![]() If the answer to question (1) or (2) is “no,” then the law does not require a modification of an existing “no pets” policy, and the reasonable accommodation request may be denied. ![]() Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability? Does the person seeking to use and live with the animal have a disability ” i.e., a physical or mental impairment that substantially limits one or more major life activities?Ģ. Housing providers must grant reasonable accommodations in such instances, in accordance with the law.Īccording to the notice, two threshold questions must be addressed when a tenant asks for a companion animal:ġ. ![]() Pet restrictions cannot be used to deny or limit housing to people with disabilities who require the use of an assistance animal because of their disability. HUD„¢s new notice explains housing providers obligations under the Fair Housing Act, including the requirement to provide reasonable accommodations to people with disabilities who require assistance animals. John Trasvia, HUD Assistant Secretary for Fair Housing and Equal Opportunity, says Å“Disability-related complaints, including those that involve assistance animals, are the most common discrimination complaint we receive.” While the Fair Housing Act covers nearly all types of housing, some types of housing, such as public housing, are covered by both laws. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and state and local government activities.īoth laws contain provisions which address the use of service or assistance animals by people with disabilities. The Fair Housing Act prohibits landlords from discriminating based on disability, race, color, national origin, religion, sex, and familial status. The newly released “Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs” discusses how the Fair Housing Act and the Americans with Disabilities Act (ADA) intersect regarding the use of service or assistance animals by persons with disabilities. HUD has issued new rules clarifying the responsibilities landlords shoulder regarding companion animals in rental properties.
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