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Landlord/HOA Rights Concerning Service Dogs

The Fair Housing Act is the main law that helps provide guidance for landlords, home owner associations and tenants. However, they are not the only resource. For complete information, please consult:

Service Animals are exempt from no-pet housing.

The law states:

(a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

(b) The application of this section may be illustrated by the following examples:

Example (1): A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of §100.204 for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling.

Source: Title 24: Housing and Urban Development
Subpart D—Prohibition Against Discrimination Because of Handicap
§ 100.204 Reasonable accommodations.

The United States Service Dog Registry does not provide legal advice. Please contact a qualified attorney.