A question recently on Fair Housing having to do with service animals. Can you ask for a doctors note if a consumer wants to rent your property and they have a service animal? Well the American with Disabilities Act says one thing and the Federal Housing Laws say another. Who trumps who? The American with Disabiities Act applies to commercial properties such as restaurants and the Fair Housing Act applies to residential properties.”ADA Regulations Do NOT Trump Fair Housing Requirements!”
“When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.” [source: ada.gov)
“A housing provider may not deny a reasonable accommodation request because he or she is uncertain whether or not the person seeking the accommodation has a disability or a disability- related need for an assistance animal. Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal”
“ADA Regulations Do NOT Trump Fair Housing Requirements!”
Further discussion from this excellent post from July Cook, ADA and Fair Housing – There is a Difference.