18 Animal L. 321 (2011-2012)
Some Tenants Have Tails: When Housing Providers Must Permit Animals to Reside in No-Pet Properties

handle is hein.journals/anim18 and id is 333 raw text is: ARTICLE
SOME TENANTS HAVE TAILS: WHEN HOUSING
PROVIDERS MUST PERMIT ANIMALS TO RESIDE IN
NO-PET PROPERTIES
By
Tara A. Waterlander*
Living with a disability can make finding a home a difficult task. Discrimi-
nation against the use of a service or assistive animal in lease agreements is
a hurdle to finding a home for persons with disabilities. This discrimina-
tion is particularly pronounced when the individual suffers from a mental
or emotional disability, because these disabilities are invisible. Because
these disabilities are invisible, landlords are often reluctant to make reason-
able accommodations in lease agreements to further the use of service and
assistive animals in the treatment of mental illnesses or other disabilities,
as required by the Fair Housing Act. This Article considers the requirements
the Fair Housing Act imposes on landlords to make reasonable accommoda-
tions to their no-pets policies in order to facilitate the use of service and
assistive animals. This Article begins with a look at the history of the Fair
Housing Act and then analyzes different courts' approaches to interpreting
the Fair Housing Act in relation to maintaining a service or assistive
animal. This Article concludes with suggested model legislation that would
further the policy considerations behind the Fair Housing Act and make
finding a home easier for people with disabilities.
* Q Tara A. Waterlander J.D., LL.M 2012. The author would like to thank several
persons instrumental to the development and publication of this Article. First, the au-
thor extends warmest thanks to her law school faculty mentor, Professor Rebecca J.
Huss. Professor Huss best explains the problem with emotional support animals under
the Fair Housing Act as follows: Some people simply don't get it. The author hopes
this Article will increase public awareness of emotional support animals, the benefits
they provide for persons with disabilities, and the laws protecting the use of emotional
support animals by persons with disabilities. Second, this author thanks Dane, Relman,
and Colfax, PLLC-an outstanding civil rights law firm-for its empathy, time, and
talent. Specifically, this author thanks Michael Allen, her professional idol, and contin-
ues to strive toward her promise to pay it forward. Finally, this author thanks
Beckham.

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