
Sacramento)
What’s that saying that’s been around
as long as politics? Oh yeah…..
“You can’t fight city hall!”
Well, that’s a load of baloney (tofu if
you’re vegetarian)!! If you don’t fight city
hall—or Sacramento or DC—once in a
while then what’s the point of democracy?
Therefore, I prefer the quote by a
rather well-known advocate by the name
of Mahatma Gandhi:
“Be the change you want to see in this
world.”
And follow it up with what, contemporary
rock musician Patti Smith says in a
song about Gandhi:
“Get ‘em with the numbers.”
But talk is talk and this article is all
about action….and advocacy for your
rights. In the last issue of RespectAbility,
we discussed taking action through such
methods as letter writing, phone calls to
politicians, letters to the editor, and the
like. Now it’s time to turn up the heat,
demand accountability from your politicians,
be more visible (also known as “in
their face”) and give a human face to
your issues.
That doesn’t necessarily mean holding
up signs and blocking building
entrances…at least at first. It can mean
such efforts as going to a City Council
meeting or busing down to Sacramento
for Capitol Action Day (see page 14 in
this newsletter for details on that).
“I believe in sustainable action,” says
Consumer Advocate, Jene L. McCovey
of Arcata, who has worked on disability,
health and environmental issues for
decades. “If your letter is followed by a
phone call or a personal visit, then you
engage people to action and your action
becomes sustainable.”
Obviously, a personal visit requires
more commitment of time, energy and
planning. You may not be able to do it on
your own, so why not take advantage of
actions organized by larger groups?
A good example of this is the Capitol Action
Day organized by the California Foundation
for Independent Living Centers
(CFILC). Groups of individuals living with
disabilities, as well as other supporters of
disability rights, travel to Sacramento to
spend a day knocking on the doors of
their legislators, speaking with legislators
about disability issues/legislation, and
making their presence known in the state
capitol in LARGE numbers.
To see the faces/reality behind an
issue can have a powerful effect on legislators.
During these action days it’s typical
for groups of people to visit their legislators
and in so doing, you’re reminding
them that you are constituents and VOTERS
as well. But it’s the human stories
that legislators need to hear and which
can move them as well. Don’t be afraid to
tell them exactly what you’ve experienced
and how it has affected you.
Raising advocacy to the next level can
also involve targeting specific bills in the
legislature and tracking them. Of course,
this can be complicated and time-consuming
for the typical citizen, especially if
you do not have internet access. There
are organizations that devote time to
tracking issues of interest, although the
level of resources they may have for such
efforts will vary according to the budgets
of those organizations.
If you do have internet access, it’s
another story.
“It is easier to get involved these days
if you have a computer,” notes T.R. Wilson,
who has been active on disability
issues since the 1980’s. “There are so
many web sites connected to groups and
to government. You can research and
become knowledgeable on so many
issues.”
The internet allows you to regularly
check out the California State Senate
and State Assembly web sites to track
bills. Such information may also be accessed
at the California Foundation for
Independent Living Centers site and you
can often sign-up for email alerts about
legislative activity. Without internet access
you may have to network with individuals
that do have it, call organizations
such as TCIL that attempt to track relevant
legislation, or get on a snail-mail
mailing list. Events can often happen fast
and furious in Sacramento and it can be
frustrating to try and keep up with them.
“I find it useful to visit committee
people, knock on doors, and identify the
staff who deal with aspects of disability,
health and environmental issues,” notes
McCovey. “Become acquainted with
those staff, send them letters, and follow
them up with phone calls.”
Once again, the squeaky wheel gets
the grease. At the very least, someone
who didn’t notice the squeak before may
now be aware of it.
If there is legislation that you feel
strongly about, consider testifying at
committee hearings on that legislation. If
you are at all active, then advocacy
groups are always looking for people who
can do this and provide the real stories
behind the language contained in that
legislation. For instance, if a proposed
budget cut will affect your public transportation,
then legislators should hear that
you won’t be able to get to your job or get
groceries if that happens.
At the local level, city hall is much
more (physically) accessible and it’s your
right to attend public meetings of such
elected groups as the city council. There
is always time reserved for public comments
and this is your opportunity to give
the politicians an earful…within reason. If
you don’t know when your elected body
meets, check out the community’s web
site for meeting agendas, give city hall a
call, look in your local newspaper, or call
us at TCIL.
Another thought is to hand out flyers
on your issue at a public meeting or other
event. You can also volunteer to staff an
information table/booth at an event such
as the North County Fair. These provide
excellent opportunities to communicate
with the general public, who may know
little or nothing about your cause.
Repeated appearances at city hall or
letters to Sacramento, of course, may not
have satisfactory results for your cause.
