Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| No Pets Allowed: Housing Issues and Companion Animals | Rebecca J. Huss | 11 Animal L. 69 (2005) |
Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses. |
| Why Context Matters: Defining Service Animals Under Federal Law | Rebecca J. Huss | 37 Pepp. L. Rev. 1163 (2010) |
The Article begins with a brief history of service animals. It continues with an analysis of the proposed changes to the ADA rules and selected case law that illustrates the need for clarification in this area of the law. The Article then evaluates the way service animals are handled under the Air Carrier Access Act (ACAA) because of recent regulatory activity interpreting that law. The Article concludes by arguing that there are rational reasons to have an expansive definition of service animal under the ADA and, in the alternative, if there is a restrictive definition under the ADA, the broader protections under the FHA and ACAA should remain in place. |
| Dogs in Dorms: How the United States v. University of Nebraska at Kearney Illustrates A Coverage Gap Created by the Intersection of Fair Housing and Disability Law | Katherine R. Powers | 47 Creighton L. Rev. 363 | In United States v. University of Nebraska at Kearney, a federal district court was asked to determine whether a university, as a provider of housing for its students, must comply with the standards set out in the Fair Housing Act? Typically, the Fair Housing Act requires that housing providers make reasonable accommodations to no-pets policies for people with disabilities to live with emotional support animals, regardless of the animal's training as a service animal. The federal court, however, held that the Fair Housing Act also requires universities to waive no-pets policies for students with emotional support animals. This article examines the test used to determine the applicability of the Fair Housing Act to dwellings—arguing for a new factor test—and also discusses the current test’s effect on the legal coverage for emotional support animals. |
| Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions | Dawinder S. Sidhu | 38 U. Balt. L. Rev. 267 (Winter, 2009) |
This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting--postsecondary institutions. Part I of this Article provides an introduction to Section 504, Title II, and Title III. It also summarizes the OCR guidance, which adopts the Title III service animal standards for Title II and Section 504 purposes. Part II analyzes the text and purpose of Title II and Section 504, as well as the practical realities associated with the postsecondary setting, and argues that all animals, not just the service animals of Title III, may be permissibly used by individuals with disabilities under Title II and Section 504. |
| SOME TENANTS HAVE TAILS: WHEN HOUSING PROVIDERS MUST PERMIT ANIMALS TO RESIDE IN “NO-PET” PROPERTIES | Tara Waterlander | 18 Animal L. 321 (2012) | Living with a disability can make finding a home a difficult task. Discrimination against the use of a service or assistive animal in lease agreements is a hurdle to finding a home for persons with disabilities. This discrimination is particularly pronounced when the individual suffers from a mental or emotional disability, because these disabilities are “invisible.” Because these disabilities are invisible, landlords are often reluctant to make reasonable accommodations in lease agreements to further the use of service and assistive animals in the treatment of mental illnesses or other disabilities, as required by the Fair Housing Act. This Article considers the requirements the Fair Housing Act imposes on landlords to make reasonable accommodations to their no-pets policies in order to facilitate the use of service and assistive animals. This Article begins with a look at the history of the Fair Housing Act and then analyzes different courts’ approaches to interpreting the Fair Housing Act in relation to maintaining a service or assistive animal. This Article concludes with suggested model legislation that would further the policy considerations behind the Fair Housing Act and make finding a home easier for people with disabilities. |
| Emotional Assistance Animals in Rental Housing: A How-to Guide | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy. |
| Detailed Discussion of Assistance Animal Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws. |
| FAQs on Emotional Support Animals | Rebecca F. Wisch | Animal Legal & Historical Center | On September 17, 2025, the U.S. Department of Housing and Urban Development (HUD) formally withdrew two key guidance documents that housing providers relied upon to evaluate requests for service and assistance animals. These documents were FHEO Notice 2013-01 ("Service Animals and Assistance Animals for People with Disabilities in Housing") and FHEO Notice 2020-01 ("Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act"). According to HUD's memorandum, the withdrawal was part of a deregulatory initiative aimed at reducing compliance burdens and ensuring that guidance does not exceed what federal statutes actually require. The agency stated that the withdrawn guidance "should not be enforced or otherwise relied upon by the Department or stakeholders" and has removed these documents from the HUD.gov website. This Q and A part of this document are for historical purposes only and do not reflect current federal interpretation of federal law. |
| Summary of Emotional Support Animal Cases | Rebecca F. Wisch | Animal Legal & Historical Center | This document provides summaries of cases involving emotional support animals( ESAs). The specific issues decided by the courts range from breeds of dogs used for ESAs, the charging of fees or pet deposits, places an ESA can be taken, and use of an ESA in university housing, among many other topics. Links to the actual case are provided. |
| FAQ on Service Animals and Air Travel | Rebecca F. Wisch | This is a short explanation of the law and regulations related to service animals on U.S. commercial airlines. |