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Fair Housing Act: Service Animals
24 C.F.R. § 100.204 - 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 disabled 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 pet 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.
Example (2): Progress Gardens is a 300 unit apartment complex with 450 parking spaces which are available to tenants and guests of Progress Gardens on a first come first served basis. John applies for housing in Progress Gardens. John is mobility impaired and is unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of Sec. 100.204 for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation is reasonable because it is feasible and practical under the circumstances.
Department of Justice Technical Assistance Letters:
Service Animals in Housing: Even though service animals are not specifically mentioned in the Fair Housing Act and its regulations, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility.
Oklahoma Law Regarding Service Animals
Oklahoma Statutes, enacted in 1968, amended 1981, 1985, 1988, 1989, and 1992, Title 7, Chapter1, Sections 19.1 and 19.2; Title 25, Chapter 21, Sections 1452.13 and 1452.14 Oklahoma statutory law guarantees a blind person the legal right to be accompanied by a specially trained dog guide in all public accommodations and on all public transportation. No extra charge can be levied because of the presence of a dog guide, but the dog guide user is liable for any damage the dog might cause to the premises. Public accommodations include stores, restaurants, hotels, cafes, and all other places to which the public is invited. (Chapter 1, Sect.19. 1) Public transportation includes public elevators, trains, airplanes, boats, buses, taxis, and all other modes of public conveyance. (Chapter 1, Sect. 19.1) It shall be an unlawful discriminatory housing practice for any person or any agent or employee of such person to refuse to rent or lease housing to a blind person on the basis of the person's use or possession of a bona fide, properly trained guide dog. (Chapter 21, Sect. 1452.13) Violation: Any person who interferes with the above-enumerated rights is guilty of a misdemeanor and punishable consequently under Oklahoma law. (Chapter 1, Sect. 19.2).