service animals
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Dialing for Dollars – Fair Housing advocacy or just a business?
CityVision Services, Inc. has recently filed a number of complaints with HUD under the Fair Housing Act. Those I am familiar with all follow the same pattern. Someone from CityVision calls an apartment complex asking about pet deposit policies and then mentions a therapy animal. The manager or leasing agent makes the mistake of saying… Continue reading
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Fido Frenzy Revisited – reasonableness is the key.
When a Court refers to the case before it as a “sad commentary on the litigious nature of our society” you can be fairly sure that one party or the other is going to do badly. In Sabal Palm Condominiums of Pine Island Ridge Ass’n, Inc. v. Fischer, 2014 WL 988767 (S.D.Fla. 2014) it was the owner… Continue reading
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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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Unconventional wisdom concerning pet deposits under the Fair Housing Act.
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… Continue reading
