Even if your lease contains a "no pets" clause, you may have the right to keep a pet in your apartment if you have a disability and one of the following three conditions applies:
- You can prove that your pet is necessary for health reasons.
- The landlord verbally agreed that you could have a pet, despite your lease.
- The landlord tries to add a "no pets" clause to a rental agreement or enforce an existing "no pets" clause after knowing about but not objecting to your pet for a significant period of time.
Pets of people with disabilities are legally considered "assistive animals." Even a resident who is not physically disabled may have a special emotional need for a pet. The health benefits of animals are well accepted by the medical profession. A simple statement from your doctor is sufficient to prove to a landlord that you require an assistive animal.
The Fair Housing Amendments Act of 1988 applies to virtually all forms of housing, whether they are for sale or rent. The federal department of Housing and Urban Development (HUD) investigates housing discrimination complaints under the Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990.
If your housing manager refuses to acknowledge your right to have an assistive dog, call the HUD Distribution Center at 800-767-7468 for a referral to the HUD office nearest you. When you call, also request the free publications "Residents, Rights, and Responsibilities" and "The Fair Housing Act."
If you and your landlord are unable to agree on whether you have the legal right to an assistive animal, you may be able to take advantage of free community services that mediate landlord-tenant disputes. Call your local rent control board (if your city has rent control), tenants' union, landlords' association, bar association, or community mediation organization. Your local humane society may also be able to help you.
For more information, contact:
Doris Day Animal League
227 Massachusetts Ave., NE, Suite 100
Washington, DC 20002
202-546-1761
http://www.ddal.org/pubs/bestfriends/
Delta Society National Service Dog Center
580 Naches Ave., SW, Suite 101
Renton, WA 98055-2297
425-226-7357
Read more about Service Animals in Housing at www.deltasociety.org/dsz102.htm
National Accessible Apartment Clearinghouse
201 N. Union Street., #200
Alexandria, VA 22314
1-800-421-1221
E-mail: clearinghouse@naahq.org
www.forrent.com/naac/naac2.html
The National Accessible Apartment Clearinghouse connects individuals with disabilities with apartments that have been designed for or adapted to meet their needs.
Adapted from "Best Friends for Life: Your Right to Animals in No Pet Housing," a brochure published by the Doris Day Animal League.
