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.
