Justmehere
Sponsor
I live in "no-pet" housing. My service dog is allowed per the federal Fair Housing Amendments Act of 1988 (42 U.S.C. 3601, et seq.) as well as the Americans with Disabilties Act.
The Fair Housing Amendments Act "requires landlords modify 'no pets' policies or policies restricting types of pets to permit trained service animals to reside with their disabled handlers."
(sources: http://servicedogcentral.org/content/faq/61, http://servicedogcentral.org/content/node/285)
These regulations extend to emotional support dogs as well:
"The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment."
(source: Link Removed)
This is from HUD, who enforces the above regulations (http://blog.hud.gov/index.php/2011/08/25/protecting-disabled-tenants-service-animals-fair-housing/)
"Moving into an apartment with a no-pet policy may seem like a no-brainer if you don’t have any pets and plan to keep it that way. But what happens when circumstances leave you, the tenant, in need of a service animal? Under the Fair Housing Act, you’re protected – and the Department of Housing and Urban Development will step in to make sure of it. - See more at: http://blog.hud.gov/index.php/2011/...ce-animals-fair-housing/#sthash.MiciwGPm.dpuf "
For examples of what HUD, the government who enforces these regulations, says needs to be written to landlords - check out here: portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc
They can not require someone to state what the condition or disability actually is. And, the emotional support dogs and service dogs do not fall under the same rules and regs as pets. I have always lived in no pet housing with my service dog as it is very hard to find any housing in my area. It has always worked out with the backing of HUD.
I have to either give a letter or to sign a form indicating I had a disability that required use of the dog. I was not required to indicate what the disability was. My doctor simply signed saying I had "a qualifying disability requiring use of a service dog." Without this, NO dogs were allowed of any breed or size.
Landlords are actually prohibited by law from requiring someone to state what the specific disability is for a service dog. The laws are less clear about emotional support animals. For ESDs, it is allowed to require verification of a mental health issue and it is debated in case law as to if it is also required to give the diagnosis or not.
There are SOME limited circumstances in which the breed and number of dogs can be limited, but the burden of proof then falls on the landlord legally to prove the breed would cause a substantial burden on the owner. If the dog is well behaved, doesn't bark, and doesn't destroy property, then no matter the size or number, the landlord would have no case.
Violating the above regulations is considered a civil rights violation and discrimination by the government agency who enforces these laws.
The Fair Housing Amendments Act "requires landlords modify 'no pets' policies or policies restricting types of pets to permit trained service animals to reside with their disabled handlers."
(sources: http://servicedogcentral.org/content/faq/61, http://servicedogcentral.org/content/node/285)
These regulations extend to emotional support dogs as well:
"The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment."
(source: Link Removed)
This is from HUD, who enforces the above regulations (http://blog.hud.gov/index.php/2011/08/25/protecting-disabled-tenants-service-animals-fair-housing/)
"Moving into an apartment with a no-pet policy may seem like a no-brainer if you don’t have any pets and plan to keep it that way. But what happens when circumstances leave you, the tenant, in need of a service animal? Under the Fair Housing Act, you’re protected – and the Department of Housing and Urban Development will step in to make sure of it. - See more at: http://blog.hud.gov/index.php/2011/...ce-animals-fair-housing/#sthash.MiciwGPm.dpuf "
For examples of what HUD, the government who enforces these regulations, says needs to be written to landlords - check out here: portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc
They can not require someone to state what the condition or disability actually is. And, the emotional support dogs and service dogs do not fall under the same rules and regs as pets. I have always lived in no pet housing with my service dog as it is very hard to find any housing in my area. It has always worked out with the backing of HUD.
I have to either give a letter or to sign a form indicating I had a disability that required use of the dog. I was not required to indicate what the disability was. My doctor simply signed saying I had "a qualifying disability requiring use of a service dog." Without this, NO dogs were allowed of any breed or size.
Landlords are actually prohibited by law from requiring someone to state what the specific disability is for a service dog. The laws are less clear about emotional support animals. For ESDs, it is allowed to require verification of a mental health issue and it is debated in case law as to if it is also required to give the diagnosis or not.
There are SOME limited circumstances in which the breed and number of dogs can be limited, but the burden of proof then falls on the landlord legally to prove the breed would cause a substantial burden on the owner. If the dog is well behaved, doesn't bark, and doesn't destroy property, then no matter the size or number, the landlord would have no case.
Violating the above regulations is considered a civil rights violation and discrimination by the government agency who enforces these laws.
