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Support Animals As an Accommodation for Persons with Disabilities

By Darryl M. Vernon
May 01, 2017

With increasing frequency, requests for emotional-support and service animals in housing lead to disputes under the Federal, State and City Discrimination Laws that protect the disabled. The requests are often mishandled by either the housing provider, the disabled person or both. Knowledge of the evolving laws and recent developments can help avoid common pitfalls as well as misunderstandings between the affected parties, and result in a fair resolution of the dispute.

Statutory Law

In prohibiting discrimination based on a disability, the federal Fair Housing Act requires reasonable accommodations in the rules, policies, practices, or services when accommodation may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling. Of course there are limits to the accommodation inasmuch as “nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.” § 3604(9).

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