Stump the Law Librarian

Q: I am a landlord of a building with a "no-pets" policy. Do I need to allow service animals?

A: You will find the answers in the following Federal laws:
According to 42 USC 3604(f)(3)B, the US Code section on discrimination in the sale or rental of housing and other prohibited practices, discrimination includes a "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."

In additon, according to 24 CFR 100.204, the Code of Federal Regulations section on the Fair Housing Act:
"Reasonable accommodations. (a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

(b) The application of this section may be illustrated by the following examples:
Example (1): A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of Sec. 100.204 for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling."