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Disability and Pets: Related Regulations

Material Name Citation Summary
US - Assistance animals - Subpart D. Prohibition Against Discrimination Because of Handicap.   24 CFR 100.201 - 205  

These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act.

 
US - Assistance Animals - Guidance Concerning the Carriage of Service Animals in Air Transportation Into the United Kingdom   72 FR 8268-01   This notice publishes guidance concerning the carriage of service animals in air transportation from the United States (U.S.) to the United Kingdom (U.K.). These guidelines address the differences between U.K. laws regulating the transport of service animals on flights into the U.K. and U.S. law with respect to the carriage of service animals in air transportation. U.K. laws affecting the transport of service animals in air travel differ significantly from the requirements of the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulation in 14 CFR Part 382, resulting in uncertainty for carriers and persons with disabilities about the requirements that apply on flights into or transiting the U.K.
 
US - Assistance Animals - Nondiscrimination on the Basis of Disability   70 FR 41482-01   This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.
 
US - Assistance Animals - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities   73 FR 34508-01   The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are "consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board" (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
 
US - Assistance Animals - Nondiscrimination on the Basis of Disability in Air Travel   73 FR 27614   The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.  
US - Assistance animals - Part 36. Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Subpart A. General.   28 C.F.R. 36.101 - 105  

This regulation defines disability as a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. It also defines service animal as any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

 
US - Assistance animals - Part 8. Nondiscrimination Based on Handicap   24 C.F.R. 8.1 - 8.6  

The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development.

 
US - Assistance Animals - Pet Ownership for the Elderly and Persons With Disabilities   73 FR 63834-01   This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Specifically, this final rule conforms these pet ownership requirements to the requirements for animals assisting persons with disabilities in HUD's public housing programs, other than housing projects for the elderly or persons with disabilities.  
US - Assistance animals - 100.204 Reasonable accommodations.   24 C.F.R. 100.204  

This section states that it is unlawful 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. Examples of such situations are also given.

 
US - Housing and Pets - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities. Pet Ownership Requirements for Housing Programs   24 C. F. R. 5.350 - 5.380   This set of HUD regulations set forth the mandatory pet rules for housing programs. The procedure for the development of pet rules is outlined as well as pet rule violation procedures. One rule states that an applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. The rules also contemplate protection of the pet by allowing project owners to contact state or local authorities to remove the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner.  
US - Pets and Housing - Subpart C. Pet Ownership for the Elderly or Persons with Disabilities   24 C. F. R. 5.300 - 327   This subpart implements section 227 of the Housing and Urban–Rural Recovery Act of 1983 (12 U.S.C. 1701r–1) as it pertains to projects for the elderly or persons with disabilities under: (1) The housing programs administered by the Assistant Secretary for Housing–Federal Housing Commissioner; (2) Projects assisted under the programs contained in chapter VIII of this title 24; and (3) The public housing program.
 
US - Pets and housing - 5.380 Public housing programs: Procedure for development of pet rules.   24 C.F.R. 5.380   This rule states that Public Housing Authorities (PHAs) must consult with tenants of projects on rules for pets in projects for the elderly or persons with disabilities. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation.  
US - Service Animals - Part 35. Nondiscrimination on the Basis of Disability in State and Local Government Services.   28 C.F.R. 35.101 - 139   The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. The section defines "service animal" as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.  
US - Service Animals - Subpart H. Services on Aircraft. 382.117. Must carriers permit passengers with a disability to travel with service animals?   14 C.F.R. 382.117   This federal regulation states that carriers must permit service animals to accompany passengers with disabilities. The Department of Transportation allows identification of a service animal by the “presence of harnesses, tags, or the credible verbal assurances of a qualified individual with a disability using the animal." Foreign carriers, however, are not required to carry service animals other than dogs.  
US - Subpart G. Pet Ownership in Public Housing.   24 C. F. R. 960.701 - 707   The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership.
 

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