SERVICE DOGS LAWS

1. Housing and Urban-Rural Recovery Act of 1983.

Under this Act [FN 1], no owner or manager of any federally assisted rental housing for elderly persons or persons with a disability may prohibit a tenant from having "common household pets." In addition, owners or mangers cannot discriminate against any person from admittance or continued occupancy of such housing because of ownership of a companion animal. [FN 2]
If you live in a federally assisted housing unit, receiving subsidy from the federal government, that is designated for housing senior citizens or persons with a disability, your rental unit cannot prohibit you from keeping your animal companion with you in your home. If you live in such a housing unit, and you are being prevented from keeping a companion animal with you, put the owner or manager on notice that he or she is violating the Housing and Urban-Rural Recovery Act of 1983.

Although landlords of senior citizen or disabled persons housing may not discriminate against those who have, or wish to acquire, companion animals. it is very important to note that the statute provides that such landlords are explicitly permitted to require the removal of an animal who is considered a "nuisance" or a threat to other persons in the community. [FN 3] It is thus of the utmost importance that tenants with companion animals take all reasonable steps to keep their companions contented in their homes, and therefore "good neighbors." Excessive noise, unsanitary conditions, or threatening behavior on the part of the animal would all provide a basis for the landlord to require the companion animal to be removed from the rental unit.


2. Fair Housing Amendments Act of 1988 [FN 4]

This statute states that fair housing is to be provided, according to constitutional restrictions, throughout the United States. It states that it is illegal to refuse to sell or rent a dwelling to a person because of race, color, religion, sex, familial status, or national origin. The Act's prohibitions against discrimination in housing against a person with disabilities is of most importance to the issue of companion animals in housing.

The Act may be used to prohibit a person from refusing to sell or rent to a person who needs a companion animal in his or her home for reasons of mental or physical health. A landlord is required to make "reasonable accommodations" in rules, policies, practices, or services when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.

The provision prohibiting discrimination against persons with disabilities may give broader rights for tenants to live with companion animals than may be immediately apparent.

The sections of the Code of Federal Regulations implementing the Fair Housing Amendments illustrate how broad a definition of "disability" is encompassed by the Act. [FN 5]

"Handicap" means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities: a record of such impairment; or being regarded as having such an impairment. The term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual should not be considered to have a handicap solely because that individual is a transvestite. As used in this definition:

(a) "physical or mental impairment" includes:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; muscoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito- urinary; hemic and lymphatic; skin; and endocrine; or

(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

If one or more of these disabilities prevents a tenant from performing "major life activities," defined as "caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working" [FN 6], the landlord must make a reasonable accommodation for that disability, including permitting the tenant to live with a companion animal as an "assistive" animal. While guide dogs, hearing assistive dogs and other specially trained companions are clearly assistive animals, animals who provide other physical assistance or emotional support are also considered assistive animals. Such animals do not have to have received special training, and the landlord must permit you to have any animals who are permitted to be kept as residential companions under applicable state and local laws. The interpretation of "reasonable" accommodation may, however, place some restrictions on the number, size, or behavior of your companions.

It is important to note that the fact that the lease on a rental unit is not in the name of the person with a disability does not affect the right of a person living in the unit to keep a companion animal. The law is applied to the person renting the unit, and any persons legally living in the dwelling or intending to live in the dwelling after it is rented. [FN 7]

The Fair Housing Amendments Act applies to nearly all housing, whether the dwelling is for sale or rent. Two categories of housing that do not fall under the coverage of the Act are buildings with four or fewer units if the landlord lives in one of the units, and units belonging to private owners who own fewer than three single family houses or rent such units, who do not use a real estate broker or agent in leasing their units, and who do not post discriminatory notices or advertisements. [FN 8]


3. Americans With Disabilities Act of 1990 [FN9].

Under this Act, public agencies or agencies receiving federal funds must provide access for all individuals, regardless or disability. Again, "disability" is broadly defined and if you need your companion animal as part of your treatment or rehabilitation, you may be able to use this Act to keep your animal in rental housing. You may need documentation from your physician stating why you need an animal companion to live with you.


4. Rehabilitation Act of 1973. [FN10]

Section 504 of the Rehabilitation Act of 1973 provides that no disabled person can be discriminated against or excluded from participating in a program or activity receiving federal public assistance. Such programs include: an agency of a state or local government; a college, university, or other institution of higher education receiving federal funds, or a corporation receiving federal funds or subsidies. A landlord connected with a federally funded program or activity may not discriminate against a person who needs a companion animal for assistance. Those persons who are considered "disabled" and who have a companion animal as part of their rehabilitation, may demonstrate their need to have their companion animal living with them in their accommodations if the landlord is connected with a federally funded program.




FN 1. U.S.C. § 1701r-1 ("Pet ownership in assisted rental housing for the elderly or handicapped").

FN 2. The Act provides that:

No owner or manager of any federally assisted rental housing for the elderly or handicapped may --
(1) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or

(2) restrict or discriminate against any such person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person.

Id. at § 1701r-1 (a).

FN 3. Section "c" of the Act provides for "removal of pets constituting a nuisance":
Nothing in this section may be construed to prohibit any owner or manager of federally assisted rental housing for the elderly or handicapped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the removal of any such housing of any pet whose conduct or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located.
Id. at § 1701r-1 (c).

FN 4. 42 U.S.C. §§ 3601-3619.

FN 5. 24 C.F.R. § 100.201.

FN 6. Id.

FN 7. 24 C.F.R. § 100.202.

FN 8. 42 U.S.C. § 3603 (b).

FN 9. 42 U.S.C. §§ 12131-12133.

FN 10. 29 U.S.C. § 794.