News & Analysis as of

Reasonable Accommodation Fair Housing Act (FHA) Service Animals

Ward and Smith, P.A.

Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

Ward and Smith, P.A. on

In general, as long as such restrictions are drafted clearly, the North Carolina Courts will uphold their enforcement; however, there are several factors community associations should consider when establishing and enforcing...more

Adams & Reese

How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals?

Adams & Reese on

A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

Miller Nash LLP on

In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Lasher Holzapfel Sperry & Ebberson PLLC

When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals

What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

Holland & Hart LLP on

QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 2: FHA Considerations

Amundsen Davis LLC on

Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more

Seyfarth Shaw LLP

California Governor Takes Action to Combat Emotional Support Animal Fraud

Seyfarth Shaw LLP on

Seyfarth Synopsis: California enacts new law, effective January 1, 2022, to crack down on fraudulent emotional support dogs....more

Jaburg Wilk

The Neighbor with Four Barking Dogs

Jaburg Wilk on

The reason that many people want to live in a community that is governed by “Codes, Covenants and Restrictions” (“CC&R’s) is to have the peace-of-mind that comes with knowing that everybody in the community is “playing by the...more

Fox Rothschild LLP

HUD Charges Wisconsin Property Owner/Manager With Disability Discrimination Related To An Assistance Animal

Fox Rothschild LLP on

Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to...more

Fox Rothschild LLP

Catching Up On Reader Questions

Fox Rothschild LLP on

A handful of helpful reminders today in response to questions sent in by blog readers: 1. If you are going to draft community rules and policies (indeed, a best practice in my view) please remember not to single out...more

Arnall Golden Gregory LLP

HUD Updates and Clarifies Assistance Animal Guidance

The United States Department of Housing and Urban Development (HUD), on Jan. 28, issued new guidance on requests for reasonable accommodation under the Fair Housing Act (FHA) relative to “assistance animals” in various...more

Fox Rothschild LLP

Further Thoughts On The HUD Assistance Animal Guidance

Fox Rothschild LLP on

Your humble Fair Housing Defense blog editor appreciated hearing from a number of you concerning the new HUD guidance addressing reasonable accommodation requests for animals under the Fair Housing Act (FHA). In response to...more

Fox Rothschild LLP

HUD Issues New Assistance Animal Guidance

Fox Rothschild LLP on

In another helpful development for the professional apartment management industry, last week the U.S. Department of Housing & Urban Development (HUD) issued a long-awaited guidance document concerning use of an animal as a...more

Cohen Seglias Pallas Greenhall & Furman PC

HUD Issues New Guidance on Assistance Animals: A Must-Read for Housing Providers

Earlier this week, the U.S. Department of Housing and Urban Development (HUD) issued its new guidance, “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation under the Fair Housing Act.” In the...more

Fox Rothschild LLP

Answering Some Fair Housing Defense Reader Questions

Fox Rothschild LLP on

When I do fair housing training, I always say to my audience that if one of you has a question, I am willing to bet another person in the room has the same question....more

Flaster Greenberg PC

Is Your Emotional Support Dog a Bone of Contention?

Flaster Greenberg PC on

Dogs can bring us companionship, a sense of purpose and enhanced health. Fortunately, courts (and landlords) are increasingly recognizing that an emotional support dog may be a reasonable accommodation of a disability under...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Fox Rothschild LLP

Some Further Thoughts On Fair Housing Act Medical Verifications

Fox Rothschild LLP on

I have had a handful of reasonable accommodation requests come across my desk over the last month with the same issue: when the leasing office gets a medical verification, the health care provider identifies that the resident...more

Fox Rothschild LLP

HUD Charges New York Property Owners With Disability Discrimination Over An Alleged Assistance Animal

Fox Rothschild LLP on

In a case filed last week, the U.S. Department of Housing & Urban Development (HUD) formally charged property owners in Syracuse, New York with violating the Fair Housing Act (FHA) asserting that the owners failed to...more

Holland & Hart - Health Law Blog

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Fox Rothschild LLP

Assistance Animals And Guests? Here Are Some General Guidelines.

Fox Rothschild LLP on

I have used this space (and elsewhere) to discuss various issues involving service and emotional support animals for apartment community residents. Included in that, of course, is that management must make a reasonable...more

Ward and Smith, P.A.

Hot Topics from the Community Association Institute's Law Seminar

Ward and Smith, P.A. on

Each year, the Community Association Institute ("CAI") assembles the top community association attorneys from around the country to participate in its Community Association Law Seminar, an education and networking event that...more

Fox Rothschild LLP

Virginia Offers Guidance For Confirming That Medical Verifications For Emotional Support Animals Are Legitimate

Fox Rothschild LLP on

It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have...more

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