Animals and the Fair Housing Act brochure

10 Animals and the Fair Housing Act The Fair Housing Act The Fair Housing Act FHA prohibits discrimination in housing on the basis of race , color , religion , sex , national origin , familial status , and disability 1 ? The FHA makes it unlawful for a person to refuse " to make reasonable accommodations in rules , policies , practices , or services , when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dw elling " 2 " A reasonable accommodation is a change , exception , or adjustment to a rule , policy , practice , or service that may be necessary for a person with a disability " 3 ? Exceptions to " No Pets " policies have been shown to be a reasonable accommodation The person with the disability must show a link between his her disabilitity and the task the animal provides Who is protected under the Fair Housing Act The FHA protects persons with disabilities from housing discrimination In the FH A , the term that is used is " handicap " The FHA also protects people with disabilities who are associated with a tenant or homeowner ? " Handicap " is defined as " a physical or mental impairment which substantially limits one or more of such person's major l ife activities " 4 Examples of Disabilities ? Cognitive Disability ? Past Substance Use Disorder ? Traumatic Brain Injury ? AIDS , HIV ? Epilepsy ? Mental Illness ? Visual Impairments ? Auditory Impairments ? Mobility ImpairmentsPageWhat types of housing are covered by the FHA ? The FHA defines " dwelling " as " any building , structure , or portion thereof which is occupied as , or designed or intended for occupancy as , a residence by one or more families , and any vacant land which is offered for sale or lease for the construction or location thereon of any such building , structure , or portion thereof " 5 ? The term " dwelling " has been broadly interpreted ? Examples of housing covered o Nursing Homes o Group Homes o Seasonal Facilities o Residential Facilities o Mobile Homes o Trailer Parks o Condominiums 6 ? Types of housing NOT covered o Buildings with 4 or less units where the landlord occupies one of the units o Single family housing sold or rented without a real estate broker 7 o Hotels and Motels are not considered dwell ings under the FHA but are considered places of public accommodation under the Americans with Disabilities Act o Private Clubs What is a " Reasonable Accommodation " " A reasonable accommodation is a change , exception , or adjustment to a rule , policy , practice , or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling , including public and common use spaces " 8Page? To qualify for a reasonable accommodation o Tenant must have a disability , and o Reasonable Accommodation must be necessary to afford tenant an equal opportunity to use and enjoy the dwelling 9 ? Landlords must allow an exemption to a " No Pets " policy f or a tenant that has an emotional support animal because of his her disability , unless o The animal would create an undue burden , or o It would be a fundamental alter ation of the service provided ? A person with a disability must show a link between his her disability and the task the animal provides Examples include o Guiding individuals with visual impairment ; o Alerting individuals who are hard of hearing ; o Providing protection or rescue assistance ; o Pulling a wheelchair ; o Alerting to impending seizures ; o Providing emotional support for persons with a disability - related need for such support 10 ? Other examples of reasonable accommodations include o Accommodating behaviors directly related to a person's mental disability o Providing an assigned parking spot near the unit of a person with a mobility disability o Allowing a variance of a rule about fence height to accommodate the needs of a child with autism o Assigning a mailbox to an accessible locationPageWhen may my landlord ask questions about my disability ? Generall y , landlords may not ask questions about an applicant's disability , unless the applicant is 1 Requesting an accommodation or modification , 2 Applying for a housing program designated for persons with disabilities , 3 Applying for a preference or priority for persons with disabilities , or 4 Trying to qualify for an allowance that reduces rent because of a disability Service Animals vs Emotional Support Animals ? Service Animal any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability The service animal learns to recognize and respond to the person's environment and actions o Under the ADA , only dogs and miniature horses are recognized as service animals ? Emotional Support Comfort Assistance Animal any animal that provides emotional support , well - being , or companionship ; not individually trained Emotional support animals have been proven to help diminish the symptoms of disabilities by providing therapeutic nurture and support 11 o Emotional suppo rt animals are not limited to dogs and can be any species of animal Where is my animal permitted This depends on whether you are a tenant or homeowner and whether your animal is classified as a " service animal " or an " emotional support animal " o If you are a tenant or homeowner , your emotional support animal or service animal is allowed in the home and common areas and in places of public accommodation within the housing complex o If you are not a tenant or homeowner , your service animal is permitted in the home and common areas and in places of public accommodation within the housing complex However , if you are not a tenant or homeowner , an emotional support animal is not permitted in places of public accommodation within the housing complex PagePage pageNumber5o The FHA also protects prospective tenants or homeowners and guests of tenants or homeowners A prospective tenant or homeowner , or a guest of a tenant or homeowner , must also be permitted to bring both service animals and emotional support animals into the home an d common areas and in places of public accommodation within the housing complex ? Under the FHA , as long as the requestor is a person with a disability and can show that the animal helps to alleviate symptoms , he she will be entitled to a reasonable accommo dation allowing the emotional support animal into the housing unit 12 ? Under Title III of the Americans with Disabilities Act only service animals are permitted in places of public accommodation If you are not a tenant or homeowner , a prospective tenant or homeowner , or a guest of a tenant or homeowner , emotional support animals are not permitted ? In the housing context , what is a " place of public accommodation " o Rental Offices ; o