FHA definition of handicap
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When it comes to ESAs, don’t ask a doctor for advice about the law
On July 1, 2026 the American Psychological Association published an article about using animals in therapy. You can find it here. I’m a lawyer, not a doctor, so I don’t have anything to say about most of the article, which deals with how animals can be used by psychologists when interacting with patients. I can… Continue reading
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ADA and FHA Quick Hits – it could be worse edition
Pictures of bombed out buildings and civilian casualty counts are a reminder that aggravating and expensive as ADA and FHA lawsuits can be, taking these disputes to court is a luxury most people in the world do not enjoy. For those of us who can engage in a civilized discussion of legal issues, here are… Continue reading
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Time to learn more about HUD’s new animal accommodation guidance
On April 14 at 2:00 p.m. CST I’ll be presenting a one hour webinar on HUD’s January 2020 guidance on reasonable accommodations for animals. I’ll cover what HUD got right and wrong in this guidance and explain what housing providers need to know about the reasonable accommodation process in light of the guidance. Written materials… Continue reading
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HUD’s new Guidance on assistance animals will encourage emotional support animal fraud.
On January 28, 2020 HUD issued its “Guidance on Reasonable Accommodations under the Fair Housing Act Relating to Assistance Animals.”† Over the course of 19 poorly written and poorly organized pages HUD provides one crumb of help for housing providers faced with bogus requests for emotional support animals. The bulk of the “Guidance” is a… Continue reading
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Auer deference and the Fair Housing Act – does Kisor change anything?
Just last week the Supreme Court took a long hard look at something called “Auer deference” and decided that it would remain the law, but with some strings attached. Kisor v Wilke, No. 18-15 (June 26, 2019). I’ve never once had the occasion to mention Auer deference in this blog or in any brief I’ve filed… Continue reading