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OCEAN CITY MD , Oceantime Non Compliant ADA Service Animal

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gumbow719

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Just a Funny thing every and I mean every timeshare we have stayed at were and are aware of ADA guidelines regarding bonafide, trained Service Animals..Any RCI resort states in their fees section, "contact the resort regarding ADA pet policy..Everyone we have contacted accepted our Service Animal and when questioned and agreed by law, they could not charge any fees for the Service Animal....So the masses do not charge any fees....those that violate the law, will probably someday face a rather large fee for non compliance. You mentioned timeshare owners rent their week out, that is the keyword "rent"...the ADA also applies to homeaway, vrbo and Airbnb..
So every timeshare "rents" that is why they fall under ADA Guidelines
 

escanoe

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So every timeshare "rents" that is why they fall under ADA Guidelines

This has been discussed to death in this thread if anyone wants to read the finer details. Not going to relitigate this, but my bet is the timeshare will be found to be in violation of the Fair Housing Amendments Act of 1988 rather than the ADA. Not that it makes much difference. We will find out in time how the complaint reaches resolution.
 

tschwa2

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This has been discussed to death in this thread if anyone wants to read the finer details. Not going to relitigate this, but my bet is the timeshare will be found to be in violation of the Fair Housing Amendments Act of 1988 rather than the ADA. Not that it makes much difference. We will find out in time how the complaint reaches resolution.
I think the OP only filed the complaint under the ADA. So the first answer will be: Yes with a big penalty, or yes with a slap on the wrist for the resort or letting off the resort completely. At that point the Op would have to decide whether to go forward filing a complaint outside of the ADA enforcement branch of the dept of justice.
 

escanoe

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I think the OP only filed the complaint under the ADA. So the first answer will be: Yes with a big penalty, or yes with a slap on the wrist for the resort or letting off the resort completely. At that point the Op would have to decide whether to go forward filing a complaint outside of the ADA enforcement branch of the dept of justice.

Maybe you are right. But I will bet on compliance folks at DOJ being able to coordinate enforcement with HUD.

It appears to me the Civil Rights Division of the Justice Department is who is most likely to bring enforcement action against an entity violating either statute.

https://www.justice.gov/crt/us-department-housing-and-urban-development
 
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gumbow719

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I realy doubt it !!!! I have done surveillances on the building and no steam cleaning what so ever..maybe just maybe they did a unit..Time does not allow them to properly steam clean where all pets are from week to week. They do not have spare units to assign waiting for rugs to dry..they are too small...Want definitive proof ask for cleaning bill's, then contact the cleaning company to make sure the invoices aren't bogus..To date I as an owner requested that information and they have not provided the information, if they had nothing to hide they would comply...interesting isn't it!! It is a CASH COW !!

Can we get details on the exact nature of the surveillance that you have performed?
 

gumbow719

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Can we get details on the exact nature of the surveillance that you have performed?
What do you think,watching all day the units that are vacated by animals..no special cleaning done..I use to follow NYC Police during corruption investigations..this was a breeze!!
 

gumbow719

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Do not get me wrong..Oceantime is a nice stay at the beach resort, they just have some legal issues to deal with (ADA)..Stay there if you like the ocean....great location
 

pedro47

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Looking at this resort as a fall getaway.
 

gumbow719

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Looking at this resort as a fall getaway.
Yes but after certain date in fall, like October..a lot of restaurants close down and the Boardwalk is a ghost town...not a late fall winter place,everything is seasonal
 

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Looking at this resort as a fall getaway.

We like it there in April. But we've never been there after August. Gumbow is probably correct that it gets very quiet after October.
 

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FWIW in the 'dead horse' category: Have questions? Need answers? What could happen? How to file? Where to file? Legal References....

This (via links) should truly answer any question you might have that does not require a 'legal' opinion.

Is it ADA or FHEO?
===============================================================================
ADA
While this is 'professional opinion' from a DOJ recognized ADA advocacy firm, only a Judge/Court could rule on the matter....

...not all timeshares are considered residential, and this is an important note. What seems to be a complicated definition of what denotes a residential vs. resort-type timeshare is simple to decipher. Some timeshares are leased on a model similar to that of a hotel’s. Any disability advocate should be aware of the following information signifying a hotel-type timeshare:

1. Short-term stays which are leased or sold by the deed owners of timeshare units for individuals which are not deed owners, but simply guests.
2. A timeshare possessing laws that limit the ownership rights of any timeshare unit; these laws apply to owners of a timeshare deed which states that they are able to exchange unit stays for other stays within units in a resort.
3. Timeshares which are operated for public guests (renters, NOT deed owners) in between the allotted stays for timeshare deed owners by timeshare company.

