FAIR HOUSING AND THE ADA

The Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) define service animals differently.  The ADA prohibits discrimination against people with disabilities in public areas, such as employment, transportation, public accommodations and access to state and local government programs and services. The FHA protects a person with a disability in housing.

While the ADA has a very specific definition of a service animal, the FHA does not.  Under the ADA, a service animal is defined as an animal, almost always a dog, that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed must be directly related to the person’s disability.  Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

On the other hand, both service animals and emotional support animals are allowed in housing.  These animals do not need to be trained and the person with a disability need only provide a letter from a health care provider stating that the person has a disability and that the animal provides assistance and/or necessary services related to the disability.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.