On August 9 the Department of Transportation issued its “Final Statement of Enforcement Priorities Regarding Service Animals” based on the Air Carrier Access Act and existing regulations. New regulations are on the way, but probably not any time soon,* so this Final Statement, which replaces an Interim Statement issued in May of 2018, is the most authoritative pronouncement on how DOT interprets its existing regulations. The method is a little roundabout. Instead of just saying “this regulation means such and such” DOT basically says that it will or won’t “use available resources” to enforce the regulations in certain instances. This does let airlines know what they should and shouldn’t do, which is beneficial. Unfortunately, the “Final Statement” does almost nothing to address the fundamental problems with the existing ACAA regulations. More
Unconventional wisdom concerning pet deposits under the Fair Housing Act.
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, FHA Tags: FHA, FHA Litigation, Pets, service animals, support animals, therapy animals
One common bit of conventional wisdom under the FHA is that apartments and other housing providers cannot require a pet deposit for an assistance animal or service animal. This is certainly the position of HUD and the DOJ. (See, HUD memo dated April 25, 2013 and see http://www.ada.gov/qasrvc.htm). The position is based on the notion that because a disabled person is required to have a service animal it is discriminatory to require anything of such a person that would not be required of a person without a disability who had no pet. See Intermountain Fair Hous. Council v. CVE Falls Park, L.L.C., 2011 WL 2945824 (D. Idaho 2011). The question of whether it indeed violates the FHA to require what would be more rationally called an “animal damage deposit” is really more nuanced than this. More
Assistance Animals and the FHA – Lessons from a new lawsuit by the DOJ
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, FHA, Multi-Family Tags: Apartments, assistance animals, Condominiums, FHA Litigation, Pets, service animals, therapy animals
On July 1 the Department of Justice announced the filing of another lawsuit challenging what it calls discrimination based on the refusal to allow a therapy animal without a pet deposit. U.S. v Barber, 3:13-05539 (W.D. Wash). Coming on the heels of HUD’s April 25 “Notice Concerning Service Animals and Assistance Animal” the lawsuit is another reminder that this particular FHA violation is of special interest to the government regulatory agencies. It also suggests that apartment owners and managers need to tread carefully and think clearly about how they approach requests for assistance animals. After all, there is no animal more dangerous than a lawyer with a plausible claim. More