*Please be advised that the following notice is a policy statement by the HUD for internal agency decisions. It does not have the same weight of authority that a formal regulation would have should an issue go to court. One court stated that the letter is entitled to respect to the extent it has the power to persuade.
Full Title Name: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs (FHEO Notice)
Summary: This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal” under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504.Documents: FHEO_notice_assistance_animals2013.pdf (6.25 MB)