Disability and Animals

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Titlesort descending Summary
In re Kenna Homes Cooperative Corporation


The owners of a cooperative unit kept a dog in their dwelling despite a no pets policy. There was, however, an exception in the policy for service animals, and the Jessups argued that the small dog they kept was necessary due to various medical problems they had, including arthritis and depression. The housing authority denied the request, stating that only animals certified for the particular disability qualify as a "service animal." The West Virginia Court of Appeals held that a housing authority may require that a service animal be properly trained without violating federal law.
Janush v. Charities Housing Development Corp.


Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.
Kennedy House, Inc. v. Philadelphia Commission on Human Relations

In this case, Kennedy House appealed the lower court’s decision in finding that it had violated Section 9–1108 of the Philadelphia Fair Practice Ordinance when it denied Jan Rubin’s request for a housing accommodation in the form of a waiver of its no-dog policy. Rubin applied for a housing accommodation at Kennedy House because she suffered from multiple physical aliments. In a meeting with Kennedy House, Rubin did state that her dog was not a trained service animal that helped with her physical and mobility issues but rather helped with reminding her to take medication and getting out of bed. The lower court determined that Rubin had satisfied her burden of proving that her dog was necessary in helping with her medical issues. After reviewing the lower court’s decision, the Commonwealth Court held that the lower court had erred in its decisions. Ultimately, the court found that because Ms. Rubin's physician described a disability related to her mobility, and there was no evidence establishing a nexus between her mobility-related needs and the requested assistance animal, Ms. Rubin did not meet her burden necessary for Kennedy House to waive its no-dog policy. As a result, the court reversed the lower court’s decision.
Kromenhoek v. Cowpet Bay West Condominium Association In this case, a condominium owner, who suffered from an anxiety disorder and had been prescribed use of emotional support animal, brought action against condominium association, its board, and certain association members, alleging, inter alia, imposition of a fine for owner's violation of association's “no dogs” policy violated Fair Housing Act (FHA) and Americans with Disabilities Act (ADA). The plaintiff sent information about her emotional support dog and a letter from a licensed psychologist indicating that plaintiff was diagnosed with Anxiety Disorder to defendant Association's office manager. Plaintiff alleged that the President of the Association shared the content of her documents with some of the Association members, and approximately one year later plaintiff received an e-mail stating plaintiff had violated the "no dogs" policy contained in the Associations Rules and Regulations. The defendants moved for summary judgment, On each of the counts, the could held that: 1) owner's initial request to have emotional support dog was not specific; 2) association's alleged delay in processing condominium owner's request to have emotional support dog did not constitute refusal to grant reasonable accommodation; 3) association's notice of fine did not subject owner to adverse action; 4) there was no causal link between association's implementation of “no dogs” policy and owner's request to have emotional support dog; 5) there was no causal link between alleged disclosure of owner's confidential information and owner's request to have emotional support dog; 6) neighbor's blog posts regarding owner did not rise to level of interference with owner's FHA rights; and 7) condominium building was not public accommodation under ADA. With regard to the ADA claim, the court noted that a condominium can be a place of public accommodation if it operates as a place of lodging. Here, the bylaws specifically provided that Cowpet Bay West was a place of residence and not one of public accommodation. In addition, a single advertisement for a temporary rental on a webpage by one tenant was insufficient to show that owners were likely to rent to the public. On the issue of the blog posts constituting harassment under Section 3617, the court found that they did not rise to the level of interference with plaintiff's rights under the FHA. Instead, they reflected more of a "dispute between neighbors, not unlawful discrimination." The court found that the Board, the Association, and Talkington are entitled to judgment as a matter of law on Counts One, Three, Five, and Six. The Court declined to exercise its supplemental jurisdiction over local counts, Seven through Eighteen, as against the Board, the Association, Talkington, Verdiramo, and Cockayne, as no federal counts remain as against any of said defendants; an appropriate Judgment was to follow this memorandum.
KS - Assistance Animal - Consolidated Assistance Animal Laws The following statutes comprise the state's relevant assistance animal and service animal laws.
KY - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and service animal laws.
KY - Dog Laws (also includes cats & ferrets) - Kentucky Consolidated Dog Laws (License, Impound, Bite, etc.) These Kentucky statutes comprise the state's Dog Laws, which were amended significantly in 2005. Included are all vaccination, licensing, animal control provisions, and the relevant dog bite statutes. Under Section 258.235, any person may kill or seize any dog which he sees in the act of pursuing or wounding any livestock, or wounding or killing poultry, or attacking human beings, whether or not such dog bears the license tag required by the provisions of this chapter. There shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog. That same section also comprises the state's new strict liability law for dog bites. Under Sec. 235(4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
LA - Assistance Animal - Assistance Animal/Guide Dog Laws The following comprise Louisiana's assistance animal/guide dog laws.
LA - Facility dog - § 284. Facility dogs; use in court; procedure This 2018 Louisiana law allows a witness who is under 18 or who has a developmental disability (as defined) to have a facility dog, if available, accompany him or her while testifying in court. Additionally, the court may allow any witness who does not meet those criteria to have a facility dog, if available, while testifying in court. Under this section, a "facility dog" means a dog that is certified and a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement.
Labor Commission v. FCS Community Management This case concerns the Utah Anti-discrimination and Labor Division's (UALD) determination that a homeowner's association's three-month delay in responding to a member's request for reasonable accommodation to keep chickens on their property as assistance animals for a child with anxiety and PTSD violated the Utah Fair Housing Act. The trial court found that this three month delay was a constructive denial of the request, because under the Utah Fair Housing Act a housing provider must participate in an interactive process to evaluate and discuss the request for accommodation, and no such interactive dialogue or interactive process took place. On appeal, the court found that the three month delay in responding to the request was not unreasonably long, especially considering that the HOA had to review the status of chickens as support animals, chicken waste runoff, and possibility of rodent complaints during this time. The court of appeals also found that the members were not harmed by the HOA's alleged delay, since they were still allowed to keep the chickens at this time. The court of appeals then reversed the trial court's holding granting the members damages, fees, and other relief.

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