In a press release yesterday, the Department of Housing and Urban Development (HUD) announced the issuance of a notice on assistance and service animals by its Office of Fair Housing and Equal Opportunity (FHEO). Notice FHEO 2013-1 is divided into three sections:
- Section I explains the obligations that housing providers have under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 to provide reasonable accommodations to persons with disabilities who need assistance animals. This section includes a two-question test that housing providers with a no-pets policy can apply to determine whether or not the Fair Housing Act and Section 504 require a modification to that policy.
- Section II explains the revised definition of service animal adopted by the Department of Justice (DOJ) in its regulations implementing the Americans with Disabilities Act (ADA).
- Section III explains the obligations of housing providers subject to both the service animal requirements of the ADA and the reasonable accommodation provisions of the Fair Housing Act and/or Section 504.
In another press release yesterday, HUD and the Department of Justice (DOJ) announced the publication of a joint statement on accessibility (design and construction) requirements for covered multifamily dwellings under the Fair Housing Act. The 31-page joint statement is intended “to assist design professionals, developers, and builders in understanding and meeting their obligations and to assist persons with disabilities in understanding their rights.” It consists of a brief introduction and the answers to 63 questions on the following topics:
- Accessibility requirements of the Fair Housing Act
- Types of dwellings covered by the Fair Housing Act
- Ground floor dwelling units
- Single-story and multistory dwelling units
- Additions
- Alterations/renovations
- Building separations
- Dwelling units custom-designed or presold prior to completion
- Subsequent changes to accessible features
- Buildings with one or more elevators
- Accessible routes
- Accessible entrances
- Safe harbors for compliance with the Fair Housing Act
- Reviews for compliance
- Buildings covered by the Fair Housing Act and other accessibility laws or codes
- Accessible public and common use areas
- Enforcement
- Reasonable accommodations and reasonable modifications under the Fair Housing Act
- Location of documents
Do you have concerns about whether or not your agency is compliant with federal fair housing law? Nan McKay and Associates can help. Our resources for your PHA include consulting, a newly-updated video, and a training seminar, also newly updated.
