One question that has been popping up recently is how pet limits apply to assistance animals.  As I have written about before, pet limits in the form of breed and/or weight restrictions do not apply to assistance animals (i.e., you cannot deny a resident’s assistance animal because he is a German Shepherd or otherwise

Frequent readers of this blog know that the Fair Housing Act exists in large part to prohibit discrimination against individuals based on their physical appearance (race, gender, national origin, etc.).  However, did you know that you cannot discriminate against assistance animals based on appearance either?  A recent charge by the Department of Housing and Urban

Part I:  Assistance Animals Under The ADA

As I wrote about recently, while the Fair Housing Act (FHA) applies to virtually all areas of a multifamily apartment community, the Americans with Disabilities Act (ADA) only applies to areas of the community open to the public—including, most notably, the leasing office.  Accordingly, all aspects of the

A recent U.S. Department of Housing and Urban Development (HUD) case caught my eye earlier this week, and made me realize that there was still some confusion over the distinction between “service animals” and “emotional support animals.”  To simplify matters, I generally advise my multifamily management and owner clients that, for purposes of the Fair

Landlords and property managers often wonder whether they can deny a resident’s fair housing accommodation request for an assistance animal because the animal is on a “restricted breeds” list.  The short answer is “no.”  Or, perhaps more accurately, “probably not.”

The federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq., requires that properties make