With this type of lodging, it is easy to violate ADA through lack of foresight, resulting in costly fines, and injustice to vacationers with disabilities


How to File an Americans with Disabilities Act Complaint with the U.S. Department of Justice
(Online, mail, fax, telephone assistance from specialists...)

Don't think the ADA will pursue a hotel for 'pet fees' or refusal etc...? ADA vs Budget Saver Motel
Read about them all here: ADA Enforcement Activities

Guidance for hoteliers.....

Service Animals
  • People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
  • If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

Note: Some State and local laws also define service animal more broadly than the ADA does. Information about such laws can be obtained from the State attorney general’s office.
================================================================================================================

FHEO

For all accommodations which are (for resolution of the complaint) deemed residential: FHEO

Learn About the FHEO Complaint and Investigation Process
How to File a Complaint


Humane Society summary.....primarily directed at long-term residence

The Fair Housing Act and Assistance Animals

You and your assistance animal have rights

The Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prevents discrimination against tenants in their homes.

Under the FHA, a disability is defined as a physical or mental impairment which significantly limits a person’s major life activities. Even if a lease says "no pets" or restricts pets, landlords are required to make what is called a “reasonable accommodation” to allow pets who serve as assistance animals, which includes animals who provide emotional support.

Assistance animals are in a different legal classification than pets who are not assistance animals, which is why pet restrictions and fees are waived for them. They are animals that work, assist and/or perform tasks and services for the benefit of a person with a disability or provide emotional support that improves the symptoms of a disability.

There is no official certification or training for assistance animals, and they can assist in a wide variety of ways. Breed and weight restrictions do not apply to assistance or service animals.

Differences between service animals and assistance animals
Service animals are categorized as animals trained to do a specific task for their owner. The most common example is a guide dog. Service animals are allowed in public accommodations because of the owner’s need for the animal at all times.

An assistance animal can be a cat, dog or other type of companion animal, and does not need to be trained to perform a service. The emotional and/or physical benefits from the animal living in the home are what qualify the animal as an assistance animal. A letter from a medical doctor or therapist is all that is needed to classify the animal as an assistance animal.

The fact that the term “service animal” is often used by landlords and public housing authorities to refer to both service dogs and assistance animals often creates confusion.

Some examples of assistance animals:
  • A cat who can detect and alerts their companion of oncoming seizures .
  • A dog who alleviates a person’s depression or anxiety.
  • A cat who reduces a person’s stress-induced pain.
  • A bird who alerts their hard-of-hearing companion when someone has come to the door.
Demonstrating your pet is an assistance animal
You should provide your landlord with a letter from your doctor/therapist stating you have a disability and explaining how your pet is needed to help you cope with this disability and/or improves its symptoms. Attach a brief personal statement explaining to the landlord that you are asking for “a reasonable accommodation to keep your pet who functions as an assistance support animal.”

If your landlord refuses to accommodate
Landlords must agree to a reasonable accommodation request if the disability claim is true and if the request does not create a hardship on the landlord or other tenants. If your request for a reasonable accommodation is denied by the landlord, you have the right to request that a government agency investigate your claim that the landlord is discriminating against you.

You have several options for filing a complaint:
  • You can file a discrimination complaint electronically with the Department of Housing and Urban Development (HUD). Information about the process is located on the HUD website.
  • You can print and complete a HUD Discrimination Form and mail it to the appropriate HUD office.
  • Many states have a government agency that investigates discrimination claims. You can also file a complaint directly with your state’s agency.
Housing covered by the Fair Housing Act
All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.

Pet fees
Service and assistance animals are not technically pets and owners do not have to pay pet fees. The landlord, however, can charge a security deposit and may still seek money from the tenant if there is any damage caused by the animal to the home. Also, if there is a nuisance issue the landlord does have the right to try to remove the assistance animal through legal proceedings.
 

pedro47

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Taterhed, that was one me very detailed and very informative post.:thumbup::thumbup::thumbup::thumbup::thumbup:
 

taterhed

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Thanks. Those who have service animals should not suffer for the many faults of others or ignorance. IMO
 

bbodb1

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Rob,

One of the reasons my interest in this topic was peaked earlier had to do with this:

....not all timeshares are considered residential, and this is an important note. What seems to be a complicated definition of what denotes a residential vs. resort-type timeshare is simple to decipher. Some timeshares are leased on a model similar to that of a hotel’s. Any disability advocate should be aware of the following information signifying a hotel-type timeshare:

Is this excerpt suggesting that all timeshares are EITHER residential OR resort?

