The co-op cannot deny an assistance animal
request if the threat to health and safety (or potential property damage) can be eliminated by another reasonable accommodation.
Although the revised taxonomy may be adapted for primates, equines, felines, avians, bovines, and other species of animals used for assistance or companionship, much of the following discussion and examples will focus on dogs because they are the most commonly recognized assistance animal
In the last few years, policymakers have considered proposals that typically allow for civil or criminal penalties and fines for misrepresenting an animal as an assistance animal
for the purposes of obtaining relief under the law.
HUD's adminsitrative decisions have supported its position of allowing an expansive definition of assistance animal
The assistance animal
poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or
Individuals who have a disability and believe they were improperly denied the opportunity to live with their assistance animal
or received a substantially delayed decision in response to a request to live with their assistance animal
at one of the four apartment complexes listed above should contact the Justice Department at 1-800-896-7743, option 994, or email the department at fairhousing@usdoj.
In LaFore, the plaintiff alleged claims for housing and disability discrimination and that her disabilities required her to have an opossum as an assistance animal
in addition to a dog as a service animal.
And, unlike Fido, assistance animals
and their handlers have access to nearly every place the general public is welcome--guaranteed by ADA.
The case came to HUD's attention when the woman filed a complaint alleging that the owners of Pinnacle Highland Apartments in Cottonwood Heights, Utah, discriminated against her family by refusing to allow her son, who has a mental disability, to keep an assistance animal
However, they did stipulate that owners or Public Housing Authorities may require documentation regarding the necessity and qualifications of assistance animals
The State of Maine is seeking proposals for creation of an informational multimedia materials to be used for public education related to Maines laws on service and assistance animals
in housing and public accommodations.
It is worth noting that there is no specific definition of a service animal under Title I, however, so employers need to seriously consider employee requests to bring in other assistance animals
in order to remain compliant with the letter and spirit of the regulations.