assistance animals
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ADA and FHA Policies – One size does not fit all.
“Defendants cannot guarantee that an individual employee will not act inappropriately in a particular instance. However, under the ADA, Defendants can and must ensure that they adopt the proper policies and procedures to train their employees on dealing with disabled individuals and make reasonable efforts to ensure that those policies and procedures are properly carried Continue reading
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“Disability” and “Handicap” are not the same, and it matters
Many lawyers and governmental entities believe that anyone who is “disabled” for purposes of the Americans with Disabilities Act (ADA) must also be handicapped for purposes of the Fair Housing Act (FHA). This used to be true, but may not be anymore. The difference between a disability and a handicap has important practical implications for multi-family Continue reading
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Assistance Animals and the FHA – Lessons from a new lawsuit by the DOJ
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 Continue reading
