by Nikki Stewart

 

Fair Housing Act- Part 3

Photo of a swimmer with her service dogIn the third part of our “Know Your Rights With Your Service Animal” series we take a look at the Fair Housing Act.

Where does the ADA allow my animal access?

Access for service animals and emotional support/assistance animals permitted:

  • Housing receiving federal financial assistance
  • State and local government housing
  • Private housing
  • Homeowner’s associations

What is a Service Animal?

Rights extend to companion and emotional support animals as well as service animals.

Can I be charged fees for allowing access to my service or support animal?

No, unless the animal causes actual damage

Can my animal be denied because of breed?

Yes, but only when the landlord’s insurance carrier refuses or substantially increases cost of coverage and no comparable insurance is available.

Can my animal be denied based on fears or allergies of others?

No

 What is a valid denial of my animal?

  • Determination that the animal presents a direct threat to the health and safety of others that cannot be reduced or eliminated by another reasonable accommodation
  • Undue financial and administrative burden
  • Would fundamentally alter the nature of the housing provider’s services

 What happens if someone misrepresents an animal as a service animal?
No Provisions

 Who is responsible for enforcement?

Department of Housing and

Urban Development Office of Fair Housing

and Equal Opportunity

451 7th St., SW, Room 5204

Washington, DC 20410-2000

800-669-9777 |  hud.gov/fairhousing

Looking for more information for Service animals?

Part 1: American’s with Disabilities Act

Part 2: Colorado Assistance Animal Law

Part 3: Fair Housing Act

Part 4: Air Carrier Access Act

 

The information here is intended solely as informal guidance, and is neither a determination of your legal rights or responsibilities, nor binding on any agency with enforcement responsibility.