Service Animals and Housing Rights Overview
Service animals play a crucial role in providing assistance to individuals with disabilities, ensuring their equal access to housing accommodations. Legislation such as the Fair Housing Act protects the rights of tenants with disabilities to have service animals for necessary support. Landlords are required to make reasonable accommodations unless certain exceptions apply. Understanding these regulations is essential for promoting fair treatment and accessibility for individuals with disabilities.
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Overview and definition of service dogs, Overview and definition of service dogs, therapy dogs and emotional support therapy dogs and emotional support animals and benefits animals and benefits Cathy Guinane Director of Community Training at the Nebraska Humane Society
Service Animals and Housing Rights Ann C. Mangiameli, JD
NEB. REV STATUTE 20-131-01 It is the intent of the Legislature that persons with disabilities shall be entitled to full and equal access to all housing accommodations offered for rent, lease or compensation in this state.
Neb Rev Statute 20-131-.04 Every person with a disability who has a service animal or obtains a service animal shall have full and equal access to all housing accommodations ..Such person shall not be required to pay extra compensation for such animal
FAIR HOUSING ACT Prohibits discrimination in the sale, rental, financing or advertising f housing. Tenants with disabilities are entitled to a reasonable accommodations to allow equal opportunity for housing enjoyment. A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or services such as an exception to a no animal policy. This would include allowing a visitor with a service animal to bring their animal into the home. Other reasonable accommodation examples..
The person must have a disability. FAIR HOUSING ACT REQUIREMENTS The animal must serve a function directly related to the person s disability. The request to have the service animal must be reasonable.
: EXCEPTIONS A landlord does not have to allow an assistive animal if it would pose an undue financial and administrative burden or would alter the nature of the provider s operations (eg. could can t have an emu as a service animal) If the animal s behavior poses a direct threat to the health or safety of others. The risk must be significant and immediately identified no based on opinion or speculation. (i.e.. Denying a pit bull because it s a pit bull)
Questions? ann@mangiamelilaw.com 402-953-5766