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What Housing Providers Need to Know About Service Animals

Under the Fair Housing Act, a housing provider cannot refuse housing to someone who is disabled because of their disability. Just as important, the law requires housing providers to accommodate a person’s disability by changing or modifying a rule or policy or practice when doing so is necessary to give the disabled person equal opportunity to use and enjoy his or her unit.
Under the Fair Housing Act, a housing provider who has established a "no pet" policy must allow a disabled resident to keep a service animal as a reasonable accommodation. The housing provider must allow the disabled resident to keep the service animal if three conditions are met:  (1) the resident must meet the definition of handicap as defined in the fair housing law; (2) the housing provider must know about or should have know about the resident’s handicap; and (3) the accommodation may be necessary to afford the disabled resident an equal opportunity to use and enjoy the dwelling.
Example: A blind applicant for rental housing wants to live in a dwelling unit with a seeing-eye dog. The building has a “no pets” policy. It is a violation of the law for the owner or manager of ... more

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