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OCEANTIME, Ocean City MD Re Service Animals, cleaning fee

gumbow719

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Be advised that Oceantime has adopted new policy regarding Service Animals and Emotional support animals..as of my receipt 2/14/2019
Regarding Service Dogs they have gone so far as to put it in writing, (the only timeshare I know of) to pay a cleaning fee AND "an occupant must provide written verification of their disability". Two big violations of ADA Law regarding Service Animals and their owners..WOW
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tschwa2

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I think they are confused and the wording is bad but looking at the bullet items, the policy is only meant to apply to emotional support animals and they can require all the proof and the fee for emotional support animals. They need to get rid of the word service and only mention emotional support animal. Emotional support animals aren't trained to do a specific task but the resort can require general behavioral training.
 

gumbow719

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I think they are confused and the wording is bad but looking at the bullet items, the policy is only meant to apply to emotional support animals and they can require all the proof and the fee for emotional support animals. They need to get rid of the word service and only mention emotional support animal. Emotional support animals aren't trained to do a specific task but the resort can require general behavioral training.
No the first two paragraphs pretain to Serice Animals besides violating the letter of the law asking for disability documentation, in the second paragraph they impose a fee for cleaning forbidden under ADA ...this case will be presented to ADA
 

tschwa2

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No the first two paragraphs pretain to Serice Animals besides violating the letter of the law asking for disability documentation, in the second paragraph they impose a fee for cleaning forbidden under ADA ...this case will be presented to ADA
That's what I am saying. They need to remove the word service animal every time they use it and they can require a diagnosis and fee for someone with a comfort animal.
 

Jan M.

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This isn't the only resort that is doing this. In the TUG lounge there are several threads. I started one of them and posted the email I got from Ram's Horn Village in Colorado. I expect so see more and more resorts adopting similar policies as people who abuse the system and bring animals that aren't certified ADA service animals are causing problems for the resorts and complaints from other owners.
 

gumbow719

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This isn't the only resort that is doing this. In the TUG lounge there are several threads. I started one of them and posted the email I got from Ram's Horn Village in Colorado. I expect so see more and more resorts adopting similar policies as people who abuse the system and bring animals that aren't certified ADA service animals are causing problems for the resorts and complaints from other owners.
Jan, thanks for info..you do know it is illegal with respect to a service animal to ask the owner for proof of his or her disability and to charge a fee not charge to others without a dog? Ada violations. If you have or know someone with a Service Dog and they have p as I'd for cleaning, start a complaint with the AdA , their local States Attorney Generals Office, local government and in some cases under the FHA (Fair Housing Act)
 

Jan M.

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The point is that owners of service animals, their family, friends and many other people don't want to see these rights abused by the unethical people who try to pass their pets off as service dogs or scam the system to get their pets into the resorts. BTW it is illegal to claim your dog is an ADA service animal if it isn't and there are very strict guidelines/definitions for what a service animal is. We have a family member with a service dog so this is something I really dislike seeing abused by people who don't have ADA service animals. These abuses also run up the operating costs of the resorts which the resort owners pay for in their maintenance fees. Many people, adults and children have allergies to dogs so all the people who bring their pets presents a problem for both owners, their guests and the resorts. After an animal has been in the unit they are supposed to be deep cleaned which takes the unit out of commission for 2 days. This is what I was told by a resort manager. Which means that unit isn't available for other owners use.


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Dear RCI Exchange Guest,

We look forward to hosting you for your upcoming vacation through RCI.

Recently, we have had several RCI guest families attempt to check in for vacation with emotional support animals under the misunderstanding that these animals qualify under federal ADA law.

Under ADA regulation, service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to a person's disability.

Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Please carefully read the policy below. If you have questions, please contact me before arrival. We will not check in guests arriving with non-ADA Service Dogs. Please avoid any inconvenience or disappointment by contacting me in advance.

Sincerely, xxxxx, Front Office Manager

Our Policy is as follows:

SERVICE ANIMALS ARE WELCOME

Service animals are individually trained to do work or perform tasks for a person with a disability. Colorado state regulations prohibit non-service animals from entering the premises. Pets whose function is to provide comfort or emotional support do not qualify under the Americans with Disability Act. Under Colorado law, it is a criminal offense to misrepresent an animal as a service animal. C.R.S. §18-13-107.7.

