A reasonable accommodation is a change in a rule or policy, such as an exception to a 'no pets' policy, to accommodate a person with a disability. A reasonable modification in housing is a physical change to the housing structure, such as a ramp, grab bars, or a door bell that uses lights instead of sound, to accommodate a person with a disability.
The central questions in the law are whether the requested accommodation will allow a person with a disability to use and enjoy housing on the same basis as a person without a disability would and whether the requested accommodation is "reasonable." What is reasonable in the law requires a fact-by-fact, case-by-case analysis. This means that each accommodation, like each person with a disability, is different and each accommodation must be analyzed individually. The main reasons an accommodation may be found unreasonable are that the requested accommodation imposes an undue financial burden on the housing provider or constitutes a fundamental change in the nature of the program, service, or relationship of the housing provider and the person living in the housing.
Reasonable accommodations regarding service or companion animals are a common area of contention; however, the law regarding providing an accommodation for a companion or service animal is no different than for any other accommodation. The two questions are: 1) will the animal accommodate the disability and make it possible for the person to use and enjoy the housing on the same basis as a person without a disability and 2) is the accommodation reasonable. Each accommodation request must be analyzed on its own. Previous cases litigated about accommodation animals provide guidelines for the outer limits of reasonableness.
Let's take the example of a woman diagnosed with Major Depression. A person with Major Depression may be able to use and enjoy housing through the companionship of a dog. Her therapist might confirm that the dog makes the woman happier and forces her to get outside for walks or accommodates her disability in other ways. A companion dog is a common reasonable accommodation for people with mental health disorders.
Does a companion dog make people without mental health disabilities happier and more likely to take walks? Yes, probably. But that's not the point. Under the law, what's relevant is that the person has a disability and someone qualified to assess the accommodation has determined that the person needs the accommodation to use and enjoy housing on the same basis as a person with out a disability would. Does this mean people with disabilities have more rights in housing than other people? Not really. Think of the companion dog the same way you would think of a wheelchair or a seeing-eye dog. If a person is incapacitated by Major Depression, she has a disability and needs her companion dog in the same way that a blind or visually impaired person needs his seeing-eye dog. The blind person needs the dog to see for him. The depressed person needs the dog to get out of bed in the morning, pay bills, shop, cook, and eat.
What about some examples of unreasonable accommodations? A companion dog that has a history of biting neighbors, visitors, or staff is probably not reasonable. One companion dog is probably reasonable but six companion dogs for one person is probably not. Inherently dangerous animals such as poisonous snakes are probably not reasonable. A horse that will live indoors is probably not reasonable. The key is to look at the facts case by case.
Do you know someone who has a disability and has been refused a reasonable accommodation or modification? Call us. We can help. (800) 889-2047
Reasonable Accommodation and Companion Animals
