# Living in ND and Landlords



## worriedmom (Aug 6, 2011)

I have a son that is need of a SD and we were going to train it ourselves. The problem we are having is that the landlord is saying "No". I have all the stuff I need for my son to have one and I told them that and they are still saying "no". We live in a apartment. If anyone know that laws here in ND that would be great. Thanks


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## AutismDogGirl (Oct 7, 2010)

Hello worried mom. Do you have any experience training dogs? Do you have tasks that you plan to train? I don't know much about The laws in ND. I owner trained. My first SD and am sending my second to a school to learn something's I don't know how to teach that my current SD was unable to do due to health issues.it is a LOT of work! How old is your son? I am not trying to be intrusive trying to help. Also do you already HAVE a dog or is that what the landlord is saying no to?


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## ILGHAUS (Nov 25, 2002)

Would your apartment fall under the guidelines of this law as to number of units?

Most rentals fall under the Fair Housing Amendments Act of 1988. This law does not include buildings with four or fewer units where the landlord lives in one of the units or private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements.
National Fair Housing Advocate Online

Protection under the FHAA:
1. Tenant has a disability - landlord may require proof of disability
2. Landlord must be informed of the disability
3. Landlord can only be asked for "Reasonable Accommodation" so that the tenant may have an equal opportunity to use and enjoy their dwelling. 

Landlord may require proof of disability.
Landlord may require proof of training as a service dog
Reasonable accommodation is such that it does not constitute an undue burden upon the landlord or fundamental alteration of the property.



> we were going to train it ourselves


The FHAA would address a SD but not a SDIT.


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## ILGHAUS (Nov 25, 2002)

North Dakota only gives trainer rights for admission to public places. SDITs are not otherwise addressed under state law.

North Dakota State Title 25 Chapter 1302.1. Trainer and assistance dog in training - Admission to public places.
1. A trainer with an assistance dog in training may enter any place of public accommodation, common carrier, facility of a health care provider, and any place to which the public is generally invited, without being required to pay an extra charge for the assistance dog in training, provided:
a. The trainer notifies an onsite manager that an assistance dog in training is being brought onto the premises;
b. The trainer wears a photo identification card issued by a nationally recognized dog training program; and
c. The trainer is liable for any damage done to the premises or facility by the assistance dog in training.
2. Upon receiving notice as provided in subsection 1, the onsite manager may not deny admission to the trainer and the assistance dog in training without good cause.


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## ILGHAUS (Nov 25, 2002)

For official legal verification you would need to consult an attorney who specializes in Disability/SD law or the ND State Attorney's Office.

ND State Website/Legislative Branch
http://www.legis.nd.gov/information/statutes/cent-code.html

To contact your SAO:
State Capitol
600 E. Boulevard Ave.
Dept. 125
Bismarck, ND 58505
701 328-2210
TTY: 800 366-6888


In my opinion, you have no protection under Fed. Law for your SDIT nor any rights under ND state statutes.


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