[NFBMT] Montana guide dog laws

Thu Aug 30 10:15:33 UTC 2018

Attached and below, for your information.  Joy 

MONTANA:   

Montana Statutes, Human Rights Law, passed in 1947 and last amended in 1997, 

Sections 49-4-202 through 49-4-217 Montana statutes guarantee a blind person
the legal right to be accompanied by a specially trained dog guide in all
public accommodations and on all public transportation. A dog guide user also
has a legal right to equal housing accommodation in all housing. No extra
charge can be levied because of the dog's presence, but the dog guide user is
liable for any damage the dog might cause to the premises. A landlord is not
required to modify the property nor to provide a higher degree of care than
that provided other persons. Also, Montana state policy ensures a blind
person the right to equal employment opportunity in its state service, the
service of its political subdivisions, the public schools or employment
supported in whole or in part by public funds, except when the particular
disability prevents performance of the work involved. Public accommodations
include hotels, public buildings, stores, places of resort and amusement, and
all other places to which the general public is invited. 

(Sect. 49-4-211, 49-4-214) Public transportation includes trains, airplanes,
buses, boats, taxis, and all modes of transportation offered for public use. 

(Sect. 49-4-211, 49-4-214) Housing includes any real property or portion
thereof which has been offered for rent, lease or compensation as a home,
residence or sleeping place, but does not include single family dwellings,
the occupants of which have offered not more than one room for rent. 

(Sect. 49-4-212, 49-4-214) The driver of a vehicle will yield the
right-of-way to a pedestrian with a dog guide. 

(Sect. 49-4-216) Violators will be fined not more than $25. 

(Sect. 49-4-217) Violation: Any person, firm, or corporation or agent thereof
who interferes with the rights enumerated above is guilty of a misdemeanor
and punishable accordingly under Montana law. 

(Sect. 49-4-215)

FAIR HOUSING ACT

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on
the basis of race, color, religion, sex, disability, familial status, and
national origin.  Its coverage includes private housing, housing that
receives Federal financial assistance, and State and local government
housing.  It is unlawful to discriminate in any aspect of selling or renting
housing or to deny a dwelling to a buyer or renter because of the disability
of that individual, an individual associated with the buyer or renter, or an
individual who intends to live in the residence.  Other covered activities
include, for example, financing, zoning practices, new construction design,
and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable
exceptions in their policies and operations to afford people with
disabilities equal housing opportunities.  For example, a landlord with a "no
pets" policy may be required to grant an exception to this rule and allow an
individual who is blind to keep a guide dog in the residence.  The Fair
Housing Act also requires landlords to allow tenants with disabilities to
make reasonable access-related modifications to their private living space,
as well as to common use spaces.  (The landlord is not required to pay for
the changes.)  The Act further requires that new multifamily housing with
four or more units be designed and built to allow access for persons with
disabilities.  This includes accessible common use areas, doors that are wide
enough for wheelchairs, kitchens and bathrooms that allow a person using a
wheelchair to maneuver, and other adaptable features within the units.

PENALTIES FOR ADA VIOLATIONS [Reads in Part]:

Violations under the Americans with Disabilities Act  (ADA) may include penal
and civil damages, depending on the nature of the complaint.  Damages can be
as much as $50,000 for the first offense and $100,000 for subsequent
offenses.

Under the ADA and its implementing regulations, the right of a blind person
to be accompanied by a guide dog in places which serve the public is
guaranteed.  Section 36.104 of Title 3 specifies that "service animals,"
which include guide dogs, are covered by the statute.  The right of a blind
person to be accompanied by a guide dog is guaranteed and the term "public
accommodation" is also defined under this provision.

Joy Breslauer, President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

Live the life you want

The National Federation of the Blind is a community of members and friends
who believe in the hopes and dreams of the nation's blind. Every day we work
together to help blind people live the lives they want. 

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