From your excerpt, FHEO covers (applies to) residential timeshares.
But nothing in your excerpt clearly states ADA covers resort timeshares...are you suggesting this should be assumed (that ADA covers timeshares considered resort type)?
 

gumbow719

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Rob,

One of the reasons my interest in this topic was peaked earlier had to do with this:



Is this excerpt suggesting that all timeshares are EITHER residential OR resort?

From your excerpt, FHEO covers (applies to) residential timeshares.
But nothing in your excerpt clearly states ADA covers resort timeshares...are you suggesting this should be assumed (that ADA covers timeshares considered resort type)?
May not have anything to do with your question but it may..for argument sake what does a hotel do ? Rents rooms or units...so do timeshares thus they fall under the guise of regulations protecting Service Animals and their Disabled owners..
 

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Rob,

One of the reasons my interest in this topic was peaked earlier had to do with this:

Is this excerpt suggesting that all timeshares are EITHER residential OR resort?

From your excerpt, FHEO covers (applies to) residential timeshares.
But nothing in your excerpt clearly states ADA covers resort timeshares...are you suggesting this should be assumed (that ADA covers timeshares considered resort type)?


My apologies: Sometimes you really can't see the trees when you're already deep in the forest....

ADA laws protect the rights and freedoms of persons with defined and protected disabilities in most areas where the general public has rights of access or freedom of use.

Other statutes, directives and governmental agencies are responsible for ensuring equal opportunity for all persons. in the case we're discussing, it's equal opportunities for those who have an identified and protected disability (or less ability/challenge etc...). The right to equal opportunity and fair housing is protected by the FHA and administered/enforced via HUD, the FHEO and (I think) Justice.

Here's the difference:
  • Housing covered by the Fair Housing Act
    All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
  • The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.
FHA is public housing (think primary, private residence with a lease)
ADA is public accommodations (think hotel, resort, short term lodging)

Note that small owner-occupied duplex/apartments, single family home rentals (direct--no broker), private and religious clubs/organizations that restrict occupancy to their members (only) are not covered.

So, a timeshare that offers rentals to the general public is not private/restricted. A timeshare that offers 'exchanges, points, extra rentals' to persons that are not deeded, not members or belong to another 'chain' resort or exchange.....are also not private/restricted. This is a gross generalization, but you get the picture. If the management group/staff rents to the public--they are ADA. If the management/staff facilitates owner rentals/exchanges/point swaps etc.... to the general public or owners of another (separate) resort/system, then they are ADA. Only when a timeshare is truly restricted to 'members only' (and their guests), could it reasonably be considered a 'restricted occupancy housing' and therefore partially or totally exempt from ADA/FHA. Even then, certain elements would still apply in regard to equal opportunity and fair treatment.

So, yes: if Oceantime rents to the public, exchanges with outside 'public' non-deeded owners and generally carries on with public accommodations (or hotel trade), then they are most certainly governed by the ADA to the extent that it applies to their operation.

In truth, based on state law, agreements between agencies and case management etc.... I suspect that many infractions might be investigated by both agencies and their enforcement arm (justice?).

In this case, they are in violation of ADA, clearly, by enforcing a routine cleaning fee for a service dog providing assistance to a person with an identified and protected disability. That is, of course, assuming that the person we are discussing does have an identified and protected disability (management has limited ability to question this) and that the dog in question is a 'service animal' that provides a service to the disabled person with a protected disability. Emotional support animals are NOT protected by ADA. Persons with conditions or afflictions that are not protected by the ADA are not afforded the protections defined by the ADA.

The FHA has much broader protections/accommodations than the ADA. Transportation rights are covered under a different set of rules known as the Air Carrier Access Act. Emotional support/psychiatric service animals and their handlers/owners have rights under this act.

I hope this answers your questions.....it's much too deep for the average conversation I think.
 

bbodb1

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Thanks for that info and your time, Rob. And it does indeed answer the questions I had on this.
 
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