10 DIGIT ID CODE

SERVICE AND EMOTIONAL SUPPORT DOG: MATERIALIZE HOUSING LAWS

 

We all know that there are some state laws that secure the rights of the people with disabilities. This is to allow their service animals in housing where discrimination rooted from the confusion about the rights and obligations of every owner that remains. If you still have something to ask about the service animals housing, the federal Fair Housing Amendments Act is the law that most often helps to provide the guidance necessary to answer the questions that arise about service animals in housing.

 

Housing Laws for Service Animal and Emotional Support Animal is considered a complicated field of disability law. It requires a thorough discussion with an attorney who is qualified enough, to the fact that the attorney really understands how those different laws applied in a specific situation.

 

It is an informal technical assistance and this article is not a legal advice. We only help to answer some of the most frequently asked questions about housing. Legal interpretation of the Fair Housing Act and an advice about individual circumstances can be obtained from the local Housing and Urban Development (HUD) office.

 

The Fair Housing Act Importance

The Fair Housing Act (FHAct) is a federal law that states any person with physical or mental disability. This federal law avoids the discrimination against the tenants with disabilities from housing together with their service animal or emotional support animal and this is the main reason why Fair Housing Act serves an important role in recognizing and maintaining the right of the persons with disabilities.

In fact, the buildings and apartments that say “No Pets” or “Restrict Pets”, the apartment managers and the landlords are mandatory to make a “Reasonable Accommodation” for both service and emotional support animal. In this way, the pets which serves as an assistance animal will already be recognize.

 

 

2 Types of Reasonable Accommodations

Two types of reasonable accommodations are required by the Fair Housing Amendments Act (FHAA) to make the existing housing more accessible to persons with disabilities. These consist of structural modifications and policy changes.

 

1. Structural modifications

Housing providers must authorize reasonable modifications of existing premises if such modifications are necessary for a person with a disability to be able to live in and use the premises. The resident with disability will pay the cost of the modification.

The internal of the individual’s unit as well as any public and common use areas of a building, such as hallways, lobbies and laundry rooms.

 

Modifications may be requested in any type of dwelling; however, in a rental situation, the landlord may reasonably condition the permission for modification on the following:

• The renter agreeing to restore the interior of the premises to the condition that existed before the modification, ordinary wear and tear excepted;

• The renter providing a reasonable description of the proposed modifications; and

•  The renter providing reasonable assurance that the work will be done in a workmanlike manner with all be applicable when building permits being obtained.

 

2. Policy Changes

Fair Housing Amendments Act (FHAA) requires that the housing provider must do reasonable modifications in policies, rules, services or practices that is necessary to provide persons with disabilities an equal opportunity to benefit and enjoy the dwelling. Examples of modifications that would be required include:

• Allowing a tenant who is blind to have a guide dog even though the building has a no pet policy. This same rule would apply to individuals who need a Service Animal, Emotional Support Animal or a Therapy Animal.

• Reserving a parking space for a tenant with a mobility impairment that is accessible and close to an accessible route when other tenants must park on a first come, first served basis.

• Waiving a rule that allows only tenants to use laundry facilities in order to accommodate a tenant with a disability who cannot gain access to the laundry facilities by allowing his/her friend or aide to do the laundry. In short, any policy or rule that denies people with disabilities access to a facility or service may be a violation of FHAA.

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Persons with disability qualifications under the FHAct

The Act defines a person with a disability to include the following:

Individuals with a physical or mental impairment that substantially limits one or more major life activities;

• Individuals who are regarded as having such an impairment; and

• Individuals with a record of such impairment.

 

Note: The "physical or mental impairment" term includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

 

The Fair Housing Act Protects Individuals with Disabilities with Regard to Service Animals

Service animals serve as an option that many individuals wanted for them to overcome the limitations imposed by disabilities. The Fair Housing Act secures the situation of individuals who have disabilities. To be protected by the Fair Housing Act (FHAct) in regards to service animals there are 3 tests to be met:

1. The person must have a disability.

2. The animal must serve a function directly related to the person’s disability.

3. The request to have the service animal must be reasonable.

 

The Fair Housing Act (FHAct) protects the rights of individuals with disabilities to be accompanied by their service animals in places where public is accommodated. With regard to service animals, the Fair Housing Act does not protect individuals who do not have disabilities, or situations in which animals are trained by individuals.

 

The Fair Housing Amendments Act (FHAA) of 1988 extended the protections to people with disabilities under Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act). It is implemented to nearly all forms of housing, such as most condominiums and most rental housing. Buildings with four or fewer units where the landlord or property owner lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements are exempted with this law.

