• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

service animal question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


What is the name of your state (only U.S. law)? NY state not city
I have a no pet policy, but do I have to allow a service animal?

Gail in Georgia

Senior Member
Some landlords are still confused between Service, Therapy and Emotional Support Animals and how they effect a lease that has a "no pets" clause.

The following may help:




Not all landlords are required to accept service animals.

The Fair Housing Act (FHA) does apply to almost all housing types including those for sale or rent. This includes apartments, condominiums, and single family homes. There are some major exceptions, such as buildings with four or fewer units where the landlord lives in one of the units. The law also excludes private owners of single-family housing sold or rented without the use of a broker (who do not own more than three single family home) and housing operated by organizations and private clubs that limit occupancy to members. For more on what the FHAct covers, go to http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights


The website linked in post #3 is accurate and will save me a lot of typing in the future.

Here's a recent press release describing a fair housing settlement involving assistance animals: https://www.hud.gov/press/press_releases_media_advisories/2017/HUDNo_17-060

Here's one from New York (but note that such cases are most often prosecuted federally): https://www.justice.gov/crt/case/united-states-v-trump-village-section-iv-inc-ed-n-y

This issue is the leading source of disability discrimination charges over the last several years.

Sponsored Ad