[NAGDU] Breed Restrictions-FHA

[james boehm]

Dear friends,Greetings. This is an interesting subject regarding the dangerous breeds and how it relates to the FHA. Marion is well versed in the laws and I look forward to learning what he finds out. I found the following info below, which I hope helps. I found it on the site that I use quite often: www.servicedogcentral.org. Here is what the site stated:

Species Restrictions
While only dogs are considered service animals under the ADA (and some accommodations may be required for the use of some miniature horses), the Fair Housing Act has no such restriction. While the ADA does not include emotional support animals, the FHA does. Some housing providers will be subject to the ADA, such as government owned housing. Some will be subject to the FHA, such as most landlords with more than four units. Some will be subject to both, and some to neither. Wherever the FHA applies, common domestic species are included as assistance animals, but where the ADA applies, only dogs are. Where both apply the FHA multiple species policy applies. 

http://servicedogcentral.org/content/files/HUD%20FHEO%20Memo%202-17-2011... <http://servicedogcentral.org/content/files/HUD%20FHEO%20Memo%202-17-2011%20Service%20Animal%20Memo%20%28accessible%29_0.pdf>
Breed Restrictions

A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would constitute an undue burden. An example might be if the landlord's insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.

http://servicedogcentral.org/content/files/2006-06-12%20HUD%20memo%20on%... <http://servicedogcentral.org/content/files/2006-06-12%20HUD%20memo%20on%20insurance%20policy%20restrictions%20related%20to%20reasonable%20accommodations.PDF>
‹ Section 508 of the Workforce Investment of 1998 <http://servicedogcentral.org/content/node/284>up <http://servicedogcentral.org/content/node/58>Settlement Agreements › <http://servicedogcentral.org/content/us-settlement-agreements>Now, if the housing falls under the ADA, I founds answers to questions regarding breeding on the www.ada.gov website. Here is what it said: <http://servicedogcentral.org/content/us-settlement-agreements>
 <http://servicedogcentral.org/content/us-settlement-agreements>Q22. Can service animals be any breed of dog?

A. Yes.  The ADA does not restrict the type of dog breeds that can be service animals.

Q23. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?
A. No.  A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave.  However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded.  If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.

Q24. If a municipality has an ordinance that bans certain dog breeds, does the ban apply to service animals?
A. No.  Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others.  Under the “direct threat” provisions of the ADA, local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal’s actual behavior or history, but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave.  It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction.  In fact, some jurisdictions have no breed restrictions.

EXCLUSION OF SERVICE ANIMALS

Q25. When can service animals be excluded?
A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public.  Nor does it overrule legitimate safety requirements.  If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited.  In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.

Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?
A. In most settings, the presence of a service animal will not result in a fundamental alteration.  However, there are some exceptions.  For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander.  At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated.  They cannot be restricted from other areas of the zoo.  


James Alan Boehm
 <http://servicedogcentral.org/content/us-settlement-agreements> <>EXCLUSION OF SERVICE ANIMALS

Q25. When can service animals be excluded?
A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public.  Nor does it overrule legitimate safety requirements.  If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited.  In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.

Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public?
A. In most settings, the presence of a service animal will not result in a fundamental alteration.  However, there are some exceptions.  For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander.  At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated.  They cannot be restricted from other areas of the zoo.  


James Alan Boehm
Peabody College of Vanderbilt University
Human Developmental Counseling/Clinical Counseling: M. ED.

Contact Information:
Phone: 901-483-1515
Personal Email: jimmydagerman80 at gmail.com
Graduate Email: James.A.Boehm at Vanderbilt.edu
NFB Email: secretary at nfb-tn.org
Kustom Cane: kustomcane at gmail.com

-Audrey Hepburn: "Nothing is impossible, the word itself says ‘I’m Possible'"
Live the life you want!