1. Reasonable Accommodations with an Emphasis on Assistance Animals
An overview of reasonable accommodations, documentation requirements, direct threat analysis and common FAQs

2. PRESENTERS Jaime Milligan, Esq. Ali R. Abdullah
Southwestern PA Legal Services’ Fair Housing Law Center
Education & Outreach Program Manager/Senior Staff Attorney
Jaime Milligan, Esq.
Disability Compliance Administrator
Housing Authority of the City of Pittsburgh X2
Ali R. Abdullah
PRESENTERS

3. PROTECTED CLASSES 1968 1974 1988 Race Color Religion National Origin
Sex
1988
Familial Status
Disability
PROTECTED CLASSES
*The Equal Access Rule, state laws and local ordinances provide additional protections

4. A person is considered disabled if:
Physical or mental impairment that substantially limits one or more major life activities
Record of such a disability
Regarded as having such a disability
DISABILITY DEFINED

5. THE FAIR HOUSING ACT VS THE ADA
The Americans with Disabilities Act
THE FAIR HOUSING ACT VS THE ADA
Title VIII of the Civil Rights Act of 1968
Prohibits discrimination in the sale, rental and financing of dwellings based on membership in a protected class
Allows the use of SERVICE ANIMALS + EMOTIONAL SUPPORT ANIMALS
Applies to places of public accommodation and commercial facilities
Title III covers public and common use areas of housing developments
Title II applies to all programs, services and activities provided or made available by public entities
Allows the use of SERVICE ANIMALS

6. WHAT IS A REASONABLE ACCOMMODATION?
A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces

7. COMMONLY REQUESTED REASONABLE ACCOMMODATIONS
Assistance to locate a unit
Extra time to find a unit
Special communication (interpreters, sign language)
Units with accessible features
Extra bedroom for a live-in aide
Assistance animals
COMMONLY REQUESTED REASONABLE ACCOMMODATIONS

8. HOW ARE REASONABLE ACCOMMODATIONS REQUESTED?
Orally or in writing
Not entitled to receive unless requested
Request need not be made in a particular manner or at a particular time
Request can be made by a family member or someone acting n behalf of the person with the disability
Need not use preferred forms or procedures
HOW ARE REASONABLE ACCOMMODATIONS REQUESTED?

9. WHEN CAN A REASONABLE ACCOMMODATION REQUEST BE MADE?
During the application process
During tenancy
At Recertification
During the grievance process
During a “casual” conversation with an HACP employee/agent.
WHEN CAN A REASONABLE ACCOMMODATION REQUEST BE MADE?
At eviction

10. WHO CAN REQUEST A REASONABLE ACCOMMODATION?
Project Based Voucher Programs
Housing Choice Voucher
Low Income Public Housing
Applicants, residents and/or participants of:
WHO CAN REQUEST A REASONABLE ACCOMMODATION?
Applicants or tenants in privately owned properties if the landlord owns the required number of properties under state or federal law

11. CAN A REASONABLE ACCOMMODATION BE DENIED?
A housing provider can deny a request if:
The request was not made by or on behalf of a person with a disability
There is no disability-related need for the accommodation
The request is not REASONABLE (undue financial and administrative burden)
The request would fundamentally alter the nature of the provider’s operations

12. WHAT IS AN ASSISTANCE ANIMAL?
Provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability
Performs tasks for the benefit of a person with a disability
Provides assistance
Works
Not a pet
WHAT IS AN ASSISTANCE ANIMAL?

13. Fair Housing Act differs from ADA which requires the service animal to be “individually trained to do work or perform tasks for the benefit of an individual with a disability
No training requirements
No certification requirements
ARE THERE ANY REQUIREMENTS FOR ASSISTANCE ANIMALS UNDER THE FAIR HOUSING ACT?

14. EXAMPLES OF ASSISTANCE ANIMALS

15. EXAMPLES OF ASSISTANCE ANIMALS

16. WHAT TYPE OF DOCUMENTATION CAN BE REQUIRED?
Obvious or Known Disability + Need for Accommodation is Also Apparent or Known
Disability is Not Obvious
WHAT TYPE OF DOCUMENTATION CAN BE REQUIRED?
No additional information about the requester’s disability or the disability- related need
Housing provider may request reliable disability-related information that:
Is necessary to verify the person meets the Act’s definition of disability
Describes the needed accommodation
Shows the relationship between the person’s disability and the need for the requested accommodation

17. Emotional support animals + Documentation

18. Emotional support animals + Documentation

19. Emotional support animals + Documentation

20. Emotional support animals + Documentation

21. WHO CAN PROVIDE DOCUMENTATION?
Doctor
Medical professional
Peer support group
Non-medical service agency
Reliable third party who is in a position to know about the individual’s disability
WHO CAN PROVIDE DOCUMENTATION?

22. CONDITIONS & COSTS Breed, size and weight limitations Types of animals
Deposits/monthly fees
Spay/neuter and declawing requirements
CONDITIONS & COSTS

23. DIRECT THREAT ANALYSIS
Does the specific animal pose a direct threat to the health and safety of others?
Can that threat be reduced or eliminated by another reasonable accommodation?
Could the specific assistance animal in question cause substantial physical damage to the property of others?
Can that be reduced or eliminated by another reasonable accommodation?
Individualized assessment that relies on OBJECTIVE EVIDENCE about the specific animal’s actual conduct
DIRECT THREAT ANALYSIS

24. ANY QUESTIONS?