C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING › Subpart G—Pet Ownership in Public Housing

24 C.F.R. § 960.705

Animals that assist, support, or provide service to persons with disabilities

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(a) This subpart G does not apply to animals that assist, support or provide service to persons with disabilities. 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 such animals that reside in public housing, as that term is used in § 960.703, and such animals that visit these developments.

(b) Nothing in this subpart G:

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

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

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

Notes of Decisions
Cited in 3 cases, 2001–2019 · leading case: In Re Kenna Homes Coop. Corp., 557 S.E.2d 787 (W. Va. 2001).
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In Re Kenna Homes Coop. Corp., 557 S.E.2d 787 (W. Va. 2001). “302(c) (2001) ("Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability”); and 24 C.F.R. 960.705(a) (2001) (concerning animals that assist, support or provide service to persons…”
Fair Hous. of the Dakotas, Inc. v. Goldmark Prop. Mgmt., Inc., 778 F. Supp. 2d 1028 (D.N.D. 2011). “” 24 C.F.R. 960.705(a). While the regulations apply directly to HUD-assisted public housing, Goldmark has not presented, and the Court cannot find, any reason for applying a different rule.”
Matter of Washington v. Olatoye, 2019 NY Slip Op 4644 (N.Y. App. Div. 2019). “Federal regulations exempt "animals that assist, support, or provide service to persons with disabilities" from public housing authority pet rules ( 24 CFR § 960.705 [a]). Accordingly, respondent is obligated by both federal law and its own rules to accommodate petitioner's…”
— 24 C.F.R. § 960.705(a) — 2 cases
In Re Kenna Homes Coop. Corp., 557 S.E.2d 787 (W. Va. 2001). “302(c) (2001) ("Generally, a public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability”); and 24 C.F.R. 960.705(a) (2001) (concerning animals that assist, support or provide service to persons…”
Fair Hous. of the Dakotas, Inc. v. Goldmark Prop. Mgmt., Inc., 778 F. Supp. 2d 1028 (D.N.D. 2011). “” 24 C.F.R. 960.705(a). While the regulations apply directly to HUD-assisted public housing, Goldmark has not presented, and the Court cannot find, any reason for applying a different rule.”
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