The second part of the guidance considers other animals that are not service animals (this includes animals commonly known as “emotional support animals”). The first considers requests for service animals as defined by the Americans with Disabilities Act (ADA). The revised guidance issued by HUD now has a two-tier process to evaluate requests for a service or assistance animal. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities (referred to in the guidance as a “support animal” but also called "assistance animals"). Importantly, assistance animals are not considered pets and housing providers may not impose fees or deposits that are required for pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. The accommodation at issue a change to the rule that no animals are allowed. For decades, courts have recognized the ability to keep an animal in housing that otherwise does not allow animals as a reasonable accommodation. A person with a disability may seek a “reasonable accommodation” from a housing provider so that they may have an equal opportunity as an able-bodied person to use and enjoy a dwelling. The federal Fair Housing Act (FHA) makes it illegal to discriminate in housing based on disability. The following linked FAQs uses this new guidance to explain some of the common issues with respect to assistance animals. This guidance replaces the former guidance from 2013 (FHEO-2013-01).Ī 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 equal opportunity to use and enjoy a dwelling, including public and common use spaces. Department of Housing and Urban Development (HUD) released revised guidance for housing providers assessing the needs of individuals seeking to have an animal as a reasonable accommodation under the Fair Housing Act (FHA).
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