All guests arriving at Rams Horn Village with a service dog are required to complete the following Record:

ADA Service Animal Record

Rams Horn Village Resort accommodates Service Animals as defined Title II and Title III of the ADA. A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Under the Act, Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Under the ADA and Colorado law, owners of public accommodations are not required to allow emotional support animals, only service animals.
The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. The Service Animal must be under the handler's control at all times. It may not be left unattended in a home or other location on the resort.
Under the ADA, the dog must already be trained before it can be taken into public places.
For our Association records, please answer the following two questions and sign below:
(1) Is the service animal required because of a disability? ___Yes___No
(2) What work or task has the dog been trained to perform? ____________________________________________________________________________________________________________
Guest Name: __________________________
Date: _______________________________
Rams Horn Village Resort Representative: ________________________



U.S. Department of Justice
Civil Rights Division
Disability Rights Section

ada2010revisedreq.jpg


Service Animals
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
This publication provides guidance on the term “service animal” and the service animal provisions in the Department’s new regulations.

  • Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.
  • A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
  • Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
How “Service Animal” Is Defined
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.
Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.

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.

Where Service Animals Are Allowed
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go.
For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal’s presence may compromise a sterile environment.

Service Animals Must Be Under Control
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.
In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals
  • When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
  • Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
  • A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence.
  • Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.
  • 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.
  • Staff are not required to provide care or food for a service animal.
Miniature Horses
In addition to the provisions about service dogs, the Department’s revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities.
(Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
 
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gumbow719

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Jan, thanks for info..you do know it is illegal with respect to a service animal to ask the owner for proof of his or her disability and to charge a fee not charge to others without a dog? Ada violations. If you have or know someone with a Service Dog and they have p as I'd for cleaning, start a complaint with the AdA , their local States Attorney Generals Office, local government and in some cases under the FHA (Fair Housing Act)
Jan, thank you again, at least that timeshare knows the law and does and cannot charge a cleaning fee. I believe Oceatime collects an illegal fee for service animals, but owners that just have dogs ,not service animals are also allowed but also pay a cleaning fee...these units in my belief are not so called cleaned after dog use (have seen first hand) and the monies are going into a "slush" fund. I have asked for accountability on the pet fees and who was contracted to clean and to date I am stone walled..you can not charge a cleaning fee for a service animal ..I am disabled and my service animal performs 3 functions..as for prople abusing the system of that will always be. I worked 30 years as a State Criminal Investigator and that is what people do
 

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I, personally, am happy to see the resorts enforcing the 'no pets, only service animals allowed' rule! I am severely allergic to cats and dogs and if someone in the unit before us is inconsiderate and sneaks in an animal, it could cause a medical emergency for me. I like animals, but please, before you sneak a pet into a timeshare unit, think about others!
 

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I don’t understand why a disabled person with a service animal would be unwilling to prove their disability. The hanging placard or disabled license plates should suffice. We always take a placard when traveling, they are required if you want to use a handicapped parking space.
 

silentg

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VV has pet friendly timeshares, separates pet owners in certain rooms designated for people with Pets.
Some hotels are pet friendly, we stayed at a Holiday Inn in Virginia and since we didn’t have a pet we asked for a non pet friendly room. When we returned to the hotel the following week we were put in a different room. We rode up on the elevator with a man and his little dog. He went into the room we had the previous week.
 

gumbow719

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I don’t understand why a disabled person with a service animal would be unwilling to prove their disability. The hanging placard or disabled license plates should suffice. We always take a placard when traveling, they are required if you want to use a handicapped parking space.
It isn't that a person is unwilling to share their personal medical information, it is illegal via HIPPA for anyone to ask, thus it is no one's business and via law have not right to ask.
 

gumbow719

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I don’t understand why a disabled person with a service animal would be unwilling to prove their disability. The hanging placard or disabled license plates should suffice. We always take a placard when traveling, they are required if you want to use a handicapped parking space.
The Law is no one can ask a person about their disability (HIPPA) nor charge a fee for cleaning of a unit regarding a Service Animal and yes according to ADA a horse can qualify as a Service Animal..go figure but the law is the law..
 

gumbow719

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I, personally, am happy to see the resorts enforcing the 'no pets, only service animals allowed' rule! I am severely allergic to cats and dogs and if someone in the unit before us is inconsiderate and sneaks in an animal, it could cause a medical emergency for me. I like animals, but please, before you sneak a pet into a timeshare unit, think about others!
Better not fly because Service Animals are there and with no real air purifying, and you will never know..
 

