California  |  Disability Law

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12/05/11, 7:54 am

Legal Question


2 months after I moved into my apartment, my landlord served a 3 day notice because my service dog is "breed restricted" on the "allowed pet" list. Even after resubmitting proof (registration and certification of professional training; temperament testing report; my medical records; my service animal medical recommendation letter; letters from my primary care physician and from psychiatrist; my social security disability findings and award letter) that accompanied my original rental application AND copies of ADA and State law rulings on breed restrictions (3/2010) I further explained that my SERVICE dog was not simply a "companion" but professionally trained to perform specific tasks that help me survive, ( including but not limited to: medicine reminders; physically stopping dangerous, compulsive, repetitious behaviors; helping to keep or regain my balance, and to get help in the event of having a seizure or falling unconscious). I was given the option to 1). To remove my dog from the property immediately and sign a statement promising not to have the dog return or face immediate eviction or 2) Vacate my apartment within 48hrs and face legal consequences (eviction) leaving me financially responsible for the remainder of my 18 month lease.

I removed my dog from the property because I didn't have the money to move without saving, but I suffered serious harm, injury and scarring as a direct result of not having my service animal and incurred associated costs (emergency room fees; doctors visits; prescriptions; pt time care giver)left me unable to pay my rent anyway.

In addition to The ADA of 1990; an agent of this landlord has gone on to violate sections of The FHA of 1988; civil and penal codes.

I need an attorney but I cannot afford one. Here are my questions: 1.) How do I petition the court for more time to retain an attorney. (I'm at the plaintiff's request for non-jury trial stage with a calendar date to appear in less than 7 days)? 2.) Am I entitled to a court appointed prosecutor under the disability act (discrimination)? 3.) If I do not qualify for a court appointed advocate, is there any chance of finding a contingent fee civil attorney?


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