● Under the third element (known as the necessity requirement), the link between the animal and the disability is analyzed and requires that the accommodation affirmatively enhances a disabled tenant’s quality of life by ameliorating the effects of the disability. If the requested Exemptions The sale or rental of a single-family dwelling by an owner is exempt from the statute. There are two exceptions to this exemption, however: Reasonable accommodations A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Structural accommodation is a type of accommodation referred to as a modification. Examples include: ● Allowing service/emotional support animals in housing with a no- pet policy. ● Assigning a parking space to a person with limited mobility. ● Allowing a tenant to move to an available, more accessible unit. ● Allowing a tenant to have a live-in aide. Reasonable modifications The FHA defines a reasonable modification as a structural change made to the existing premises, occupied or to be occupied by a person with a disability, to afford such person with full enjoyment of the premises. Reasonable modifications can include structural changes to the interiors and exteriors of dwellings and to common and public use areas, such as: ● Installing visual-alerting fire alarms and doorbells. ● Installing ramps. ● Widening a doorway. Service animals Only dogs and miniature horses are eligible to be service animals. The ADA defines service animals as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include: ● Alerting and protecting a person who is having a seizure. ● Reminding a person with mental illness to take prescribed medications. ● Calming a person with post-traumatic stress disorder (PTSD) during an anxiety attack. ● Performing other duties. In addition to the provisions about service dogs, the ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.) Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors regarding miniature horses are: ● Whether the miniature horse is housebroken. ● Whether the miniature horse is under the owner’s control. ● Guiding people who are blind. ● Alerting people who are deaf. ● Pulling a wheelchair.
accommodation does not constitute an undue financial or administrative burden for the landlord or association, or fundamentally alters the nature of the housing, the landlord or association must provide the accommodation.
● One is that the exception will not apply if the private individual owner owns more than three single-family homes. ● The other exception to this exemption is if a real estate agent or a broker was used to rent the home. ● Accepting rent later in the month based on when a tenant’s monthly check arrives. ● Placing a mailbox in an accessible location. ● Allowing a variance of a rule about fence height to accommodate the needs of children with disabilities. ● Accommodating behaviors directly related to a person’s mental disability. A reasonable accommodation must be provided and paid for by the housing provider unless it would create an undue financial and administrative burden. Housing providers may not require persons with disabilities to pay extra fees or deposits or place any special conditions or requirements as a condition of receiving a reasonable accommodation. ● Installing accessible door handles. ● Installing grab bars and a roll-in shower in a bathroom. ● Installing a lift for the community pool. Under the FHA, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person with full enjoyment of the premises. Modifications are a type of accommodation. ● Whether the facility can accommodate the miniature horse’s type, size, and weight. ● Whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility. Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public (including community associations) generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is allowed to go. A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Housing providers that have no-pet rules are required to make accommodation for residents or potential residents with a disability that requires a service animal. To be clear, service animals are not pets, but working animals.
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