After a while, your voice may fall on deaf
ears or officials may dismiss the same
faces if they see them too often and not
anyone else. At that point, how can you
get them to pay attention? Once again,
as Patti Smith says: “git ‘em with the
numbers.”
“Find people who have life energy,
who have the same or similar goals, find
them and work with them and walk with
them,” advises McCovey. “You feed off
their energy and the collective mind is
made bigger because you share. It’s
calming to know you’re not alone, that
there are other people who share your
cause. It helps you stop wasting your
own energy too because others can take
up the slack.”
This advice is particularly appropriate
for direct actions such as pickets/protests,
sit-ins or group visits to issuerelevant
individuals, businesses or organizations.
You can feel lonely and vulnerable
holding a sign that says “End discrimination!”
while standing in front of the
court house and not everyone is brave
enough to do that by themselves. In a
group, however, there’s a sense of
shared purpose, moral support, and
empowerment. For those who have
marched in a large protest, attended a
rally or walked a picket line, you know
what a rush of positive energy and sense
of support they can provide.
City hall should, at the very least,
acknowledge the numbers. They’re also
quite noticeable to the press,
who can
draw more attention to your cause, as
well as the general public. They will then
attach faces to your issues. The saying
“out of sight, out of mind” is certainly an
appropriate one, so you want to use
direct actions to be both “right-in-sight”
and “in-mind!”
If you can’t make it to Sacramento (or
DC), but want to participate in a direct
action with your State and National
elected leaders, they usually operate
local offices somewhere closer. A protest
at the Eureka office of a Congressman,
for instance, may not be witnessed by
that person, but his/her aides and the
press will certainly pass on the word!
Okay. Sit-ins. Civil disobedience. The
disability rights movement has been
built on them. I think we’re out of time
for that one, folks. We’ll continue this
discussion in a future issue. Then, of
course, there’s the whole subject of
taking someone to court.
In the meantime, think about going
to a City Council meeting and speaking
your mind on an issue you feel strongly
about. Or sign up for Capitol Action Day.
You may be surprised at how good it
makes you feel to speak out. Or as
Jene L. McCovey says:
“Take courage and take care of
what’s important to you!”
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Disability Capitol
Action Day!!
May 23, 2007 Sacramento
People with disabilities from all corners of California will come together to
let our voices be heard! We will be prepared to protect the services and
issues that are important to us. Please contact TCIL for more information.
Some scholarships will be offered to attend this event. Be a part of the
decisions being made by YOUR elected officials. Join us for a day lobbying
YOUR legislators and rallying i support of
issues important to you.
Contact TCIL at (707) 445-8404 for more information
or if you’d like to attend this event.
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The Humboldt Community Access & Resource Center recently
expanded Dial-a-Ride/Dial-a-Lift services. They are available to
residents living in the following areas: Humboldt Hill, Ridgewood
Heights, King Salmon, Fields Landing, Samoa/Manila, and Old
Arcata Road. Eligibility guidelines, maps and applications are
available at Humboldt Transit Authority (443-0826). You can obtain
tickets at Humboldt Transit Authority, Eureka City Hall, and
Arcata Transit.
Be sure to take advantage of the increased opportunities for
community access. For more information call Richard Farfan,
HCAR Transportation Coordinator, (707) 443-7077.
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Arcata Artist Wins National Award
Mandi Ziino Explores Emotions & Nature Through Digital
Photography, Painting & Poetry
Mandi Ziino’s digital photographs
harmonize with their subject matter.
That’s why simple titles suffice for them,
such as “Eye,” “Light,” and
“Storm.” They brighten with the
light, wander behind the eye,
gather with the storm.
They represent her experience
as an individual. One who
just happens to live with a
disability. They are also gaining
her recognition as an artist, as
is evidenced by a recent award
she received.
Mandi, currently a Arcata
resident was recently recognized
in 2006 for her photography
through a $2,000 Award of
Excellence from VSA Arts—an
affiliate of the John F. Kennedy
Center for the Performing Arts—
and Volkswagen of America.
VSA Arts is an international, nonprofit
organization founded in
1974 by Ambassador Jean
Kennedy Smith to create a society
where all people with disabilities learn
through, participate in and enjoy the arts.
The contest was aimed at artists with
disabilities aged 16 to 25 and winning
works were on display at the S. Dillon
Ripley Center of the Smithsonian Institute
in Washington through Nov. 30, 2006.
Arcata Artist Wins National Award
Mandi Ziino Explores Emotions & Nature Through Digital
Photography, Painting & Poetry
Arcata’s Mandi Ziino in
front of her painting,
“Mental Chaos,” on display
in the MDA’s Art
Collection.
The exhibit, called Destination Anywhere,
is currently touring the county
and can be viewed on-line (including
Mandi’s work) at
www.vsarts.org. Mandi’s
honored piece is a
digital photo called
“Hidden.”
