Pets
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DOT enforcement policy for “service animals” still doesn’t get it.
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 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
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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