Areas of a private housing complex open to the public Examples 1 A private apartment complex has a swimming pool which may be used by apartment tenants and their guests The apartment complex also sells memberships to the public for use of the pool The pool is considered a common area for tenants and their guests and a place of public accommodation for the general public Therefore , a member of the public may bring his or her service animal , but his or her comfort animal may be excluded However , a tenant or a tenant's guest must be permitted to bring his or her se rvice animal or emotional support animal 2 A private condominium complex restricts the use of its party room to residents and their guests The complex does not rent the party room to businesses or organizations The party room is not a place of publ ic accommodation , but a common area under the FHA Therefore , tenants , homeowners , and their guests must be allowed to use either service animals or emotional support animals in such locations However , because these areas are not public accommodations , the ADA does not apply and members of the public do not have any right to enter 3 A rental office of a private residential apartment complex is a place of public accommodation 13 Therefore , a member of the public may bring his or her service animal , but his or her emotional support animal may be excluded However , a prospective tenant or tenant must be permitted to bring his or her service animal or emotional support animal PagePage pageNumber6Am I required to pay a pet fee No The housing provider must waive any pet fe es or pet deposits But , if the animal causes damage , the tenant may be required to pay the repair costs 14 When can my request for an accommodation be denied Landlords and managers may deny a request for an assistance comfort emotional support animal i f o It would pose a direct threat to the health or safety of others o Would result in substantial physical damage to the property of others , unless the threat can be eliminated or significantly reduced by a reasonable accommodation o Would pose an undue financ ial and administrative burden , or o Would fundamentally alter the nature of the provider's operations 15 What steps should I take Request a reasonable accommodation from the landlord in writing o State that you are a tenant with a disability and tell the landlord how an accommodation would be useful o Include a note from your doctor or therapist explaining the need for the animal 16 o If it is not an undue bur den or fundamental alteration , the landlord must grant the request What if my request is denied The US Dept of Housing and Urban Development enforces the Fair Housing Act ? Complaints of Fair Housing Act violations may be filed with the US Department of Housing and Urban Development within one year of the incident o For more information visit wwwhudgov offices fheo or call 1 - 800 - 669 - 9777 ? Complaints may also be filed with the Civil Rights Division of the Justice Department PagePage pageNumber7? Disability Rights NC is available for question s or concerns o Please visit ht tp wwwdisabilityrightsncorg or call Toll - Free 877 235 - 4210 ? Legal Aid's Fair Housing Project o The Fair Housing Project of Legal Aid of North Carolina is available to provide information concerning your rights under the Fair Housing Act Please visit http wwwfairhousingncorg for more information Call 1 - 855 - 797 - 3247 or email info @ fairhousingncorg Sample Letter to Landlord Date Dear Name of Landlord Housing Manager I am __________ and live in unit _____ I am a person with a disability , as defined under the Fair Housing Act My disability limits my ability to ____________ I would like to request a reasonable accommodation of exempting me from the " No Pets " policy that is currently in place My service animal emotional support animal helps me to __________ Please see the attached verification from my health care pr ovider explaining how the accommodation would assist me with my disability I am asking that you modify your rules prohibiting pets to allow me to have a service animal emotional support animal This reasonable accommodation of your " No Pet " policy would provide me with full use and enjoy ment of the housing unit as a person with a disability I look forward to hearing from you by a date in the near future T hank you for your consideration Sincerely , Your NamePagePage pageNumber81 42 USC § 3601 - 3619 2 2 42 USC § 3602 f 3 B 3 Joint Statement of HUD and DOJ on Reasonable Accommodations Under the Fair Housing Act 2008 4 42 USC § 3602 h 5 42 USC § 3602 b 6 Service Animals and Housing , http wwwdeltasocietyorg pageaspx pid 489 7 The Fair Housing Act An Overview fo r People with Disabilities , http wwwdrnpaorg File publications the - fair - housing - act 2008 8 Joint Statement of HUD and DOJ on Reasonable Accommodations Under the Fair Housing A ct 2008 9 Marley J Eichstaedt , Assistance Animals in Housing - New HUD Guidance Regarding Assistance Animals , Northwest Fair Housing Alliance 10 Pet Ownership for the Elderly and Persons With Disabilities , 73 FR 63834 - 01 11 Right to Emotional Support Animals in " No Pet " Housing , Bazelon Center for Mental Health Law 12 Right to Emotional Support Animals in " No Pet " Housing , Bazelon Center for Mental Health Law 13 The Directory of Accessible Housing , http wwwaccessiblehousingorg rights 1990 asp 14 Reb ecca J Huss , No Pets Allowed Housing Issues and Companion Animals , 11 A NIMAL L 69 2005 15 Marley J Eichstaedt , Assistance Animals in Housing - New HUD Guidance Regarding Assistance Animals , Northwest Fair Housing Alliance 16 Right to Emotional Support Animals in " No Pet " Housing , Bazelon Center for Mental Health Law Disability Rights North Carolina is a 501 c 3 nonprofit organization headquartered in Raleigh It is a federally mandated protection and advocacy system with funding from the US Department of Health and Human Services , the US Department of Education , and the Social Security Administration Its team of attorneys , advocates , paralegals and support staff provide advocacy and legal services at no charge for people with disabilities across North Carolina to protect them from discrimination on the basis of their disability All pe ople with disabilities living in North Carolina are eligible to receive assistance from Disability Rights NC Contact us for assistance or to request this information in an alternate format 919 - 856 - 2195 877 - 235 - 4210 toll free 888 - 268 - 5535 TTY 919 - 8 56 - 2244 fax Disability Rights North Carolina 3724 National Drive , Suite 100 Raleigh , North Carolina 27612 wwwdisabilityrightsncorgPage