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Managing The Property : Legal


When Must You Allow Pets

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An owner/manager can have a "no pets" policy except when there is a need for a disabled person to have a service pet for certain purposes.

Fair Housing Law

"It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas".

"Reasonable accommodation" is not defined. That leaves the whole area open to interpretation and why you have to be sure you understand the rules in your state or city. Grey areas leave you open to law suits.

Fair Housing law defines a disabled person as:

A "disability" is defined as a physical or mental impairment that substantially limits one or more major life activities. Major life activities might include such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

What is a "service animal"?

"Even though service animals are not specifically mentioned in the Fair Housing Act and its regulations, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility". This quote is according to the Disability Law Resource Project (DLRP).

Each state will have a definition of what is a service animal/guide dog or signal animal. It is a good idea to speak with your advisor or apartment association before rejecting an applicant that claims a need for this animal based on need due to a disability.

What To Do
  • You may ask that the animal wear a tag indicating it is a service animal
  • You should ask the tenant to put the request for a service animal in writing
  • Be sure to clear with your advisor what "reasonable accommodations" is in your area
  • You should document all requests and phone calls
What Not To Do
  • You cannot reject an applicant because they have a service animal
  • You cannot reject trainers that keep a service animal
  • Do not ask about the nature of the disability
  • Never refuse to make a reasonable accommodation for a tenant with a disability.




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