You are Elderly or Disabled and Living in Privately-Owned Housing with Your Dog

You are Elderly or Disabled and Living in

Privately-Owned Housing with Your Dog

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001

“I have a service dog.”

If you have a disability, you have the right to keep pets. Legally they will be considered “assistive animals.” The Fair Housing Amendments Act forbids landlords and homeowners’ associations to make rules that are discriminatory to people with disabilities. Federal, state and local laws prohibit discrimination if you have a service animal. 

Emotional support animals do not have to be specially trained and you should be permitted to have any animals that are legal according to your state and local laws.

“I own my own condo or townhouse and there is a homeowners association. There is a “no pets” clause in my rental agreement.”

You have the right to “reasonable accommodation” for your disability, which includes the right to an exception to the “no pets” rule for the assistive animals you require.

Types of Housing Covered and Exempted

What are the exceptions?

You have the right to have assistive animals under the Fair Housing Amendment Act, unless your apartment or condominium falls under one of the two exceptions:

1. Buildings with four or fewer units where the landlord lives in one of the units.

2. Apartments that are privately owned and the owner has no more than three single family houses at one time, does not use the services of a real estate broker or agent, and does not produce any discriminatory publications, notices or mailings.

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001