ACC-06 Animals Fair Housing
© 2015 Disability Rights NC 5
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The FHA also protects prospective tenants or homeowners and guests of tenant or homeowner, must also be permitted to bring both service animals
and emotional support animals into the home and common areas and in
places of public accommodation within the housing complex.
Under the FHA, as long as the requestor is a person with a disability and can
show that the animal helps to alleviate symptoms, he/she will be entitled to a
housing unit.
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Under Title III of the Americans with Disabilities Act only service animals are
permitted in places of public accommodation. If you are not a tenant or
homeowner, emotional support animals are not permitted.
In the housing context, what is a “place of public accommodation”?
o Rental Offices;
o Areas of a private housing complex open to the public.
Examples:
1. A private apartment complex has a swimming pool which may be used by apartment
tenants and their guests. The apartment complex also sells memberships to the public
for use of the pool. The pool is considered a common area for tenants and their guests
and a place of public accommodation for the general public. Therefore, a member of the
excluded. However, a tenant or a tenant’s guest must be permitted to bring his or her
service animal or emotional support animal.
2. A private condominium complex restricts the use of its party room to residents and
their guests. The complex does not rent the party room to businesses or organizations.
The party room is not a place of public accommodation, but a common area under the
FHA. Therefore, tenants, homeowners, and their guests must be allowed to use either
service animals or emotional support animals in such locations. However, because
these areas are not public accommodations, the ADA does not apply and members of
the public do not have any right to enter.
3. A rental office of a private residential apartment complex is a place of public
accommodation.
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Therefore, a member of the public may bring his or her service
animal, but his or her emotional support animal may be excluded. However, a
emotional support animal.