The “no pets allowed” loophole

Say you’ve moved into a rental home, apartment, hotel, motel and the landlord or General Manager finds out you have a “pet”, when either you knowingly knew, or unknowingly, that the policy was “no pets allowed.” Most places allow only “service animals”, which are classified only for dogs and small horses. Say, the landlord or General Manager wants you to a) get rid of your pet, or b) move out.

Well, unfortunately for the landlord or General Manager and fortunately for you, your “pet” is covered by Federal Law. There is a misperception that only service animals are covered under Federal Law. “An emotional support animal is not a pet. An emotional support animal is a companion animal that provides therapeutic benefit to an individual with a mental or psychiatric disability. The animal is viewed as a “reasonable accommodation” under The Fair Housing Amendments Act of 1988 (FHA or FHA Act) to those housing communities that have a “no pets” rule.”

“Just as a wheelchair provides a person with a physical limitation, the equal opportunity to use and enjoy a dwelling, an emotional support animal provides a person with a mental or psychiatric disability, the same opportunity to live independently. Failure to make reasonable accommodations, can be a violation of the FHA Act.” -animallaw.info.

The United States Dept. of Housing and Urban Development (HUD) states similar ruling under FHEO notice: FHEO-2013-01 on page 2.

Housing units as described under the FHA Act also include “multiple rooms in a large structure such as a hotel or motel.”

If a landlord or General Manager is concerned about any damages done by the emotional support animal, you can always offer to pay for the damages yourself. There are many sites on line that offer to create a registration certificate for an emotional support animal, which gives certainty to your claim. Also, a landlord or General Manager might ask for a letter from your therapist or physician to back up this claim.

There’s really no need to comply with this request, because your medical condition(s), are nobody’s business. Your medical information can be withheld and deemed private, and is allowed to remain private according to HIPAA law; the 1996 Federal Law that “protects sensitive patient health information from being disclosed without the patient’s consent or knowledge.”-cdc.gov.

Conclusion: The Fair Housing Amendments Act of 1998, protects your right to have an emotional support animal, which is not deemed “a pet.” The point which you obtained and brought the animal into your dwelling, either the very beginning or middle of occupancy, doesn’t make any difference. This Federal Law supercedes any and all “no pet” policies throughout the United States. Just as physically handicapped people are protected under this law, so are people with any mental or psychological disabilities. / Done