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Title Agency Citation Summary Type
US - Assistance animals, housing - Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs FHEO Notice: FHEO-2013-01 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. Administrative
US - Pets and Housing - Subpart G. Pet Ownership in Public Housing. 24 C.F.R. § 960.701 to .707 The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership. Administrative
US - Service Animals - Part 35. Nondiscrimination on the Basis of Disability in State and Local 28 C.F.R. § 35.101 to .139 The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. The section defines "service animal" as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. Administrative
US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. 24 C.F.R. § 100.201 - 205 These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act. Administrative
US - Pets and housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities. 24 C.F.R. § 5.350 to .380 This set of HUD regulations set forth the mandatory pet rules for housing programs. The procedure for the development of pet rules is outlined as well as pet rule violation procedures. One rule states that an applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. The rules also contemplate protection of the pet by allowing project owners to contact state or local authorities to remove the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner. Administrative
US - Air travel, service animals - Subpart H. Services on Aircraft. 14 C.F.R. § 382.117, § 382.51, and § 382.117 Note: two of these sections were removed and reserved in 2020, effectively removing provisions related to service animals. Prior to it being removed, it previously stated that carriers must permit service animals to accompany passengers with disabilities. A carrier must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area. The Department of Transportation used to allow identification of a service animal by the presence of harnesses, tags, or "the credible verbal assurances of a qualified individual with a disability using the animal." A carrier is was never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders). Administrative
US - Assistance Animal - Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act FHEO-2020-01 This guidance replaces HUD’s prior guidance, FHEO-2013-01,on housing providers’ obligations regarding service animals and assistance animals. In particular, this guidance provides a set of best practices regarding the type and amount of documentation a housing provider may ask an individual with a disability to provide in support of an accommodation request for a support animal, including documentation of a disability (that is, physical or mental impairments that substantially limit at least one major life activity) or a disability-related need for a support animal when the disability or disability-related need for the animal is non-obvious and not known to the housing provider. By providing greater clarity through this guidance, HUD seeks to provide housing providers with a tool they may use to reduce burdens that they may face when they are uncertain about the type and amount of documentation they may need and may be permitted to request when an individual seeks to keep a support animal in housing. Administrative
US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual 2005 WL 1667262 (F.R.)

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

Administrative
US - Service animals - Part 36. Nondiscrimination on the Basis of Disability 28 C.F.R. § 35.101 to 109 This regulation defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. It also defines service animal as any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Administrative
US - Pets and housing - § 5.380 Public housing programs: Procedure for development of pet rules. 24 C.F.R. § 5.380 This rule states that Public Housing Authorities (PHAs) must consult with tenants of projects on rules for pets in projects for the elderly or persons with disabilities. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation. Administrative

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