Exempt from Fair Housing Act - what about service animals?

[cwbaker77]

If a landlord is exempt from the fair housing law in NYS based on the fact that it is an owner occupied house with a single apartment in it, what obligation does that landlord have regarding service animals? Can they be excluded? Can an extra security deposit be charged? I am referring specifically to a tenant who is not blind, has no visible disability, but has documentation that all five of his animals are "service animals". (2 dogs, 2 cats and a bird).
Thanks,
Linda

 

[Gail_in_Georgia]

What "service" are these animals providing this tenant?

Service animals are specially trained to provide certain services to folks who are disabled....

http://www.ada.gov/animal.htm

There is currently some confusion between "service animals" and a fairly new category; "comfort animals" which provide companionship more than perform an actual service (i.e., a seeing eye dog, for example).

Many tenants who want to keep pets are pushing their medical providers to say that their pets are now "comfort animals".

Gail

 

[Gail_in_Georgia]

http://meeb.com/legal_alert/legal_alert_05_06.htm

Gail

 

[cwbaker77]

Yes, I've done some reading on these laws, trying to help out the homeowner/landlady. The tenant is "disabled" due to a back injury. Tenant appears to be able to walk fine, drive a car, etc. No explanation has been offered as to what exactly these animals do and landlady has been timid about her rights to ask. Tenant has basically demanded that the five animals be allowed and that no extra security deposit could be charged for them because they are "service animals". What I am trying to figure out is whether this landlady and her small house are exempt from the NYS fair housing laws, and therefore exempt from the rules and regs governing "service animals". It is basically a duplex house and the owner lives in the one unit.