FHA allows both “assistance animals” and “service dogs.”Ī request to have an assistance animal, which can include a service animal under the ADA definition, must be evaluated under the reasonable accommodation standard. The threshold question is what kind of animal is the tenant requesting. For individuals with disabilities who want to have their animals, the relevant one is the duty of covered entities to provide a reasonable accommodation defined as “a change, exception, or adjustment to a rule, policy, practice, or service.” If a tenant, or proposed tenant, asks permission to have an animal, and the provider has a “no pets” policy, FHA and Section 504 would both require that this be considered a request for reasonable accommodation. There are various protections from discrimination included in the FHA. DOJ also enforces compliance with Section 504 of the Rehabilitation Act of 1973. Section 504 of the Rehabilitation Act will also apply to FHA housing if the housing provider has received federal financial assistance that can include funding received by FHA. Two federal agencies-the Department of Justice (DOJ) and Housing and Urban Development (HUD)-have authority to enforce the FHA. The three exceptions to coverage are 1) rental dwellings of four units or less, if one unit is occupied by the owner 2) single family homes sold or rented by the owner without a broker and 3) housing owned by private clubs or religious organizations that restrict housing units to their members. Many types of housing, including public housing, are covered by FHA. First, the federal Fair Housing Act (FHA) prohibits discrimination on the basis of race, color, religion, sex, national origin, familial status and disability in housing. Two other federal laws are also relevant to the rights of individuals with disabilities in housing. Fair Housing Act (FHA) and Section 504ĪDA Titles II and III cover some housing situations and in those cases, the regulations applicable to assistance animals, including service animals, are applied. Additional information and resources, including the rights of individuals with disabilities with service animals under the Americans with Disabilities Act (ADA), can be found at. This document summarizes the legal protections provided individuals with disabilities under the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act of 1973, and the Air Carrier Access Act (ACAA). Numerous federal laws address the rights of individuals with disabilities to be accompanied by their assistance animals, which includes service animals, in public spaces.

ADA Knowledge Translation Center Legal Brief No.

Fair housing service animal age