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Companion Animals in Rental Housing

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Companion Animals in Rental Housing
Companion Animals in Rental Housing

Abstract
Since the dawn of time, humans have taken to keeping animals by their side for companionship, protection, and assistance with daily tasks. Little research was conducted, if any, to the extent of which this companionship can affect a human’s life. With the advent of increased mental and psychological research, studies have introduced (and since confirmed) that animals do fulfill the three traits listed above and may have measurable positive effect on those with mental health issues. The focus of this paper will be to briefly shed light upon the allowance of animals in rental housing and what legal responsibilities landlords and tenants have regarding animals. I believe there are inherent flaws that have allowed individuals to abuse the legal system and gain permission to house companion and assistive animals, without the need for them. The legal system’s attempt to clarify a set of requirements and eligibility of individuals to be granted a companion animal in rental housing has failed. Open ended requirement definitions leave a lack of clarity in several key areas, thereby increasing the jeopardy landlords and property owner’s encounter when attempting to ensure they meet the legal rights of tenants and tenant prospects, without giving up their own rights as ownership or management.

Companion Animals in Rental Housing
Introduction
As a Certified Residential Manager, one of the most complex issues that I face on a daily basis is to delicately balance our property leasing requirements with the demands of tenants and tenant prospects. Individuals conducting housing searches often look for that “perfect match”, to find housing that has all the amenities that they require to be comfortable while occupying. Examples of requested amenities are garage parking spaces, dishwashers, private laundry, specific neighborhoods or locations, and the allowance of pets. Within a portfolio of properties, it is common to



References: Bazelon Center. (2012)  Fair housing information sheet #6: Right to emotional support animals in “no pet”housing Trust Code § 408. Retrieved February 6th, 2012 from http://www.cejp.org/WP/januschka.pdf February 27th, 2012 from https://www.revisor.mn.gov/statutes Office of the Revisor of Statutes February 9th, 2012 from https://www.revisor.mn.gov/statutes/?id=504b Siegel, J U.S. Department of Housing and Urban Development (“HUD”). (2011). New ADA Regulations and Assistance Animals as Reasonable Accomodations under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 Unknown. (2011). Case law developments. Mental and Physical Disability Law Reporter, 35(A4), 547-706.

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