Part 5: General Considerations
• The Fair Housing Act does not require a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. In this case, a housing provider may refuse a reasonable accommodation for an assistance animals if the specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain control of the animal, such as keeping the animal in a secure enclosure. • Determinations for reasonable accommodations regarding assistance animals should, generally, be handled within 10 days. • A reasonable accommodation may include an accommodation to a land use law, zoning law, Homeowners Association (HOA) rule, or co-op rule. • A housing provider may not charge a fee for processing a reasonable accommodation request, even if the request is denied or specious. • An assistance animal is not a pet. Therefore, a housing provider’s pet rules do not apply to assistance animals. A housing provider may not limit the breed or size of a dog used as an assistance animal just because of the size or the breed itself. • A housing provider may limit individual animals based on specific issues with that individual animal’s conduct because it poses a direct threat or a fundamental alteration of the nature of the business.
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