On April 25, 2013, HUD published new guidance clarifying the distinctions between “assistance animals” and “service animals” for purposes of compliance with the Fair Housing Act, Section 504 and the Americans with Disabilities Act (ADA).
Specifically, the notice indicates that the recently amended ADA’s more narrow definition of a “service animal” - “a dog trained to do work or perform tasks,” does not apply when determining compliance with the Fair Housing Act or Section 504.
The latter two require apartments with a “no-pets” policy to make reasonable accommodations for persons with disabilities who have a disability-related need for an assistance animal. The more broadly defined assistance animal is most commonly a dog but it can also be other another animal.
