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Title Agency Citation Summary Type
US - Assistance Animals - 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 - Service Animals - Part 35. Nondiscrimination on the Basis of Disability in State and Local Government Services. 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 - § 100.204 Reasonable accommodations. 24 C. F. R. § 100.204

This section states that it is unlawful any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. Examples of such situations are also given.

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
US - Assistance Animals - Nondiscrimination on the Basis of Disability 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 - Assistance 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 - 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 - Pets and Housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities 24 C.F.R. § 5.300 to .327 This subpart implements section 227 of the Housing and Urban Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) as it pertains to projects for the elderly or persons with disabilities under: (1) the housing programs administered by the Assistant Secretary for Housing - Federal Housing Commissioner; (2) projects assisted under the programs contained in chapter VIII of this title 24; and (3) the public housing program. The rule specifically states that it does not apply to assistance or service animals. The rule states that, except as otherwise provided, no project owner that manages a project for the elderly or disabled may restrict or discriminate against any person by reason of the person's ownership or presence of a common household pet in the person's dwelling unit. A "common household pet," is defined as "[a] domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes" (excluding reptiles with exception of turtles). Notice of the allowance must be provided to tenants and tenants must be given the ability to access to pet rules. The project owner must establish reasonable rules to govern the keeping of pets.

Administrative
US - Service Animals - Subpart H. Services on Aircraft. § 382.117. Must carriers permit passengers with a disability to travel w 14 C.F.R. § 382.117

This federal regulation states that carriers must permit service animals to accompany passengers with disabilities. The Department of Transportation allows 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." Foreign carriers, however, are not required to carry service animals other than dogs.

Administrative
US - Assistance Animals - 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

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