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Final thread for today concerns Emotional Support Animals (moving forward to be abbreviated ESA). I'm a bit nervous to see what they have to say about ESAs. It's been a grey area for so long. #FairHousingMonth disclaimer again- I am NOT an attorney.
55% of Fair Housing complaints are related to disability. The biggest Fair Housing complaints in regards to disability are about ESAs and Service Animals. The second is in access to parking. #FairHousingMonth
HUD's definition of a Service Animal: A dog that is "Individually trained" to do "work" or perform a task for a person with any kind of disability.
The only exception to that is a miniature horse.
The only exception to that is a miniature horse.
A LL can only ask 2 questions:
1. Is this service animal for a person with a disability?
2. What work or task does the dog perform?
beyond that is a NO NO NO. They are not permitted to ask anything about the disability. If the disability is visible, they are NOT allowed to ask.
1. Is this service animal for a person with a disability?
2. What work or task does the dog perform?
beyond that is a NO NO NO. They are not permitted to ask anything about the disability. If the disability is visible, they are NOT allowed to ask.
If a LL wants to seek documentation for a nonvisible disabilities or they are unclear of the need for a Service Animal:
*The LL can request a document from a health care professional.
*They are not allowed to request details about the tenant's/applicant's health.
*The LL can request a document from a health care professional.
*They are not allowed to request details about the tenant's/applicant's health.
Who is considered a professional who can confirm disability?
- physician, optometrist, psychiatrist, psychologist, physician's assistant, nurse, nurse practitioner
- physician, optometrist, psychiatrist, psychologist, physician's assistant, nurse, nurse practitioner
