Fair Housing and Assistance Animals

Several years ago the words “assistance animal” conjured thoughts of dogs helping visually impaired, deaf people and people in wheelchairs.  Today, that may not be the case. 

According to Virginia state law 36-96.1:1, assistance animals are defined as an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. … An assistance animal is not required to be individually trained or certified. While dogs are the most common type of assistance animal, other animals can also be assistance animals. An assistance animal is not a pet.”

According to Virginia state code 36-96.3:1, a person with a disability who has an assistance animal shall comply with the rental agreement or any rules and regulations of the property owner that all other residents must follow as long as they don’t interfere with the equal opportunity to use and enjoy the dwelling or common areas.

People with assistance animals are not required to pay a pet fee or deposit for the assistance animals but is responsible for damages.

The person with the disability, or another person associated with the person, may submit a request for a reasonable accommodation to maintain the assistance animal.

The person receiving the request may ask for reliable documentation of the disability and the need for an assistance animal.  They may require the documentation come from any person with whom the person with a disability has or has had a therapeutic relationship.

In this code a “therapeutic relationship” means the provision of medical care, program care or personal care services.  These persons could be mental health service providers; must have a valid unrestricted state license, registration or certification to serve persons with disabilities.

A person from a peer support group that does not charge for services, or a caregiver, reliable third party or government entity with actual knowledge of the requester’s disability.

So, basically, if you have an assistance animal, the person renting to you can request documentation that you need the assistance animal, they cannot charge a pet fee or deposit but, the person with the assistance animal is responsible for an damages caused by the animal.

Additionally, the person with the assistance animal must follow the contract as well as any rules and regulations required of other tenants.

Please consult a real estate attorney for clarification and assistance if you find yourself in a situation where you are being denied access to housing because of your use of an assistance animal.