News & Analysis as of

Reasonable Accommodation Assistive Animals

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more

Miller Nash LLP

What Colleges and Universities Need to Know about Service Animals, Emotional Support Animals, and Assistance Animals

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This is the second blog post in our new series on Assistance Animals, Service Animals, and Emotional Support Animals. See the first post here. Stay tuned in the coming weeks for blog posts addressing unique questions and...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

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

Fox Rothschild LLP

Catching Up On Reader Questions

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A handful of helpful reminders today in response to questions sent in by blog readers: 1. If you are going to draft community rules and policies (indeed, a best practice in my view) please remember not to single out...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

HUD Issues New Assistance Animal Guidance

Fox Rothschild LLP on

In another helpful development for the professional apartment management industry, last week the U.S. Department of Housing & Urban Development (HUD) issued a long-awaited guidance document concerning use of an animal as a...more

Cohen Seglias Pallas Greenhall & Furman PC

HUD Issues New Guidance on Assistance Animals: A Must-Read for Housing Providers

Earlier this week, the U.S. Department of Housing and Urban Development (HUD) issued its new guidance, “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation under the Fair Housing Act.” In the...more

Franczek P.C.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

Franczek P.C. on

When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more

Tarter Krinsky & Drogin LLP

Service And Emotional Support Animals In Office Buildings In New York City

What rights do employees of tenants or other occupants of office buildings have to bring service animals and emotional support animals into New York City office buildings? What rules and restrictions can the owners of office...more

Saul Ewing LLP

New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential...

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A new Illinois law that will take effect on January 1, 2020, will help condominium associations and other housing providers evaluate requests for emotional support animals and other assistance animals....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

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

Fox Rothschild LLP

Waiting For HUD Guidance On Two Fair Housing Issues

Fox Rothschild LLP on

A little housing policy inside baseball today. Those of us in the multifamily housing space are waiting for our friends at HUD to act on two matters of interest: First, as previously noted, HUD issued an advance notice of...more

Fox Rothschild LLP

HUD Resolves California Emotional Support Animal FHA Case For $8,500

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On October 11, 2018, the U.S. Department of Housing and Urban Development (HUD) announced that a disability discrimination claim from California settled for $8,500. The agreement resolved a complaint filed by a resident with...more

Parker Poe Adams & Bernstein LLP

Can Employees Bring Emotional Support Animals Into the Workplace?

Recent news stories have highlighted situations where airline passengers and other users of public accommodations have insisted on bringing a veritable menagerie of animals with them, on the basis that they provide emotional...more

Fox Rothschild LLP

Some Further Thoughts On Fair Housing Act Medical Verifications

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I have had a handful of reasonable accommodation requests come across my desk over the last month with the same issue: when the leasing office gets a medical verification, the health care provider identifies that the resident...more

Fox Rothschild LLP

Concerned About An Emotional Support Animal Medical Verification That Might Have Been Purchased Online?

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Professional apartment management companies continue to face an ever increasing number of emotional support animal medical verification letters that are purchased over the internet following just a few clicks on a computer...more

Fox Rothschild LLP

HUD Approves Settlement Of Nevada Assistance Animal Case For $6,000

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Last month the U.S. Department of Housing & Urban Development (HUD) approved a settlement agreement concluding an assistance animal Fair Housing Act (FHA) discrimination case from Nevada. An applicant submitted a reasonable...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

Fox Rothschild LLP

Assistance Animals And Guests? Here Are Some General Guidelines.

Fox Rothschild LLP on

I have used this space (and elsewhere) to discuss various issues involving service and emotional support animals for apartment community residents. Included in that, of course, is that management must make a reasonable...more

Fox Rothschild LLP

Court Issues Guidance Concerning Evaluating When An Animal Might Be A “Direct Threat”

Fox Rothschild LLP on

When evaluating assistance animal requests from our residents, one of the issues faced by apartment leasing offices across the country is what to do if the animal is believed to be a “direct threat.” The law is absolutely...more

Fox Rothschild LLP

Virginia Offers Guidance For Confirming That Medical Verifications For Emotional Support Animals Are Legitimate

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It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have...more

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