Published: Oct 4, 2020

Updated: Dec 8, 2023

Can a Landlord ask for Proof of a Dog’s ADA Service Animal Status?

[1] NOTE: This article frequently refers to a service animal as a “dog” but the ADA does not restrict service animals to canines. Notably, the ADA has recently recognized miniature horses as capable of meeting the service animal definition.

[2] 42 U.S.C. §12101, et seq. [3] 42 U.S.C. § 3601, et seq. [4] 28 C.F.R. §§ 35.104 and 36.104. [5] See, 28 C.F.R. 36.302(c)(6) (2020). [6] U.S. Department of Justice, Civil Rights Division, Disability Rights Section. ADA Service Dog Laws (2020). [7]Id[8] HUD is the Federal agency responsible for national policy and programs addressing America's housing needs, improving and developing the Nation's communities, and enforcing fair housing laws, including violations of the Fair Housing Act. HUD.GOV, Questions and Answers about HUD, https://www.hud.gov/about/qaintro (last visited Aug 27, 2020). [9] U.S. Department of Housing and Urban Development (HUD), FEHO Notice: FHEO-2013-01, (Apr. 25, 2013), https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF (last visited Aug. 27, 2020).[10] Id[11] 42 U.S.C. § 3601, et seq. [12] In limited circumstances, the FHA exempts: owner occupied buildings with no more than four units; single-family houses sold or rented by an owner without using an agent; and housing operated by religious organizations and private clubs limiting occupancy to members; HUD.GOV, Housing Discrimination under the Fair Housing Acthttps://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview#_What_Types_of (last visited Aug. 27, 2020) [13] ADA National Network, Service Animals and Emotional Support Animals Where are they allowed and under what conditions https://adata.org/publication/service-animals-booklet (last visited Aug. 27, 2020). [14] Id[15] See, Fla. Stat. § 413.08 (2020).


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