Am I exempt from FHA's service dog policy?

5 Replies

A tenant wants to bring in a service dog in my two unit building. I live in one of the units. I read that I may be exempt from being required to allow a service dog request since the building has less than 4 units and I live in one of them.

Is this true?

Thanks.

No.

"The Federal Fair Housing Act and the Americans with Disabilities Act require landlords to provide reasonable accommodations for tenants with disabilities, and companion animals do qualify."

Read the FFHA. There are legal differences between Service, Support and Therapy animals.

Originally posted by @Eddie Memphis :

No.

 Hi Eddie, can you explain more?

It seems like multiple sources on the internet mention this exemption. For example: https://esadoctors.com/fair-housing-act-emotional-support-animals/

@John Lee you get what you pay for with free advice.

The ADA only applies to spaces available to the general public (i.e. stores, restaurants, parks, public streets, office buildings, etc.).

Fair Housing deals with housing and it does not apply in every situation. READ MORE

Originally posted by @Nathan G. :

@John Lee you get what you pay for with free advice.

The ADA only applies to spaces available to the general public (i.e. stores, restaurants, parks, public streets, office buildings, etc.).

Fair Housing deals with housing and it does not apply in every situation. READ MORE

 Thanks. It looks like I fall under the less than 5 units and occupy one of the units category.

John,

I️ too own a duplex and just went through this exact scenario with my tenants. The FHA is not applicable in all instances, although unfortunately many are ignorant to this fact.

I did my own research to find my own answers, but ended up getting a lawyer to ensure all bases were covered. The lawyer also came to the conclusion I️ was exempt.

Now, I will say you should also look into your local statutes as well. I’d also recommend consulting with a lawyer, as these scenarios can get messy. Mine did.

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