We’ve written many times about the Fair Housing Act and assistance animals, most recently on April 29, 2013. Little did I know then that, just four days previously the U.S. Department of Housing and Urban Development had issued Notice FHEO-2013-01 addressing service animals and assistance animals for people with disabilities in housing and HUD-funded programs, a copy of which can be found here.
We’ve discussed in the past that the Fair Housing Act differs from the Americans With Disabilities Act (“ADA”), in that the ADA, with certain exceptions, typically does not apply to homeowners associations, which the Fair Housing Act often does. We’ve also discussed that the U.S. Department of Justice has published a fact sheet describing changes to the ADA rules relating to service animals. Those rules essentially said that a service animal was a dog that had been individually trained to do work or perform tasks for the benefit of an individual with a disability, and excluded emotional support animals.