JUSTICE DEPARTMENT ISSUES NEW GUIDELINES ON SERVICE ANIMALS

There has been significant press coverage of guidelines issued by the US Department of Justice (DOJ) that limit the types of animals that can be considered to be "service animals" in connection with the Americans with Disabilities Act (ADA).  DOJ is the primary enforcement agency for the ADA, particularly Titles II and III of that law.

Do these guidelines have any impact on the housing management industry?

In a word: No.

The DOJ guidelines have no effect whatsoever on housing, or Section 504, or the Fair Housing Act.  Section 504 and the Fair Housing Act Amendments are principally enforced by HUD, not the Justice Department.

And even for Section 42 Low Income Housing Tax Credit (LIHTC) buildings with no federal funding, which are not subject to Section 504, must still comply with the Fair Housing Act if they have five or more dwelling units.

HUD has consistently said that when a conflict exists between civil rights regulations, the "more stringently protective" rule applies.  On the issue of service animals, HUD's rules are more protective.

The DOJ itself says as follows: "[H]ousing facilities may not rely on the ADA definition of service animal as a justification for reducing their obligations under the Fair Housing Act Amendments."

Comments

[Richard Schmidt]

Thank you for the clarification- we have found Property Managers who believe they should communicate limiatations like this to disabled residents with service animals. This is a good training tool.