Re: [RPPTL LandTen] Service Dog Issue
Good morning everyone,
I am writing today to see if anyone knows whether, under both the ADA and Florida law, a commercial landlord is required to allow a tenant’s employee to bring his service dog to work at the building. I have found several resources on whether a landlord needs to accommodate members of the general public when visiting the building, but that analysis does not appear to address the question of whether the tenant’s service dog must be allowed to accompany him to work on a daily basis.
I would greatly appreciate any recourses or guidance you have on this matter.
Thank you and best regards,
Maggie
Maggie Barreto Tercilla | Partner
ARHMF | Avila Rodriguez Hernandez Mena & Ferri LLP
2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida 33134
Direct 305.779.3563 | Main 305.779.3560 | Fax 305.779.3561
mbarreto@arhmf.commailto:mbarreto@arhmf.com | www.arhmf.comhttp://www.arhmf.com/
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The short answer is YES a person is allowed to bring his “service animal” to work under the ADA as an accomodation. (ie seeing eye guide dog). However a person is not allowed to bring a support animal to work. (ie emotional support dog). The employee may only prohibit a service animal if it shows signs of aggression or causes extensive damages in which most cases the dog would most likely be replaced by the organization that trained the animal. I don’t know it has change but an employer must provide an accommodation if it employ 4 or more employees (I think I would have to look it up). There are employees that do not meet the number of employees that are exempt from the ADA requirements.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of MBarreto@arhmf.com
Sent: Friday, December 18, 2015 11:56 AM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service Dog Issue
Good morning everyone,
I am writing today to see if anyone knows whether, under both the ADA and Florida law, a commercial landlord is required to allow a tenant’s employee to bring his service dog to work at the building. I have found several resources on whether a landlord needs to accommodate members of the general public when visiting the building, but that analysis does not appear to address the question of whether the tenant’s service dog must be allowed to accompany him to work on a daily basis.
I would greatly appreciate any recourses or guidance you have on this matter.
Thank you and best regards,
Maggie
Maggie Barreto Tercilla | Partner
ARHMF | Avila Rodriguez Hernandez Mena & Ferri LLP
2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida 33134
Direct 305.779.3563 | Main 305.779.3560 | Fax 305.779.3561
mbarreto@arhmf.commailto:mbarreto@arhmf.com | www.arhmf.comhttp://www.arhmf.com/
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Thanks very much Leonard.
On Dec 20, 2015, at 3:09 PM, "Leonard Cabral" <LensLaw@Lenslaw.commailto:LensLaw@Lenslaw.com> wrote:
The short answer is YES a person is allowed to bring his “service animal” to work under the ADA as an accomodation. (ie seeing eye guide dog). However a person is not allowed to bring a support animal to work. (ie emotional support dog). The employee may only prohibit a service animal if it shows signs of aggression or causes extensive damages in which most cases the dog would most likely be replaced by the organization that trained the animal. I don’t know it has change but an employer must provide an accommodation if it employ 4 or more employees (I think I would have to look it up). There are employees that do not meet the number of employees that are exempt from the ADA requirements.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
Please disregard inadvertent misspellings.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of MBarreto@arhmf.commailto:MBarreto@arhmf.com
Sent: Friday, December 18, 2015 11:56 AM
To: landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Service Dog Issue
Good morning everyone,
I am writing today to see if anyone knows whether, under both the ADA and Florida law, a commercial landlord is required to allow a tenant’s employee to bring his service dog to work at the building. I have found several resources on whether a landlord needs to accommodate members of the general public when visiting the building, but that analysis does not appear to address the question of whether the tenant’s service dog must be allowed to accompany him to work on a daily basis.
I would greatly appreciate any recourses or guidance you have on this matter.
Thank you and best regards,
Maggie
Maggie Barreto Tercilla | Partner
ARHMF | Avila Rodriguez Hernandez Mena & Ferri LLP
2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida 33134
Direct 305.779.3563 | Main 305.779.3560 | Fax 305.779.3561
mbarreto@arhmf.commailto:mbarreto@arhmf.com | www.arhmf.comhttp://www.arhmf.com/
This email has been scanned for email related threats and delivered safely by Mimecast for Avila Rodriguez Hernandez Mena & Ferri, LLP.
For more information please visit http://www.mimecast.comhttp://www.mimecast.com