Right To Emotional Support/Companion Dogs

It is a well known fact that people with Autism and Aspergers syndrome can benefit from having an emotional support/companion dog.  Many landlords are against the idea of having dogs in there pet free environment – however your right is protected by several laws and legal precedents.  However the burden is on you to prove to your landlord the benefit of an emotional support animal.

Federal Laws Protecting Right To Emotional Support Animal:

• Applies To Almost All Housing 42 U.S.C. § 3604(f)(3)(B) – The Fair Housing Act
  “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” is considered discrimination on the basis of disability.

Legal Presedence

• You are required to prove your disability to your landlord:
  Majors v. Housing Authority of the County of Dekalb, 652 F.2d 454 (5th Cir. 1981)
  Housing Authority of the City of New London v. Tarrant, 1997 Conn. Super. LEXIS 120 (Conn. Super. Ct. Jan. 14, 1997)
  Whittier Terrace v. Hampshire, 532 N.E.2d 712 (Mass. App. Ct. 1989); Durkee v. Staszak, 636 N.Y.S.2d 880 (N.Y.App.Div. 1996)
  Crossroads Apartments v. LeBoo, 578 N.Y.S.2d 1004 (City Court of Rochester, N.Y. 1991)
• You are not required to prove your dog has special training, only that it be individually trained
  Bronk v. Ineichen, 54 F.3d 425 (7th Cir. 1995)
  Green v. Housing Authority of Clackamas County, 994 F.Supp. 1253 (Or. 1998)