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Does the ADA or the Fair Housing Act apply when I am requesting a housing accommodation for my assistance animal?

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When it comes to the review of a housing accommodation for an Emotional Support Animal or service animal all housing providers must meet their fair housing obligations. All housing providers, including the Public Housing Authorities which provide federally funded subsidized housing, “may not use the ADA definition [of “service animal”] as a justification for reducing their FHAct obligations.” [75 Fed. Reg. at 56166, 56240 (Sept. 15, 2010)] Remember that both Emotional Support Animals and Service Animals are assistance animals under the FHAct, and therefore both should be subjected to the same review process outlined by HUD. If your landlord is treating ESAs differently than Service Animals, your landlord might be violating the FHAct.

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