FAIR HOUSING ACT & ASSISTANCE ANIMALS
Watch this short 10-minute video on Assistance Animals which includes:
- Regulations regarding Assistance Animals.
- What is an Assistance Animal.
- Reasonable Accommodations and Modifications for Assistance Animals.
- What landlords can and cannot do regarding Service Animal requests.
- Responsibilities of Service Animal Owners.
- Who to contact for help.
HUD Memo, 2/17/11, New ADA Regulation and Assistance Animals as Reasonable Accommodations Under the Fair Housing Act and Sec. 504 of the Rehabilitation Act
This memo explains that the Department of Justice's (DOJ) recent amendments to its Americans with Disbilities Act (ADA) regulations do not affect reasonable accommodation requests under the Fair Housing Act (FHAct) and Section 504 of the Rehabilitation Act of 1974 (Section 504). The DOJ's new rules limit the definition of "service animal" in the ADA to include only dogs. The new rules also define "service animal" to exclude emotional support animals. This definition, however, does not apply to the FHAct or Section 504. Disabled individuals may request a reasonable accommodation for assistance animals in addition to dogs, including emotional support animals, under the FHAct or Section 504. In situations where both laws apply, housing providers must meet the broader FHAct/Section 504 standard in deciding whether to grant reasonable accommodation requests.
RULES AND SAMPLE POLICIES:
Permissible Assistance Animal Rules
US v. FOX POINT AT REDSTONE ASSOC, INC., et al, Consent Decree, US DIST CRT DIST OF UT CNTRL DIV(2/27/12) Appendix A: Court Approved Reasonable Accommodation Assistance Animal Policy
Sample Policy: Service Animals
Insurance & Breed Guidance
Bryan Greene, Deputy Assistant Secretary for Enforcement and Programs, ED; 6/12/06
SUBJECT: Insurance Policy Restrictions as a Defense for Refusals to Make a Reasonable Accommodation
ASSISTANCE ANIMAL CASES
HUD v Talgar, et al.,Charge, HUD ALJ No. FHEO 01-12-0001-8 (2/29/12)
IFCvCVE Falls Park, Memo Decision and Order, (USDC ID 7-20-2011)
FHDakotas v Goldmark, MEMO OPINION AND ORDER ON DEF?S MOT FOR SUMMARY JUDGT, 03-30-2011
US v Van Raden, Consent Decree, 5-19-2010
US v 75 Main Avenue Owners Corp, Settlement Agreement and Order (1/26/2010)
Dubois and Prindable v.Assoc. of Apt. Owners Of 2987 Kalakau,(9th Cir. 2006)
HUD REGULATIONS FOR ANIMALS IN PUBLIC HOUSING
24 CFR Part 5, Pet Ownership for the Elderly and Persons With Disabilities; Final Rule
24 CFR Part 960, Subpart G, Pet Ownership In Public Housing
Public Housing Occupancy Guidebook, See Ch.16, Pet Policies/ Assistance Animals
HUD Handbook 4350.3:Occupancy Requirements of Subsidized Multifamily Housing Programs, See Ch.2, Assistance Animals as a Reasonable Accommodation, p.2-41
ADA TITLE II SERVICE ANIMAL REGULATIONS FOR GOVERNMENT SERVICES
35 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Final Rules
ADA TITLE III & WSHRC WALAD SERVICE ANIMAL REGULATIONS FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES
35 CFR Part 36, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
Service Animals in Places of Public Accommodation (in WA)
ASSISTANCE ANIMALS & TRANSPORTATION
Frequently Asked Questions about Service Animals (re: ground transportation) (Easter Seals Project ACTION
Click here to view "Assistance Animals in Housing", by Marley Hochendoner, 10/2009
Right to Emotional Support Animals in "No Pet" Housing (2010, Bazelon Center)
Model Protocol on Service Animals in Domestic Violence Shelters pdf
New dog alerts boy to allergens
SPOKANE, Wash. - Click here to view article
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