303.297.1900

Federal Fair Housing Act and Pets


The federal Fair Housing Amendments Act of 1988 (FHAA) requires associations to accommodate a resident’s need for a service animal if the resident has a disability, the animal serves a function directly related to the disability, the function served is necessary for the resident to use and enjoy the premises, and the balance of the benefit of the accommodation to the person against the burden of the accommodation to the association is reasonable.

THE DEFINITION OF HANDICAP/DISABILITY UNDER THE FHAA:
  • a physical or mental impairment which substantially limits one or more major life activities;
  • a record of such an impairment; or being regarded as having such an impairment;
  • does not include current, illegal use of or addiction to a controlled substance.

MAJOR LIFE ACTIVITIES:

  • as caring for one’s self
  • performing manual tasks
  • walking
  • seeing
  • hearing
  • speaking
  • breathing
  • learning
  • working

DISCRIMINATION = A REFUSAL TO MAKE REASONABLE ACCOMMODATIONS

Reasonable = Not an undue burden on the association; balance burden/benefit

Necessary = Accommodation directly related to disability

Accommodation affirmatively improves person’s ability to use and enjoy the premises

REQUESTS FOR REASONABLE ACCOMMODATIONS Association may not require a request to be submitted in a particular form, BUT by providing a standard form available to all residents, an association may ensure the process to be followed would be clear and consistent.  Contact us to prepare a standard request for reasonable accommodations under the FHAA.