Also, the tenant must be able to meet the general rules of tenancy, such as cleaning up after the animal and walking the animal in designated areas. Courts have held that "otherwise qualified" means that the tenant must be able to meet the requirements of the program in spite of the handicap. 504, the tenant must be "otherwise qualified" to receive the benefit, the tenant must be denied the benefit solely because of the disability, and the program must receive federal financial assistance. Also, the mental impairment must affect the person’s ability to perform major life activities such as caring for one’s self, walking, or working. Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, are qualifying disabilities under both statutes. To qualify under both statutes, the tenant must establish that he or she has a qualifying disability. If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.
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Courts have held that a waiver of a "no pets" provision is a reasonable accommodation for a mentally disabled person who needs an emotional support animal to lessen the effects of the disability. Under the statutes, disabled persons are also entitled to reasonable accommodations so that they can equally use and enjoy the dwelling.
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It is illegal for a landlord to deny housing to a person with a disability because that person, or someone associated with that person, has a mental or physical disability. 504") and the Federal Fair Housing Amendments Act of 1988 ("FHAA"), require that persons with disabilities have an equal right to housing as those without disabilities. However, federal statutes, including Section 504 of the Rehabilitation Act of 1973 ("Sec. Unfortunately, if a person rents housing, landlords are given the right to restrict a tenant’s ability to keep an animal in his or her rental unit. When provided with an emotional support animal, depressed patients show decreased depression and children with severe attention deficit hyperactivity disorder show an increased attention span.ĭespite this, the answer to the above question depends on whether a person is receiving federally subsidized housing or whether he or she has a documented disability to get a private landlord to waive a "no pets" policy. Recently, medical professionals have discovered the profound effects that animals can provide for persons with mental and emotional disabilities.
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Medical professionals have long recognized that animals can assist persons with physical disabilities including blind or deaf persons. My landlord told me to get rid of my dog. "I have an emotional disability and need an emotional support dog. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined. This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability.