24 C.F.R. § 5.303

Exclusion for animals that assist, support, or provide service to persons with disabilities

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(a) This subpart C does not apply to animals that are used to assist, support, or provide service to persons with disabilities. Project owners and PHAs may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation to assist, support, or provide service to persons with disabilities. This exclusion applies to animals that reside in projects for the elderly or persons with disabilities, as well as to animals that visit these projects.

(b) Nothing in this subpart C:

(1) Limits or impairs the rights of persons with disabilities;

(2) Authorizes project owners or PHAs to limit or impair the rights of persons with disabilities; or

(3) Affects any authority that project owners or PHAs may have to regulate animals that assist, support, or provide service to persons with disabilities, under federal, state, or local law.

[73 FR 63838, Oct. 27, 2008]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Overlook Mut. Homes, Inc. v. Spencer, 666 F. Supp. 2d 850 (S.D. Ohio 2009).

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Overlook Mut. Homes, Inc. v. Spencer, 666 F. Supp. 2d 850 (S.D. Ohio 2009). “” 24 CFR § 5.303 . HUD has explained that the revised rule applies not just to service animals, as defined by the regulations implementing the ADA, but also to support and therapy animals.”

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