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May 2017 Legal Tidbit

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Question: What does a resident need to show in order to obtain a reasonable accommodation or modification under Fair Housing law?

Answer: A resident must have a disability as defined within Fair Housing law, the requested accommodation (change in property policy, practice, or procedure) or modification (change in the physical condition of the property) must be reasonable, and must be related to the resident’s disability so as to allow the resident the use and enjoyment of the property.

May's Legal Tidbit

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What is the difference between a service animal and a companion animal?

Answer: A service animal is one that has special training and performs an active service for its owner; for example, a seeing-eye dog. A companion animal often has no special training and simply provides comfort to its owner. For purposes of our discussion here and fair housing and discrimination laws, there is little difference between the two. Under the Americans with Disabilities Act ("ADA"), a service animal can go virtually anywhere with his owner; a companion animal may not be brought into some places such as restaurants. However, except for the leasing office, a multi-unit residence is private property and is not subject to the ADA.

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