October 21, 2019
Know Your Rights With Your Service Animals – Part 3
by Nikki Stewart
Fair Housing Act- Part 3
In 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?
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?
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