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Education for Justice |
FACT SHEET H-7 |
Fall 2011 |
CAN I KEEP A PET?
Many landlords have enforceable "no
pet" rules. Even in those
places, you may have a right to keep an animal.
·
If you live in public housing, you have
the right to a pet.
·
If you live in subsidized housing and meet the
definition of elderly or disabled,
you have the right to a pet.
·
If you have a service animal, you have
the right to keep it with you. A service
animal is an animal specially trained to help you with a disability.
·
If your animal is not a service animal, but you
are disabled and need it to help
you because of your disability, then you might have the right to keep it. The answer will depend on the facts of your
case. You may be asked to prove your
disability and how it links to your need for the companion animal.
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Most cities have laws about what kind of animal
and how many you can have.
PUBLIC AND SUBSIDIZED HOUSING
There
are specific laws that apply to tenants with pets in public or subsidized
housing. If you live in public housing,
or if you are elderly or disabled in subsidized housing, then you may keep a
pet. Your landlord can set reasonable rules
about pets - including where you can take your pet and how you must clean up
after it.
Before
you get a pet, get a copy of the pet policy from your housing authority or landlord
and make sure you can follow it.
SERVICE ANIMALS
If you
have a vision or hearing impairment, or sensory or physical disability,
COMPANION ANIMALS FOR PEOPLE WITH
DISABILITIES
If
you have a disability, you may have the right to an animal. This is true for most housing. Your animal may not have to be a “specially trained
service animal”. Disabled
means that you have a physical or mental condition which greatly limits a major
life activity -- like working, walking, eating, or communicating
REASONABLE
ACCOMMODATIONS AND HELPING ANIMALS
If you are disabled you may ask a landlord to change some
rules, including “no pets” rules. These
changes are called “reasonable accommodations”.
Federal and state civil rights laws require landlords and others, like
condo associations, to make reasonable accommodations.
You need to show 3 things to get an accommodation to let you
keep an animal:
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that you are disabled
·
that you need an animal in your home because
of your disability
·
that letting you have an animal is reasonable
You
may need to get a detailed letter from your doctor or other professional. The letter should make it clear that you are
disabled and need your animal so that you can have equal use and enjoyment of
the housing. Getting a reasonable
accommodation depends on all the facts of the situation. You must be able to care for the animal and
make sure it does not disturb others. You
might want to get a letter from a prior landlord saying that your animal did
not cause problems. For more details
see: http://bazelon.org/issues/housing/infosheets/fhinfosheet6.html
ENFORCING YOUR CIVIL RIGHTS
Start
by talking to the landlord, explaining the law, and seeing if you can work it
out. Show a copy of this fact
sheet. If you can't work it out, you may
wish to make a complaint. You may be
able to get a court order that allows you to keep an animal. You may be able to get money damages if they
did not let you have an animal but they should have let you. If you have a low income and live in the Twin
Cities area, call:
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HDLP
- Housing Discrimination Law
Project |
HELP
– Housing Equality Law Project
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(612)
334-5970 |
(651) 222-4731 |
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TDD
(612) 332-4668 |
TDD (651) 222-5863 |
You
can also file a complaint with a government agency. They will investigate the case at no charge
to you. They may help you to come to an
agreement or they may bring a case against the landlord. Contact:
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MN Department of Human Rights |
US Department of Housing and Urban
Development (HUD) |
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(651) 539-1100 |
1 (800) 424-8590 |
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TTY (651) 296-1283 |
TDD (800) 543-8294 |
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1 (800) 657-3704 |
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Act
fast if filing a complaint! The
sooner you call the better chance you will have. There are deadlines for filing cases! 1 year for complaints to any government
agency or a lawsuit based on state law, and 2 years for a lawsuit based on
federal law.
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MN Legal
Services Coalition |
Don’t use this fact sheet if it is more than 1 year
old. Write us
for updates, a fact sheet list, or alternate formats. Fact Sheets
aren’t a complete answer to a legal problem. See a lawyer for advice. |
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© 2011 Mid-Minnesota
Legal Assistance. This document may be
reproduced and used for non-commercial personal and
educational purposes only. All
other rights reserved. This notice
must remain on all copies.
Reproduction, distribution, and use for commercial purposes are
strictly prohibited. |
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To find other Legal Aid Society materials, including
any fact sheets mentioned in this document, go to www.lawhelpmn.org/LASMfactsheets.