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Once again, ADA and "Service Animals: applies only to government funded housing or the common areas of residential properties that exceed a certain threshold. The vast majority of residential rental units/properties have squat to do with the ADA or Service Animals.
The FH&A Act covers the vast majority of all rental housing and covers the Reasonable Accommodation of Assistance Animals.
Using the term Service Animal to describe issues with Assistance Animals under FHA, or using requirements concerning interaction with Service Animals in public accommodation as some requirements upon landlords in residential housing probably shows how stupid and ignorant the landlord really is, not the regulations.
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Landlords who maintain a “no pet” policy may not refuse to rent or prohibit a disabled person from having a service animal within the rental property. Federal housing law does not require the animal that provides the assistance to be a dog.
Incorrect.
The ADA only applies to government funded housing or to the common access areas of rental properties that have exceeded certain sizes. Otherwise the vast majority of rental units are not bound by the ADA. (Note, HUD removed the use of "Service Animals" in their accommodation description due to the inability of people to understand it was for reference purposes only not as a specific requirement. Now they actual spell out all the various Assistance Animal qualifications Of course many are still using and referencing the older version which contributes to the confusion.)
Under the Fair Housing and Amendments Acts, not every rental is covered. There are exemptions based on property size, ownership and occupancy. It is in one's best interest if planning to be a landlord to learn exactly what the actual regulations say instead of parroting some affinity cause motivated site.
So, as El Chingaso states, (others have previously explained this as well), if they fall within the excluded category, they are exempt under federal law from the FH&A Acts. States and local municipalities can promulgate their own ordinances imposing requirements to adhere to the federal law with lesser or no exemptions, but El Chingaso already stated there were no such ordinances on the properties so they are most likely fully exempt.
I had 2 horses on 1/4 acre they picked where they went. Every Spring I had folks Begging for the manure for their gardens. I am sure mini horse are trained to go in a certain area. The very 1st mini horse for the blind lived in NY City NY & same show London England. Where do you think they went? I think LL could use their brains on this & ASK the Blind person with the mini horse How they can accommodate them. NOT jump to its a horse or its a dog. Talk to the person see IF it would be a fit or not.
In my town a mini-horse in most of the rental properties would violate zoning ordinances, as they would be classified as a farm animal. Is it the landlords responsibility to apply for and obtain a waiver?
From one of your links .... "However, while a dog can adapt to many different home situations, a horse must live outdoors, requiring a shelter and room to move about when not on duty".
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Landlords who maintain a “no pet” policy may not refuse to rent or prohibit a disabled person from having a service animal within the rental property. Federal housing law does not require the animal that provides the assistance to be a dog.
It can be confusing, because service animal access to public spaces is governed by the Americans with Disabilities Act (ADA), while the right to keep an assistance animal in a home is governed by Federal Fair Housing Laws."
In my town a mini-horse in most of the rental properties would violate zoning ordinances, as they would be classified as a farm animal. Is it the landlords responsibility to apply for and obtain a waiver?
From one of your links .... "However, while a dog can adapt to many different home situations, a horse must live outdoors, requiring a shelter and room to move about when not on duty".
As the topic is dealing with rental and miniature horses under the FHA Acts, local governments (State, County or Municipal) can not enact laws that restricts those animals as they are essential classified like medical equipment (wheelchair, cane, oxygen concentrator) and not personal animals. It's the same legal standing that applies to banned dog breeds; so long as they have met the legal criteria of an Assistance Animal under FHA or a Service Animal under ADA, they can not be banned by local laws.
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Originally Posted by kally
Question. How does this work if another tenant is highly allergic to said animals? Who should I sue, the owner of the animal or the LL?
Under the FHA Acts, the landlord can not automatically exclude an animal that otherwise legally is an Assistance Animal based on the stated health issues of another tenant. However, that tenant can produce medically verified and authenticated evidence to make their own request for a Reasonable Accommodation under the FHA Acts by being relocated to another unit, having the tenant and their Assistance Animal relocated to another unit, installation of irritant mitigation steps or up to being released penalty free from the lease.
It's sort of a Catch 22 for the landlord as they can't say no to the animal if it is qualified as an Assistance Animal under the FHA Acts, but they must also address your medical concerns if you make a Reasonable Accommodation Request under the FHA Acts. The landlord does have guidelines to assist in their decision along with case law and up to and including requesting an interpretive letter from HUD. In the meantime, the landlord is technically protected from legal action during the due diligence period.
As the topic is dealing with rental and miniature horses under the FHA Acts, local governments (State, County or Municipal) can not enact laws that restricts those animals as they are essential classified like medical equipment (wheelchair, cane, oxygen concentrator) and not personal animals. It's the same legal standing that applies to banned dog breeds; so long as they have met the legal criteria of an Assistance Animal under FHA or a Service Animal under ADA, they can not be banned by local laws.
My city enacted ordinances against farm animals long before assistance horses came into existence. If any other individual wants a variance ( the city has had a number of people who wanted to keep chickens) they must go and apply for a waiver. I guess tenant/landlord would not have to do this?
My city enacted ordinances against farm animals long before assistance horses came into existence. If any other individual wants a variance ( the city has had a number of people who wanted to keep chickens) they must go and apply for a waiver. I guess tenant/landlord would not have to do this?
If the animal is a legitimate "Assistance Animal" as defined by the FHA Acts, local animal restrictions would not apply. The federal regulations are superior (supersede) any lower enacted regulation on this subject. So, in that case, if that chicken was a legitimate Assistance Animal and there was no regulatory allowed exception under federal regulations, the landlord could not be held in violation fo any local laws on animals.
Now, an important thing to remember is unlike Service Animals under the ADA, rentals are covered by the FHA Acts (not the ADA) so there is no automatic right to have an Assistance Animal under the FHA Acts. It is granted as a "Reasonable Accommodation" which is not absolute but rather qualified. Tenants have to ask for the Accommodation unless the need is open, obvious and known to the landlord. Otherwise the landlord is allowed to qualify the request through their own due diligence. Unfortunately, most landlords are wimpy ignorant babies on this subject so they get walked all over. In my opinion, landlords deserve the problems they get because they are too chicken to stand up for themselves. They pee their pants at the mere thought of this issue.
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