Observable and Non-Observable Disabilities Not all disabilities are observable or readily apparent
Under the Fair Housing Act, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. While some impairments may seem invisible, others may be readily observed. Observable impairments generally tend to be obvious and would not be reasonably attributable to non-medical causes by a lay-person.
HOWEVER
Certain impairments, especially impairments that may form the basis for a request for an emotional support animal may not be observable. In those instances, a housing provider may request information regarding both the existence of a disability and the disability related need for the animal. Housing providers are NOT entitled to know an individual’s diagnosis and providers should NOT ask for this information.
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