[nagdu] Clarification from HUD re: service animals - Notice Issued

[Dailyah]

This just in (April 25th, 2013) from HUD!  This is a really nice explanation and clarification of certain obligations of housing providers under the FHA, Section 504, and the ADA with respect to service animals and emotional support animals.  I copied the press release into the body of this message.  The link at the end goes to the official notice that went out. Enjoy!  

Dailyah Rudek
ProBoneO Program, Director
dailyah at pbop.org
650-799-2312

HUD ISSUES NOTICE ON ASSISTANCE ANIMALS AND REASONABLE ACCOMMODATIONS FOR
PERSONS WITH DISABILITIES

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today
issued a Notice reaffirming that housing providers must provide reasonable
accommodations to persons with disabilities who require assistance animals. The
"Notice on Service Animals and Assistance Animals for People with
Disabilities in Housing and HUD-Funded Programs" discusses how the Fair
Housing Act and the Americans with Disabilities Act (ADA) intersect regarding
the use of service or assistance animals by persons with disabilities.

The Fair Housing Act prohibits landlords from discriminating based on
disability, race, color, national origin, religion, sex, and familial status.
The ADA prohibits discrimination against people with disabilities in
employment, transportation, public accommodations, communications, and state
and local government activities. Both laws contain provisions which address the
use of service or assistance animals by people with disabilities. While the
Fair Housing Act covers nearly all types of housing, some types of housing,
such as public housing, are covered by both laws. 

"The vital importance of assistance animals in reducing barriers,
promoting independence, and improving the quality of life for people with
disabilities should not be underestimated, particularly in the home," said
John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.
"Disability-related complaints, including those that involve assistance
animals, are the most common discrimination complaint we receive. This notice
will help housing providers better understand and meet their obligation to
grant reasonable accommodations to people with disabilities that require
assistance animals to fully use and enjoy their housing."

HUD's new notice explains housing providers' obligations under the Fair Housing
Act, including the requirement to provide reasonable accommodations to people
with disabilities who require assistance animals. Pet restrictions cannot be
used to deny or limit housing to people with disabilities who require the use
of an assistance animal because of their disability. Housing providers must
grant reasonable accommodations in such instances, in accordance with the law.
The guidance also describes the Department of Justice's revised definition of
"service animal" under the ADA, as well as housing providers'
obligations when multiple nondiscrimination laws apply.

The Americans with Disabilities Act requires equal access for people with
disabilities using trained service dogs in public accommodations and government
facilities. Under the Fair Housing Act, housing providers have a further
obligation to accommodate people with disabilities who, because of their
disability, require trained service dogs or other types of assistance animals
to perform tasks, provide emotional support, or alleviate the effects of their
disabilities. 

HUD's and the Department of Justice's Joint Statement on Reasonable
Accommodations provides additional information regarding housing providers'
obligations to provide reasonable accommodations. The Department of Justice has
also published a fact sheet on service animals and the ADA.
...
Persons who believe they have been denied a reasonable accommodation request
may file a complaint by contacting HUD's Office of Fair Housing and Equal
Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing
discrimination complaints may also be filed by going to
www.hud.gov/fairhousing, or by downloading HUD's free housing discrimination
mobile application, which can be accessed through Apple devices, such as the
iPhone, iPad, and iPod touch.


http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2013/HUDNo.13-060A