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I for one am really happy that they may start checking that service animals are actually needed by people thar say they are. I am sick and tired of walking through hotels and timeshares where people have brought their pets instead of leaving them at home. In most cases they don't want to pay for someone to look after their pet so just tell everyone that it is a service animal when in fact it isn't. They are ruining it for people who actually need these animals.
 

gumbow719

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I for one am really happy that they may start checking that service animals are actually needed by people thar say they are. I am sick and tired of walking through hotels and timeshares where people have brought their pets instead of leaving them at home. In most cases they don't want to pay for someone to look after their pet so just tell everyone that it is a service animal when in fact it isn't. They are ruining it for people who actually need these animals.
I totally agree, true Service Animals should be allowed and YES show you are disabled, but the law forbids disclosure of personal medical information without the persons consent, thus you can not ask or require proof they are disabled, only if they volunteer it .And as for fees they can not be charged for the service animal unless all others staying they are paying a fee without a Service Animal,, DOJ Civil Rights as a Service Animal is not a pet ,it performs a Service
 

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I totally agree, true Service Animals should be allowed and YES show you are disabled, but the law forbids disclosure of personal medical information without the persons consent, thus you can not ask or require proof they are disabled, only if they volunteer it .And as for fees they can not be charged for the service animal unless all others staying they are paying a fee without a Service Animal,, DOJ Civil Rights as a Service Animal is not a pet ,it performs a Service
I guess a follow up question to my comments above is why do my wife and I have to provide visible proof that she is handicapped to park in a wheelchair accessible parking spot but anyone can walk in a hotel with an animal (thus expecting others to pay for the extra cleaning required) and not show proof that they are handicapped. My wife is not expected to share her medical condition or records, but she must display a placard (or license plate) to access handicapped parking. It is obvious that there would be no sense in having handicapped parking if there was no necessity to “prove” disability. We would be very unhappy if no proof was necessary. I would think those who require service animals would feel the same. The way things stand now, if this is the law, everyone should bring their pets and claim service animal necessity. Maybe then the law could be amended to require a placard for this privilege as well.
 

tschwa2

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I guess a follow up question to my comments above is why do my wife and I have to provide visible proof that she is handicapped to park in a wheelchair accessible parking spot but anyone can walk in a hotel with an animal (thus expecting others to pay for the extra cleaning required) and not show proof that they are handicapped. My wife is not expected to share her medical condition or records, but she must display a placard (or license plate) to access handicapped parking. It is obvious that there would be no sense in having handicapped parking if there was no necessity to “prove” disability. We would be very unhappy if no proof was necessary. I would think those who require service animals would feel the same. The way things stand now, if this is the law, everyone should bring their pets and claim service animal necessity. Maybe then the law could be amended to require a placard for this privilege as well.

Because that is the way the law is written. They way it is written it specifically says you can't ask for proof and it can be punitive if you do ask for proof. People complain about it but lobbing your congress people would be more effective. A resort risks being fined thousand or even hundreds of thousand of dollars by making up their own policy that violates the law. My experience with the law comes from an HR standpoint at both a community college and a large box retailer.
 

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Because that is the way the law is written. They way it is written it specifically says you can't ask for proof and it can be punitive if you do ask for proof. People complain about it but lobbing your congress people would be more effective. A resort risks being fined thousand or even hundreds of thousand of dollars by making up their own policy that violates the law. My experience with the law comes from an HR standpoint at both a community college and a large box retailer.
You are right, it is the law that no proof is required. That’s the loophole many use to bring their pets rather than boarding them when on vacation. That’s also why more and more people will take advantage of the situation. Since it’s the resorts’ policies which are being flouted, and they are at such monetary risk, it will be up to them to lobby lawmakers for a change. At some point they may have to change their pet policy and allow all pets.
 

tschwa2

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You are right, it is the law that no proof is required. That’s the loophole many use to bring their pets rather than boarding them when on vacation. That’s also why more and more people will take advantage of the situation. Since it’s the resorts’ policies which are being flouted, and they are at such monetary risk, it will be up to them to lobby lawmakers for a change. At some point they may have to change their pet policy and allow all pets.
My personal feeling is that larger resorts should have a few dedicated pet friendly units. You can require all the documentation you want and require a fee to clean the unit and maintain a limited area where pets are allowed. You limit the units that have dogs and it provides less of an incentive for people to lie.

