You are Elderly or Disabled and You Live in Public Housing with Your Dog

You are Elderly or Disabled and 

You Live in Public Housing with Your Dog

Copyright Doris Day Animal League, “Best Friends for Life: Humane Housing for Animals and People” 

“What is a disability?”

How the Fair Housing Amendment Act regulations define “disability”

Handicap means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record so such an impairment; or being regarded as having such impairment. This term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. 

Sidebar:

“People with disabilities” is now the preferred description of the group of people who were called “handicapped” when the legislation discussed in this booklet (“Best Friends for Life”) was written. This booklet (“Best Friends for Life”) uses the term “handicapped” only when quoting or paraphrasing laws in which this word is used. 

“What is elderly?”

An elderly person is age 62 or older

“I am a person with a disability. When do I have the right to keep pets in a “no pets” building?”

There are three possible ways in which you may be able to keep animals in buildings that would otherwise not allow them. There are federal laws protecting your right to have a companion animal:

If you have a disability and need the animal for assistance or emotional support, 

If you live in federally assisted housing for the elderly or handicapped, or 

If you live in public housing.

“Can I keep pets in federally assisted housing for the elderly or disabled?”

Yes. Owners and managers of federally assisted housing are required to inform all current and prospective elderly or handicapped residents of their rights to keep “common” household pets. Section 227 of the Housing and Urban-Rural Recovery Act permits anyone living in federally assisted housing for the elderly or handicapped to have pets, citing the health benefits of living with animals.  Housing covered under Section 227 can be an entire building, or just a wing or part of a building, as long as it is designated to give preference to the elderly and people with disabilities.

“I have a disability and live in federally assisted housing that does not give preference to the elderly or people with disabilities. Do I have the right to keep assistive animals?”

Yes, your right to assistive animals is protected under Section 504 of the Rehabilitation Act of 1973, which required federal programs to be accessible to people with disabilities, and the Fair Housing Amendments Act of 1988.

In October 1998, this opportunity was extended to all residents of most federal housing (except those persons who use vouchers to secure housing on the private market and residents of private developments receiving section 8 assistance).

(updated information per Delta Society)

For more information if you have a service animal:

See this chapter section “You have a Service or Assistive Animal”

“What if your landlord or management does not recognize your disability and need for an assistive animal?”

If you have an illness or condition that limits one or more of your major activities of daily living, then you have a “disability” under the law. Ask your doctor to enter in your medical records how your condition limits those activities. Talk to your doctor about your desire for assistive animals to help you cope with your condition. What follows is a sample letter for what your doctor can write describing your disability.

Sample Letter from Your Doctor:

(Your Name) is my patient and I have diagnosed (him/her) with (name of illness/disability), which limits (him/her) major life activities of (include all that apply: walking, seeing, hearing, speaking, learning, breathing, performing manual tasks, washing , dressing, preparing food, eating, keeping her/his home clean, doing laundry, socializing, working, etc.). I have prescribed emotional support animals to alleviate (her/his) problems of (isolation, loneliness, depression, stress, anxiety, or whatever is appropriate) resulting from these limitations and to assist (name of patient) in coping with (her/his) (illness/disability).

“What is “reasonable accommodation?”

A reasonable accommodation is one that makes it possible for a person with a disability to have full access to a dwelling and its facilities, such as common areas, or to programs and services, and one that can be provided without undue financial or administrative burden.

“I am disabled and live in federally assisted housing. Can I be required to pay a pet deposit?”

You do not have to pay a deposit if you have an assistive animal, such as a Seeing Eye or hearing ear dog or an emotional support animal. (The regulations say “trained animals” but HUD’s internal guidelines include emotional support animals). If your pet is not an assistive animal, however, then you may have to pay a pet deposit in addition to any regular security deposits that all residents must pay.

The Housing and Urban-Rural Recover Act covers all federally assisted housing for the elderly or disabled, and has specific rules about pet deposits. The rules on pet deposits vary depending upon whether your rent is subsidized. For residents whose rents are subsidized, pet deposits are limited to no more than $300, although HUD can increase that amount in the future. If applicable, you may pay your pet deposit in installments and you cannot be required to pay more than $50 for your initial payments. You also cannot be required to pay installments of more than $10 per month until the deposit is fully paid. 

For residents whose rents are not subsidized but who live in housing owned or assisted by HUD, the pet deposit maximum currently is also $300. The house pet rules may (but need not) provide for gradual accumulation of the deposit by the pet guardian through regular small payments. 

For all other residents of federally assisted housing for the elderly or disabled, the pet deposit may not be more than the amount of one month’s rent assessed at the date the resident moved in. If applicable you can pay this amount in installments.

“What kind of housing is not covered?”

The Housing and Urban-Rural Recovery Act and the Public Housing Reform Act do not apply to Section 8 subsidized rentals, nursing homes, intermediate care facilities, board and care homes, or hospitals. However, if you live in a Section 8 subsidized rental and you have a disability, you are protected by Section 504 of the Rehabilitation Act.

“I live in state or city-owned housing. Am I able to have pets?”

Check with your state laws. More and more states are allowing pets in government owned housing similar to federal laws.