News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation Fair Housing Act (FHA)

Lippes Mathias LLP

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

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While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

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In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Lasher Holzapfel Sperry & Ebberson PLLC

When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals

What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

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QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 2: FHA Considerations

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Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more

Seyfarth Shaw LLP

California Governor Takes Action to Combat Emotional Support Animal Fraud

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Seyfarth Synopsis: California enacts new law, effective January 1, 2022, to crack down on fraudulent emotional support dogs....more

Arnall Golden Gregory LLP

HUD Updates and Clarifies Assistance Animal Guidance

The United States Department of Housing and Urban Development (HUD), on Jan. 28, issued new guidance on requests for reasonable accommodation under the Fair Housing Act (FHA) relative to “assistance animals” in various...more

Fox Rothschild LLP

Further Thoughts On The HUD Assistance Animal Guidance

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Your humble Fair Housing Defense blog editor appreciated hearing from a number of you concerning the new HUD guidance addressing reasonable accommodation requests for animals under the Fair Housing Act (FHA). In response to...more

Fox Rothschild LLP

Answering Some Fair Housing Defense Reader Questions

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When I do fair housing training, I always say to my audience that if one of you has a question, I am willing to bet another person in the room has the same question....more

Whitman Legal Solutions, LLC

How Allowing Smoking in Apartments Can Lead to a Fair Housing Violation

Many major cities have passed laws prohibiting smoking in public areas. However, smoking still remains a challenge for musicians who perform in smoke-filled clubs in cities lacking those laws. But even if smokers can’t...more

Flaster Greenberg PC

Is Your Emotional Support Dog a Bone of Contention?

Flaster Greenberg PC on

Dogs can bring us companionship, a sense of purpose and enhanced health. Fortunately, courts (and landlords) are increasingly recognizing that an emotional support dog may be a reasonable accommodation of a disability under...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Holland & Hart - Health Law Blog

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Ward and Smith, P.A.

Hot Topics from the Community Association Institute's Law Seminar

Ward and Smith, P.A. on

Each year, the Community Association Institute ("CAI") assembles the top community association attorneys from around the country to participate in its Community Association Law Seminar, an education and networking event that...more

Fox Rothschild LLP

Catching Up With Reader Assistance Animal Questions

Fox Rothschild LLP on

First, let me go off topic for a minute to wish everyone a happy and healthy Thanksgiving holiday. As I do once a year, I want to give a special shout out to my wife (Hi Sweetie!) to see if she actually reads these posts....more

Hinshaw & Culbertson LLP

Seventh Circuit Sets Proof Paradigm for ADA Interference Claims

Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes,...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Fox Rothschild LLP

What’s the Difference Between A “Service Animal,” An “Assistance Animal,” And An “Emotional Support Animal”?

Fox Rothschild LLP on

As written in this space (and elsewhere) all too frequently, professional apartment owners and managers have seen a significant surge in the number of reasonable accommodation requests by residents with animals. Some of these...more

Farrell Fritz, P.C.

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use...

Farrell Fritz, P.C. on

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to...more

Ballard Spahr LLP

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

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The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more

Ballard Spahr LLP

DOJ provides guidance on service animal accommodation for housing and beyond

Ballard Spahr LLP on

According to a recent Department of Justice (DOJ) settlement, some pets are allowed in the house. HUD filed and settled a civil rights lawsuit against RiverBay Corporation, a New York City-based affordable housing cooperative...more

Sherman & Howard L.L.C.

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

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