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HUD's New Rules on Assistance Animals: What Landlords Need to Know

Article
MHCO

What the Law Says

The FHA makes it illegal for housing providers to refuse a reasonable accommodation — a change to rules, policies, or services — when necessary for a person with a disability to use and enjoy a dwelling. Waiving a no-pets policy for a disabled tenant's assistance animal is a standard example of this.

Manager Didn’t Weigh the Cost of Denying Large Assistance Dog

Property Management
Chuck Carpenter

The manager said that she could keep the dog if it was “within the weight limits in the rental agreement” and she paid a $14 monthly pet fee. The tenant replied that she was not aware of any weight limit for pets in the rental agreement. The manager responded, “15 lbs. [The landlord] is pretty strict about that.

Suspicious Timing of Eviction Notice Leads to Retaliation Claim

Property Management
Chuck Carpenter

The landlord objected, citing the tenant’s failure to serve proper notice of the claim and insisting that the suspicious timing was mere coincidence and that it was evicting the tenant for legitimate and nondiscriminatory reasons—namely, harassing and threatening his neighbors.

Outcome: The Nevada federal court issued the TRO.

Eight Steps to Minimize Risks of Retaliation Liability

Property Management
MHCO

 

While concerning, those numbers aren’t all that surprising. But what is surprising is that retaliation complaints more than doubled from the previous year to the highest recorded level.