Service Animal or Companion Pet?

I often get questions from prospective tenants and landlords about pet restrictions.  One thing that has been clear for a number of years is that service animals (think 'seeing eye dog'), under the Americans with Disabilities Act ("ADA"), are not pets. 

This is not just a real estate issue, it impacts lots of businesses... restaurants, stores and hotels that normally don't allow pets, have had to permit service animals under the ADA for many years.  Landlords are no exception. 

Then a few years ago there was a new term: "Companion Animal" which got grouped together with service animals.  Basically, this is an animal that is not specially trained to perform a task but who benefits their owner by providing companionship.  These animals were "prescribed" for conditions like anxiety and depression; we often saw them prescribed for the elderly, or children who have suffered emotional trauma.  But, I will be honest, this was abused.  I've seen it.  People would get their doctors to write notes that said the animal was required so that they could by-pass the rules.  Then, landlords, hotels and property managers were forced to accept "companion animals" just like service animals. Not so any more, according to a new ruling by the Department of Justice.  Take a look at the fact sheet by clicking HERE.

Under this ruling, service animals must be trained to perform a function.  This may be the more common "seeing eye dog", but there other services animals can provide, like recognizing the onset of a seizure, helping to operate a wheelchair or assisting someone with other daily living activities.

Professional landlords and real estate agents who are unfamiliar with how the ADA impacts them and their business should read up.  To my fellow real estate agents, let me say this, I often see you breaking the law.  You are required to follow Fair Housing Laws.... and when you represent an owner, they are required to, too.  You, nor your client, can refuse to rent a home to a person with a disability because they have a bonafide service animal.  Let me say it again:  A service animal is not a pet.  You can prohibit pets.  You can not prohibit service animals.  Not sure if I am right? Below are a couple of web sites for you to check out, and I urge you to attend a Fair Housing training and seek legal counsel to educate yourself further.

Read the Fair Housing Laws on HUD's web site

See What Virginia's Dept of Occupational Regulation says about "Reasonable Accomodations" - specifically service animals

Dr King and Fair Housing

Today is a holiday designated to remember Rev. Dr. Martin Luther King Jr and his many contributions to our society....not the least of which are laws (Civil Rights Act of 1964 and Fair Housing Law) ensuring that persons of all races have equal access to housing.

It's hard to tell when the Federal Fair Housing Act would have eventually been passed, or in what form, if it weren't for the life and works of Dr. King.  The Act had been bouncing around Congress for a couple of years, unable to get necessary support. 

Then on April 4, 1968 Rev. Dr. Martin Luther King Jr was assassinated.  "President Lyndon Johnson utilized this national tragedy to urge for the speedy Congressional approval [of the Act]".  President Johnson wanted the law enacted prior to Dr. King's funeral, as a tribute to his life.  The Act was finally passed and signed into law on April 11th, 1968, two days after the burial of Dr. King.

The Fair Housing Act (Title VIII of the Civil Rights Act, 1968) expanded the protections provided in the Civil Rights Act of 1964, prohibiting discrimination in the sale, rental and financing of housing based on race, color, religion, sex or national origin.  In 1988 the Act was further ammended, adding handicapped and familial status as protected classes. (Most states and many localities also have fair housing laws which identify additional protected classes of persons.)

 

Have you ever thought about how different our lives are because of these laws?  Would you, your family or friends have been permitted to live where you are today had the Fair Housing Law not been enacted?  Sadly discrimination in housing was everywhere, and it wasn't that long ago.
 

Our world is a truly different and better place, because of the work of Dr. King.  Take a moment today and pay tribute to his memory and how he has changed the landscape of our lives.