my hearing impaired friend is living in income based apartments and because the apartments recieve funding through the goverment, my friend is allowed a dog that assists with hearing (barking at the door or when the door is open). She is now looking to move from the apartment, but is worried that private pay landlords won't let her dog in. Can a landlord deny her a place based on the fact that she has a dog or are we talking discrimination here?
2006-06-10 19:04:04 · 6 answers · asked by Someonesmommy 5 in Politics & Government ➔ Law & Ethics
My understanding is that, under the Fair Housing laws, service animals are exempt, though the landlord may ask for verification of the animal's status as a service animal and proof of the tenant's need for the animal. She should check with her local/state officials, however and talk to the landlord of any property she is considering moving to.
"The June 23, 1999 rule proposed to implement section 526 of the
Quality Housing and Work Responsibility Act of 1998 (Pub.L. 105-276,
approved October 21, 1998) (referred to as the ``Public Housing Reform
Act''), which added new section 31 (captioned ``Pet Ownership in Public
Housing'') to the United States Housing Act of 1937 (see 42 U.S.C.
1437z-3) (the Act). Section 31 establishes pet ownership requirements
for residents of public housing other than public housing developments
for the elderly or persons with disabilities. The proposed rule can be
found at 64 FR 33640 (June 23, 1999).
The June 23, 1999 rule proposed to amend 24 CFR part 960 by adding
a new subpart G, consisting of the following new sections: Sec. 960.701
(captioned ``Purpose''), stating that the purpose of subpart G is to
permit pets in public housing; Sec. 960.703 (captioned
``Applicability''), limiting the applicability of the subpart G
regulations to public housing other than public housing developments
for the elderly or persons with disabilities (pet ownership in such
housing is covered in 24 CFR part 5, subpart C); Sec. 960.705
(captioned ``Animals that assist, support, or provide service to
persons with disabilities''), exempting service animals for people with
disabilities; and Sec. 960.707 (captioned ``Pet ownership''),
implementing the primary requirements of section 31 of the Act." --From the third link. It basically states that service animals are exempt from those restrictions and a landlord can't exclude based solely on that basis.
2006-06-10 19:23:09 · answer #1 · answered by lostschizophrenic 1 · 0⤊ 1⤋
I too agree that service animals are an exception. If someone denied her entrance to a house because of her owning a hearing dog, it would be discrimination and therefore illegal. She could probably take them to the cleaners in court.
They would only have a case if she has a history of allowing her dog to make a huge mess or otherwise interfere with her ability to be a tenant.
2006-06-11 02:11:06 · answer #2 · answered by Snippet 5 · 0⤊ 0⤋
A landlord is required by federal law to make "reasonable accomadations" for anyone with disabilities, including modifying policies that would otherwise apply to renters. A service animal would seem to fall under that requirement.
2006-06-11 02:30:18 · answer #3 · answered by James 7 · 0⤊ 0⤋
I'm pretty sure service animals are the exception to every rule, but housing rules are sometimes strange. She should try consulting someone about the ADA.
2006-06-11 02:08:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
By law, considered as discriminatory everywhere in Canada.
2006-06-11 02:17:01 · answer #5 · answered by ½«gumwrapper 5 · 0⤊ 0⤋
check with the county rules
2006-06-11 04:12:58 · answer #6 · answered by J Thomas 3 · 0⤊ 0⤋