FHA and ADA Pet Compliance

Does that person really need a dog?

The Fair Housing Act (“FHA”) and the American with Disabilities Act (“ADA”) both have statutory exceptions to pet restrictions in housing facilities.

It is a widely known fact that Association pet restrictions do not apply when the pet is a certified service animal (i.e. a seeing-eye dog, or a seizure-detecting dog), however, it is less well known that there are also similar protections for emotional support animals.

While the ADA does not provide any protections for emotional-support animals, the FHA (which applies to nearly all Associations) also considers emotional support animals potentially a reasonable accommodation.

Under the FHA, it is against the law for an Association to ask specifically why a homeowner must have an emotional-support animal. However, the Association may request a general confirmation from a credible source, which may include the owner’s therapist, that an emotional-support animal is necessary.

Upon request by the owner of an emotional-support animal, an Association is required to make reasonable changes to any pet restrictions to accommodate the emotional-support animal.

If an owner requests an emotional-support animal that presents danger to other people and or could potentially damage property, it is acceptable for an Association to refuse (or later revoke) such an animal. An Association cannot restrict an emotional-support animal based on breed or size.

Penalties for denying a service animal or an emotional-support animal can be severe. Err on the side of caution and permit the animal or contact your legal counsel.

Do you have any FHA and ADA questions? Sign up for our free-of-charge DORA Certified Class on the topic on May 2 at https://tinyurl.com/WLGClass