 

FHAA protection is possible upon:

1. Tenant has a disability (the landlord may be permitted to require a proof of disability if the case law suggests);

2. Landlord or the Housing Authority knows about the disability of the person.

3. Reasonable accommodation may be necessary to afford tenant an equal opportunity to use and enjoy his or her dwelling (again, case law suggests the landlord may be permitted to require proof of need and proof of training for a service dog); and

4. Reasonable accommodation would not constitute an undue burden or fundamental alteration.

 

Rehabilitation Act of 1973 Section 504

The first disability civil rights law to be enacted in the United States. It also administers the lists that receive federal assistance, such as subsidized or public housing. For those landlords who accept only Section 8 rental assistance are not subject to Section 504.

1. Protection under Section 504 is contingent upon:
   Tenant has a disability;

2.  Tenant was excluded from and denied participation in services, programs, and activities;

3. Exclusion was because of disability; and

4. Reasonable accommodation would not constitute an undue burden or fundamental alteration.

 

Title II of the Americans with Disabilities Act of 1990 

It applies to housing owned by state or local government, or its instrumentalities, regardless of federal financial assistance. This would include local housing agencies, such as a public housing authority.

 

Note: Under the Americans with Disabilities Act (ADA) Emotional Support Animal is not generally considered a reasonable accommodation as they are excluded by lack of training from 28 CFR 36.104, the definition of “service animal,” under the Americans with Disabilities Act:
“Service animal means any signal dog, guide dog, or other animal individually trained to do tasks or perform any work for the benefit of an individual with a disability, including, but not limited to, guiding individuals alerting individuals with impaired hearing, to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, with impaired vision or fetching dropped items.”

 

Some general guidelines on how disability law tends to deal with service animal issues (remember to consult a qualified attorney to learn whether these guidelines would apply in any given specific situation)

Write a letter requesting a reasonable accommodation- this is the first step in negotiating with housing issue. If the landlord fails to respond to the written request or refuses the accommodation, the tenant may choose to pursue the matter by filing a complaint with HUD or the U.S. Department of Justice.

In general:

1. A housing landlord or authority cannot demand a pet deposit for a service animal. However, the owner of the service animal is accountable for any injury or loss caused by the animal in the public accommodation. This includes carpet torn by a dog’s digging, teeth marks on trim, and carpet soiled by dog waste or vomit.

2. A housing landlord or authority might or might not be granted to require a pet deposit for an Emotional Support Animal A landlord is permitted to exclude an animal, including a bona fide service animal, if the presence of the animal causes a fundamental alteration of the goods and services offered to other tenants. For example:

3. A dog that nuisance barks keeping neighbors awake at night causes a fundamental alteration and may be banned from the premises, though the landlord should permit the human tenant to remain without the dog if the tenant so chooses.

4. A landlord is permitted to exclude an animal, including a bona fide service animal, if the animal poses a direct threat or causes harm to the public. For example: An animal permitted to deposit fecal material in a common area where that material is not immediately cleaned, poses a health threat to people using that common area, particularly when the common area is where children might play on the ground. If the tenant is not able to clean their dog’s waste area themselves, it falls on the tenant, not on the landlord, to secure the services of someone to do the cleaning for them.

5. A housing landlord or authority is granted to require some type of proof of disability as a condition of accommodation, and some type of proof the animal in question is a trained service animal, though he cannot require certification per se.

 

 

 

Filing a Complaint

Any person who thinks he or she has been discriminated based on their disability, may file a complaint in the nearest Housing and Urban Development (HUD) office. Complaints must be filed within 1 year from the date the discriminatory act took place. You can file your complaint in person, by mail or over the telephone.

 If the information is given through the telephone, the Housing and Urban Development (HUD) office will put the complaint in writing, and send it to the complainant for signature. There are some localities and states that have Fair Housing Laws that exists, which are equal to the Fair Housing Amendments Act (FHAA) and are considered substantially equivalent. The agency assigned to enforce the local or state law may receive the discrimination complaint. If an aggrieved party is unsure of whether such a state or local law exists, he or she should file the complaint with the HUD office. HUD will refer it to the state or local agency if appropriate.

The letter of complaint must contain the following information:

• The name and address of the complaining party;

• The name and address for the person who committed the alleged violation;

•  A description and the address of the dwelling involved; and

• A concise statement of the facts, including pertinent dates. FHAA does not require the exhaustion of administrative remedies before a case is filed in court.
   

Species Restrictions

Only dogs are considered service animals under the Americans with Disabilities Act (ADA) and some accommodations may be required for the use of some miniature horses, there is no limit in the Fair Housing Act. While ADA does not include Emotional Support Animals, the FHAct does. The ADA will be subjected by some housing providers such as government owned housing. And some will be subject to the FHAct, such as most landlords with more than four units. Some will be subject to both, and some to neither. Wherever the FHAct applies, ordinary domestic species are included as assistance animals, but when the ADA applies, only dogs are. New ADA Regulations and Assistance Animals as Reasonable Accommodations under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973

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Breed Restrictions

A house landlord or authority is allowed to refuse accommodation for a Service Animal based on breed if allowing the animal would constitute an undue burden. An example might be if the landlord’s insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.