News & Analysis as of

Fair Housing Act (FHA) Reasonable Accommodation

Adams and Reese LLP

How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals?

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A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more

Lippes Mathias LLP

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

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While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment...more

Rivkin Radler LLP

NYS DOH Clarifies ACF Admission and Retention Standards

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On April 25, the New York State Department of Health (DOH) issued a Dear Adult Care Facility Administrator Letter (DACF #23-15) after it came to the DOH’s attention that some ACF operators have interpreted recent regulatory...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

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In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Farrell Fritz, P.C.

Zoning – Reasonable Accommodations Under the Fair Housing Act.

Farrell Fritz, P.C. on

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or...more

Lasher Holzapfel Sperry & Ebberson PLLC

When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals

What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service...more

Holland & Hart LLP

Service Animals 101: Keep Your Business Out of the Legal Doghouse

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QUESTION: What are “Service Animals”, and to what extent: Must they be allowed on business premises? Can they be refused or removed from premises? ...more

Amundsen Davis LLC

Homeowner Associations and Service Animals in Common Areas Part 2: FHA Considerations

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Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and...more

Woods Rogers

Don’t Be Dazed and Confused: Legalization of Marijuana and Possible Impact on Virginia Community Associations

Woods Rogers on

Massive legislation legalizing marijuana in Virginia became law July 1, 2021. The legislation ranges from legalization of marijuana to expungement of criminal records involving marijuana offenses to funding a public awareness...more

Seyfarth Shaw LLP

California Governor Takes Action to Combat Emotional Support Animal Fraud

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Seyfarth Synopsis: California enacts new law, effective January 1, 2022, to crack down on fraudulent emotional support dogs....more

Jaburg Wilk

The Neighbor with Four Barking Dogs

Jaburg Wilk on

The reason that many people want to live in a community that is governed by “Codes, Covenants and Restrictions” (“CC&R’s) is to have the peace-of-mind that comes with knowing that everybody in the community is “playing by the...more

Woods Rogers

Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

Woods Rogers on

The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures.  The country looked forward to a new year with new hope.  A new year usually...more

Whitman Legal Solutions, LLC

Landlords Must Allow Emotional Support Animals

Recently, the Department of Housing and Urban Development (HUD) filed a charge of discrimination claiming (Charge) claiming Missouri landlord Dahms Investments, L.L.C. (Dahms) violated the FHA by requiring a prospective...more

Fox Rothschild LLP

HUD Settles Sexual Harassment Fair Housing Act Charge From California For $13,000

Fox Rothschild LLP on

Pursuant to the terms of a conciliation agreement, the U.S. Department of Housing & Urban Development (HUD) announced earlier this month that it facilitated settlement of a sexual harassment Fair Housing Act (FHA) case from...more

Fox Rothschild LLP

Early Lease Terminations And COVID-19: Here Are Some Guidelines

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As written here (and elsewhere), the COVID era has raised housing law issues nobody had thought of until March 2020. While there are recently approved vaccines, until those vaccines are widely distributed to the American...more

Fox Rothschild LLP

HUD Settles Disability Fair Housing Act Case For $34,900

Fox Rothschild LLP on

Pursuant to the terms of a formal Consent Order, earlier this month, a property owner/manager in Georgia agreed to settle a Fair Housing Act (FHA) disability discrimination case for $34,900 as well as various additional...more

Fox Rothschild LLP

HUD Charges Georgia Property Owner With Disability Discrimination For Failure To Approve A Reasonable Accommodation Request...

Fox Rothschild LLP on

Here is a fact pattern professional apartment management should work to avoid. An applicant signs a lease for an apartment home. Rent is due on the first of the month. As is typical in many residential leases, late fees are...more

Fox Rothschild LLP

HUD Charges Wisconsin Property Owner/Manager With Disability Discrimination Related To An Assistance Animal

Fox Rothschild LLP on

Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to...more

Fox Rothschild LLP

Catching Up On Reader Questions

Fox Rothschild LLP on

A handful of helpful reminders today in response to questions sent in by blog readers: 1. If you are going to draft community rules and policies (indeed, a best practice in my view) please remember not to single out...more

Arnall Golden Gregory LLP

HUD Updates and Clarifies Assistance Animal Guidance

The United States Department of Housing and Urban Development (HUD), on Jan. 28, issued new guidance on requests for reasonable accommodation under the Fair Housing Act (FHA) relative to “assistance animals” in various...more

Fox Rothschild LLP

Further Thoughts On The HUD Assistance Animal Guidance

Fox Rothschild LLP on

Your humble Fair Housing Defense blog editor appreciated hearing from a number of you concerning the new HUD guidance addressing reasonable accommodation requests for animals under the Fair Housing Act (FHA). In response to...more

Fox Rothschild LLP

HUD Issues New Assistance Animal Guidance

Fox Rothschild LLP on

In another helpful development for the professional apartment management industry, last week the U.S. Department of Housing & Urban Development (HUD) issued a long-awaited guidance document concerning use of an animal as a...more

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