In addition Mandi,
who has spinal muscular
atrophy (a form of
muscular dystrophy)
has an oil painting
called “Mental Chaos” in
the MDA Art Collection.
This can be viewed online
at www.mda.org.
Her photo, “Mind’s Eye,”
has also been on exhibit
at the Kennedy
Center.
Mandi has always
had an interest in art,
particularly in painting.
She says that after
taking a photography
class at the University of Montana, her
interest in that medium grew. She
ended up receiving her Bachelor of Fine
Arts in photography with a minor in
media arts. Currently, Mandi’s art is
featured on Experimental
Artists (www.experimentalartists.com)
along with the music of her husband,
Robert Ziino.
“Art has always a
been my sanctuary,”
she says. “I’m unsure
what it is like or what
I’d be like without my
disability. I’ve never
been without it. I do
know that I am the
person I am because
of it and for that I am
grateful. My art calms
my soul and allows
me to process the
reality I am in.”
This is very clear in her photographs.
They are condensed to the
essence of what she perceives in
these things. They capture the feel of
movement, the richness of color, the
balances of nature. She immerses
herself in the subject matter.
Mandi’s paintings seem to push that
sensory reality further, mixing in her
unique perspective, intensifying colors
as with emotion, and infusing them
with an energy of movement that translates
into swirls and twists and collisions.
“My inspiration is taken from my emotions/
mind when I paint. With photography
It’s whatever catches my eye. I explore
my emotions or release them—
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HEADLINE: Tri-County’s List of Services
TEXT:
Tri-County is an independent living center because it is a consumer-controlled, community-based, cross disability, non-residential, private non-profit agency designed and operated within a local community by individuals with disabilities. Independent living services are designed to maximize a person’s ability to live independently in the environment of their choosing. Some of the services we provide include:
Information & Referral
All too often people become confused or discouraged by the complexities of the system, and they never find out about the programs and services that might be able to help them solve their problems. Because they don’t get help, bad situations tend to get worse We offer information and referral to break that cycle by providing information so that people can find out where they can turn and what they can do to help themselves.
Individual & Systems Advocacy
Our work in the community seeks to make a difference in the lives of individuals with disabilities by removing barriers. Individual Advocacy efforts focus on accessibility to public service, education, and benefits issues. Systems Advocacy centers on efforts to enhance and support local, state, and federal legislation on a variety of disability-related issues. These efforts attempt to reinforce and support public policies that provide opportunities for individuals to live independently.
Housing Assistance
We provide self-advocacy training on how to look for and keep affordable, accessible housing, identify resources that can support independent living, negotiate with landlords, understand their tenant rights, and how to remove architectural barriers. We assist with applications for HUD, Section VIII housing and Renter’s Rebates. We maintain a current list of available rentals. Tri-County does not own housing or run a residential facility.
Assistive Technology (A.T.)
We provide consumers with information, referrals, and services regarding the latest in A.T. devices that can assist them in their daily lives. These devices include everything from Velcro strips to voice recognition software, electric wheelchairs to hearing aids.
Peer Counseling
Peer Counseling offers the opportunity for individuals to work with people who have personal experience with disability issues, creating an atmosphere of mutual understanding. We offer this service either one-on-one through an Independent Living Counselor or in a small group setting.
Independent Living Skills Training
IL Skills Training provides assistance in accessing and developing the skills individuals’ need in order to live independently. Skill areas may include communition, financial management, household management, accessing community services, problem solving and identifying, and using adaptive/non-adaptive equipment.
Other Services Offered
Living Well with a Disability Program; Outreach & Education; Assisting consumers apply for SSI, SSDI, or other benefit programs; Assisting with both PASS Plans and HEAP applications; Computers For People With Disabilities Program; Bi-lingual services; Lost Coast A.T. Expo & Disability Fair; Cross Disability Peer Group; North Coast Spinal Cord Injury Support Group, and a webpage at www.tilinet.org.
TRI-COUNTY INFORMATION:
Tri-County Independent Living
955 Myrtle Avenue, Eureka, CA. 95501
707-445-8404 (Voice)
1-877-576-5000 (Toll Free)
707-445-9751 (FAX)
707-445-8405 (TTY)
www.tilinet.org
Mission Statement:
To promote the philosophy of independent living, to connect individuals to services, and to create an accessible community, so that people with disabilities can have control over their lives and full access to the communities in which they live.
Quick Links:
Independent Living Specialists
North Coast Spinal Cord Injury Support Group
Independent Living Skills Workshops
'Computers for People with Disabilities' Program
HOME.. ABOUT.. LINKS.. NEWS.. DONATE.. BUSINESS.. FORUMS.. CONTACT
Phone: 707. 445. 8404
Fax: 707. 445. 9751 / TDD: 707. 445. 8405
Toll Free: 1. 877. 576. 5000