News & Analysis as of

Americans with Disabilities Act (ADA) Fair Housing Act (FHA) Department of Housing and Urban Development

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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Fox Rothschild LLP

HUD Settles Two Fair Housing Act Cases: One For $8,000 And One For $6,000

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In separate releases issued earlier today, the U.S. Department of Housing & Urban Development (HUD) announced that it settled two housing discrimination matters: one from California for $6,000 and one from Hawaii for $8,000....more

Fox Rothschild LLP

COVID-19: One Request Is A Reasonable Accommodation And One Is Not (But May Be Worth A Compassionate Release)

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I wanted to offer up two related COVID-19 fair housing scenarios I have seen recently in my discussions with apartment management clients. As written here (and elsewhere) regularly, our Fair Housing Act (FHA) requires...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

Lowndes

Emotional Support Animals: Do They Have To Live Here?

Lowndes on

Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

Fox Rothschild LLP

Answering Some Fair Housing Defense Reader Questions

Fox Rothschild LLP on

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

Whitman Legal Solutions, LLC

Cats, Dogs, Peacocks, and Mice – Accommodating Disabilities and Assistance Animals

We all love and indulge our pets. My cats have “contributed” to my articles by walking across my keyboard as I work. I was less thrilled with the cats when one left a dead mouse as a present on my stairs. For some people,...more

Fox Rothschild LLP

Answering Questions About Assistance Animals, Swimming Pools, And Food Service Areas

Fox Rothschild LLP on

A couple of assistance animal related questions have hit my desk recently. At properties which have pools, can assistance animals accompany residents into the pool area? How about into the pool? No, I am not making that...more

Shumaker, Loop & Kendrick, LLP

Accommodating Requests for Service Animals and Emotional Support Animals in your Community

Many community associations are presented with requests for accommodating service animals and emotional support animals. It can be difficult to navigate through the various laws. There are specific obligations required of...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

Ballard Spahr LLP

HUD Adopts New Accessibility Standard

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On May 23, the U.S. Department of Housing and Urban Development (HUD) announced its adoption of an alternative accessibility standard for construction and alteration of housing and other facilities subject to Section 504 of...more

Ballard Spahr LLP

Service animals in residence halls – an overview of federal requirements

Ballard Spahr LLP on

Increasingly, students with disabilities bring service animals to college campuses. This means that educational institutions must sort through an array of competing federal and state laws governing the use of such animals in...more

Franczek P.C.

Federal Court Determines That The Fair Housing Act Applies To University Housing

Franczek P.C. on

In United States of America v. University of Nebraska at Kearney, et al., the United States District Court for the District of Nebraska granted partial summary judgment against the University of Nebraska at Kearny in a case...more

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