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.
MAJOR LIFE ACTIVITIES:
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.