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ARTICLE · 16 MAY 2016

Why Might A Service Or Emotional Support Animal Request Be Denied? Read On

Fox Rothschild LLP
Fox Rothschild LLP
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I took a call from a lawyer for a resident yesterday. The lawyer was upset because the resident had made a reasonable accommodation request for an emotional support animal that the leasing office team had denied.

United StatesReal Estate and Construction

I took a call from a lawyer for a resident yesterday. The lawyer was upset because the resident had made a reasonable accommodation request for an emotional support animal that the leasing office team had denied.  While the lawyer did not do work in the fair housing area, she had gone on-line and had done general research concerning the Fair Housing Act and specifically the portion of the law which provides for assistance to those who need service or emotional support animals.  The call did not start well.

It was clear early on that she had just missed a critical component for all service and/or companion animals: the animal's owner must have a disability.  Indeed, the whole point behind service and companion animals is to assist those Americans with a recognized disability.  To phrase it simply:  if a resident is not disabled, he or she is not entitled to a service or companion animal.

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