Emotional Support Animal
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HUD was wrong about pet deposits – it’s as simple as that.
I’ve written quite a few times in the last decade about the absurdity of HUD’s position that landlords cannot charge a fee or deposit for an assistance or emotional support animal.¹ HUD’s position has never made sense because asking for the waiver of a fee or deposit is just another kind of accommodation claim that Continue reading
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More lessons from HUD and DOJ about the ADA and FHA
Press releases from HUD and DOJ in the last week or so contain plenty of lessons for the owners of businesses subject to the ADA and FHA. I can’t say whether these new claims by the government will pan out, but the nature of the claims made provides some insight in how to get into Continue reading
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“Polly want a cracker?” Lessons from DOJ press releases.
The Department of Justice issues a press release every time it enters into a settlement agreement of some kind. The foundations of accessibility law are the statutes and the cases applying them, but there are a lot of practical lessons to be learned from the settlements obtained by the DOJ, so it is worth looking 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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HUD gets it wrong again on emotional support animals – two is one too many.
On October 7, 2020 HUD filed a charge of discrimination against Fairfield Properties and Pinewood Estates at Commack Condominium because they denied an accommodation for two emotional support dogs. FHEO No. 02-17-5246-8. The Charge includes the facts, which don’t seem to be disputed. It does not include an explanation of how HUD thinks these facts Continue reading

