News & Analysis as of

Assistive Animals Service 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

Parker Poe Adams & Bernstein LLP

Are Miniature Horses Service Animals?

We have received an increasing number of questions about service animals — and most recently — an inquiry about miniature horses. While the statutory definition of "service animal" under Title III of the Americans with...more

Sheppard Mullin Richter & Hampton LLP

A Landlord’s Guide to Assistive Animals

With the surge of return to work policies cropping up through out the US, we have received an uptick of landlord inquiries about pets and animals in leased spaces. While it is a landlord's prerogative to prohibit pets in...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

Fox Rothschild LLP

NJ Bill Could Impose Unwarranted Animal Forfeiture

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A recent Bill, A2354, introduced in February of this year by New Jersey legislators should be on the forefront of any New Jersey animal owner’s mind. The Bill proposes amendments, bolstering existing animal cruelty statute...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Tightens the Leash on Fake Fidos

On July 14, 2020, Missouri Governor Mike Parson signed Senate Bill (SB) 644, increasing the potential penalties imposed on Missourians and visitors who attempt to pass off their pets as bona fide service dogs. While Missouri...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

Fox Rothschild LLP on

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

DOT Speaks . . . . Service Animals v. Emotional Support Animals v. Pets

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One of the most controversial developments in air travel is the proliferation of service and support animals. While history proves that dogs can perform extremely valuable services to disabled people, the value of support...more

Fox Rothschild LLP

HUD Issues New Assistance Animal Guidance

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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

Fox Rothschild LLP

HUD Settles California Assistance Animal Case For $15,000

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In a statement issued at the end of last week, the U.S. Department of Housing & Urban Development (HUD) announced it resolved a disability discrimination Fair Housing Act (FHA) case in California asserting that various...more

Fox Rothschild LLP

States Join In Attempting To Prevent Fraudulent Assistance Animal Medical Verifications

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I do my level best to be evenhanded when I review emotional support animal (ESA) medical verification letters when I know they have been purchased over the internet after a short self-diagnosis questionnaire and perhaps use...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

Fox Rothschild LLP

On The Plight/Flight Of Service Animals

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On Wednesday, August 21, 2019, the U.S. Department of Transportation published a “Final statement of enforcement priorities regarding service animals.” 84 FR 43480-01, 2019 WL 3934886 (F.R.). Unfortunately, as several...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

Fox Rothschild LLP

Passenger Sues Delta Airlines Over Injuries Sustained In Alleged Emotional Support Animal Incident

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A man allegedly attacked by an emotional support animal (ESA) on a Delta Airlines flight back in 2017 has now sued the airline and the animal’s owner for negligence. The incident took place on a flight from Atlanta to San...more

Fox Rothschild LLP

An Update On Possible HUD Emotional Support Animal Guidance

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A Fair Housing Defense blog reader (thanks for stopping by) asked me to give an update with respect to potential guidance from the U.S. Department of Housing & Urban Development (HUD) and/or the U.S. Department of Justice...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

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