I really like what Rams Horn does. They don't violate the law but by making those with dogs sign it gives a much stronger impression that they will get in trouble if they are lying. Those with non service dogs also than can't claim they didn't know the difference between service animals and other types of emotional support animals or therapy dogs.
 

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I guess a follow up question to my comments above is why do my wife and I have to provide visible proof that she is handicapped to park in a wheelchair accessible parking spot but anyone can walk in a hotel with an animal (thus expecting others to pay for the extra cleaning required) and not show proof that they are handicapped. My wife is not expected to share her medical condition or records, but she must display a placard (or license plate) to access handicapped parking. It is obvious that there would be no sense in having handicapped parking if there was no necessity to “prove” disability. We would be very unhappy if no proof was necessary. I would think those who require service animals would feel the same. The way things stand now, if this is the law, everyone should bring their pets and claim service animal necessity. Maybe then the law could be amended to require a placard for this privilege as well.
But you have to have a trained service dog that provides a service to the person with the disability, not just a "dog", yes no one can prove the dog provides a service only that person has have to live with their conscience . Placards mean nothing as doctors sign off on all sorts of stuff to please a patient..
 

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I guess a follow up question to my comments above is why do my wife and I have to provide visible proof that she is handicapped to park in a wheelchair accessible parking spot but anyone can walk in a hotel with an animal (thus expecting others to pay for the extra cleaning required) and not show proof that they are handicapped. My wife is not expected to share her medical condition or records, but she must display a placard (or license plate) to access handicapped parking. It is obvious that there would be no sense in having handicapped parking if there was no necessity to “prove” disability. We would be very unhappy if no proof was necessary. I would think those who require service animals would feel the same. The way things stand now, if this is the law, everyone should bring their pets and claim service animal necessity. Maybe then the law could be amended to require a placard for this privilege as well.

Understand your comment. My wife as well had to have her doctor sign off for her handicap placard, however, when she parks in that spot and gets out of her car with it in the window, she is not required to answer to anyone as to why she needs one and what her disability is. Remember, not all disabilities are visible.

People with service animals do not want to have to explain to Joe Public about their disability or demonstrate their dog knows it's task work and to require that is not fair to the disabled person. It really is no ones business why they require a service animal. What is needed is to educate people how they are damaging those that need a service animal for their problem and Fluffy riding around in a shopping cart at the store because mommy or daddy just didnt want to leave them at home.

My wife had a service animal until our service dog passed away unexpectedly. We are now training a new dog. I will say it costs a lot more to do it the right way than the $99 Service Dog special. Our last girl was almost 2 years in training and well over $10,000 in training costs.
 

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Understand your comment. My wife as well had to have her doctor sign off for her handicap placard, however, when she parks in that spot and gets out of her car with it in the window, she is not required to answer to anyone as to why she needs one and what her disability is. Remember, not all disabilities are visible.

People with service animals do not want to have to explain to Joe Public about their disability or demonstrate their dog knows it's task work and to require that is not fair to the disabled person. It really is no ones business why they require a service animal. What is needed is to educate people how they are damaging those that need a service animal for their problem and Fluffy riding around in a shopping cart at the store because mommy or daddy just didnt want to leave them at home.

My wife had a service animal until our service dog passed away unexpectedly. We are now training a new dog. I will say it costs a lot more to do it the right way than the $99 Service Dog special. Our last girl was almost 2 years in training and well over $10,000 in training costs.

Sorry to hear about your dog...we did a registration so if somehow someway (dogs are dogs) breaks away someone can find thru registration, then the training ugh!! Had a neighbor with Service Dog so together our Thor was trained..still learning..Be well Thanks for post
 

gumbow719

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Jan, thank you again, at least that timeshare knows the law and does and cannot charge a cleaning fee. I believe Oceatime collects an illegal fee for service animals, but owners that just have dogs ,not service animals are also allowed but also pay a cleaning fee...these units in my belief are not so called cleaned after dog use (have seen first hand) and the monies are going into a "slush" fund. I have asked for accountability on the pet fees and who was contracted to clean and to date I am stone walled..you can not charge a cleaning fee for a service animal ..I am disabled and my service animal performs 3 functions..as for prople abusing the system of that will always be. I worked 30 years as a State Criminal Investigator and that is what people do
Jan I passed this document from Ram onto Oceatime..hopefully they will come to some sense and adopt it..They have requested to call me this week, we'll see..
 
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