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When the building says no pets

Psychiatric service dogs

The policy is not the obstacle people assume. It is the thing the law is specifically about.

Why the policy is beside the point

The statutory language is about reasonable accommodations in rules, policies, practices or services. A no-pets policy is a rule. The accommodation being requested is an exception to it. A landlord who answers a request by restating the policy has not engaged with the request at all, because the policy is the premise of it.

There is also a definitional point worth making once, politely: an assistance animal is not a pet for this purpose. A no-pets policy does not reach it by its own terms.

Putting the request in writing

Verbal requests are valid and nothing in the law requires writing. Put it in writing anyway. The value is not legal, it is evidential: a dated request creates a point from which delay can be measured, and unreasonable delay is itself a form of refusal.

  • Say you are requesting a reasonable accommodation under the Fair Housing Act. Use the phrase.
  • Say you have a disability-related need for an assistance animal. Do not volunteer the diagnosis.
  • Name the animal, and say it is individually trained to perform tasks related to your disability.
  • Attach the documentation if you have it, or offer to provide it.
  • Ask for a written response by a specific, reasonable date.
  • Keep a copy, and send it by a method that records delivery.

What a refusal usually looks like

  • Silence. The most common form, and it is treated as a constructive denial once the delay becomes unreasonable.
  • A demand for a certificate or registration for the animal, which does not exist and cannot be required.
  • A demand for medical records or a diagnosis, which exceeds what a provider may ask.
  • An offer to allow the animal on payment of pet rent or a deposit, which is a refusal with a price attached.
  • A breed or weight rule applied to the animal as a category rather than to its conduct.

If it is refused

  • Ask for the reason in writing. A provider who will not put the reason on paper is usually aware the reason is weak.
  • Check your state and city law. Many reach further than federal enforcement currently does, and some have their own complaint route with shorter deadlines.
  • A HUD complaint is free, has a one-year deadline from the discriminatory act, and does not require a lawyer.
  • The private right of action under the Fair Housing Act has a two-year deadline and is not dependent on HUD taking the case.

Common questions

Does a no-pets policy apply to a service dog?
An assistance animal is not a pet for this purpose, and a reasonable accommodation is by definition an exception to a rule. The policy is what the request asks to be excepted from.
Does a request have to be in writing?
No. A verbal request is valid. Writing is worth doing anyway, because it dates the request and makes delay measurable.
How long can a landlord take to answer?
There is no fixed period, but an unreasonable delay can itself amount to a denial. Asking for a response by a specific date makes that easier to show.

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A clinician licensed in your state reviews it and decides. The fee is refunded if they decline to issue, because a review that cannot say no is not a review.

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