ANIMALS IN STATE-AIDED PUBLIC HOUSING - Bureau of Housing Management February 15, 2023
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ANIMALS IN
STATE-AIDED
PUBLIC
HOUSING
Bureau of Housing Management
February 15, 2023
AGENDA 1. Definitions 2. Applying tenancy requirements 3. Assessing a request for an animal
GENERAL GUIDANCE: The information in this presentation is intended to provide general guidance. It is not intended to be exhaustive, to alter legal obligations, or to cover every aspect of laws that may apply in a particular situation. LHAs should review all applicable state and federal laws and regulations pertaining to non-discrimination and access for persons with disabilities and consult with their legal counsel on particular matters.
QUESTIONS... Please type questions into the chat We will follow up in a FAQ when we post the presentation For non-general policy questions, you may need to contact your counsel or Housing Management Specialist directly.
DEFINITIONS • Pets • Service Animals • Other Types of Assistance Animals
PETS
DHCD regulation 760 CMR 6.03:
“a domesticated animal of a species that is commonly kept
as a household pet in the community.” -
Examples:
• “A cat, dog, gerbil, or hamster is an example of a domesticated
animal which is commonly kept as a household pet”
• “Caged birds, which are not unreasonably noisy, or fish in tanks”
If the animal does not meet the criteria for a Service Animal or
other type of Assistance Animal, the animal is considered a pet for
public housing purposes.
SERVICE ANIMAL a dog that is individually trained to do work or perform tasks, including a physical, sensory, psychiatric, intellectual, or other mental disability. - Department of Justice (DOJ) under the American with Disabilities Act (ADA). Service Animal is a type of Assistance Animal, but has a narrower meaning defined by the Department of Justice (DOJ) under the American with Disabilities Act (ADA).
SERVICE ANIMAL a DOG that is individually trained • Received training • May be trained by the Owner. to do work or perform tasks…. -including a physical, sensory, psychiatric, intellectual, or other mental disability. • Trained to take a specific action to assist a person with a disability, when needed. • Work or tasks must be directly related to the individual’s disability
EXAMPLES
EXAMPLES OF WORK OR TASKS INCLUDE, BUT ARE NOT
LIMITED TO:
• assisting individuals who are blind or have low vision with navigation and other tasks,
• alerting individuals who are deaf or hard of hearing to the presence of people or sounds,
• pulling a wheelchair,
• assisting an individual during a seizure,
• alerting individuals to the presence of allergens,
• retrieving items such as medicine or the telephone,
• providing physical support and assistance with balance and stability to individuals with
mobility disabilities, or
• helping persons with psychiatric and neurological disabilities by preventing or
interrupting impulsive or destructive behaviors.ASSISTANCE ANIMAL an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability.
EXAMPLES
PERSONS WITH MENTAL HEALTH DISABILITIES (E.G.,
DEPRESSION, ANXIETY, PTSD)
• providing benefit from the routine of caring for animals or interacting with others while
caring for or being with animal. These and other benefits may reduce stress and
loneliness, enhance social connection, provide a reason to live, or create purpose and
meaning
• otherwise providing emotional support that alleviates a symptom or effect of a disability
• taking an action(s) to calm an individual during an anxiety attack
• interrupting impulsive or destructive behaviorsEXAMPLES
PERSONS WITH NEUROLOGICAL OR INTELLECTUAL DISABILITIES
(E.G., AUTISM, DOWNS SYNDROME, DEMENTIA, EPILEPSY)
• providing benefit by calming, becoming more engaged and expressive (laugh, talk,
smile), accepting touch, and stimulating social interaction
• alerting to hazards or interrupting wandering or distraction
• alerting to an upcoming seizure and assisting the individual during the seizureEXAMPLES
PERSONS WITH PHYSICAL DISABILITIES (E.G., LIMITED MOBILITY,
VISION IMPAIRMENT, HEARING IMPAIRMENT, PARALYSIS, DIABETES)
• providing benefit from animals that can retrieve items
• providing physical support to help with balance or pulling a wheelchair
• assisting individuals who are deaf or hard of hearing
• assisting individuals who are blind or low vision
• alerting a person with diabetes when blood sugar is too high or lowTENANCY
REQUIREMENTS
PET POLICY
LEASE
RENT CALCULATIONPET POLICY
Pets are subject to the Pet Policy
Pet Policy authorized by statue under Chapter 151, Acts of 1989
Pet (or No Pet) Policy may impose rules, such as:
• Types of animal or the size of an animal
• Fee to keep a pet
• Limit the number of pets
• Require local licensing
• Restrict all petsPET POLICY
THE LEASE & PETS DHCD Form Lease for Public Housing, Section IX. TENANT'S OBLIGATIONS (O) Pets Policy
THE LEASE &
ASSISTANCE ANIMALS
Assistance Animal:
Not subject to the pet guidelines or policies
Not subject to Form Lease, Section IX. Tenants Obligations
(O) Pets Policy
Other tenant obligations in the lease can applyTHE LEASE & ASSISTANCE ANIMALS DHCD Form Lease for Public Housing, Section IX. TENANT'S OBLIGATIONS
THE LEASE & ASSISTANCE ANIMALS BEHAVIORS THAT MAY VIOLATE THE LEASE: • Chasing • Biting • Excessive barking • Jumping at people • Not being housebroken
THE LEASE &
ASSISTANCE ANIMALS
ANIMALS NEED NOT BE ACCOMMODATED, IF:
• Pose direct threat to health or safety of others.
• Would cause substantial damage to the physical
property of others.
BUT only if the direct threat to health or safety or substantial
damage is determined based on an individualized assessment
and cannot be eliminated or reduced to an accepted level,
including through a reasonable accommodation.THE LEASE &
ASSISTANCE ANIMALS
If LHA determines:
• Assistance Animal poses direct threat to health of safety of
others, or
• Causes substantial damage to physical property…
LHA must ask:
• Can threat or damage be eliminated or reduced by actions
that the individual can take to maintain or control the
animal or another reasonable accommodation?DISCUSSION - PROPER CONDUCT
DISCUSSION -
PROPER CONDUCT
CONDITION: ACTION:
Behavior: Unrestrained
Growling at resident
Lease Violation: Section IX (e) No Threats,
Harassment or Nuisance
LHA Action: Lease Enforcement and Notice to
Tenant
Review of Further
Accommodation: Use of Smart Collar
Resolution: Further accommodation resolves the
violation.DISCUSSION - PROPER CONDUCT
THE LEASE & ASSISTANCE ANIMALS DHCD Form Lease for Public Housing, Section IX. TENANT'S OBLIGATIONS
DISCUSSION - DAMAGES
DISCUSSION -
DAMAGES
28TENANCY AND ANIMALS RENT CALCULATION /MEDICAL DEDUCTIONS Are costs related to animals deductible ? Questions to Ask: • Is the animal a Pet? • Is the animal an Assistance Animal?
TENANCY AND ANIMALS RENT CALCULATION /MEDICAL DEDUCTIONS Are costs related to animals deductible ? Animal is a Pet? YES Is the cost deductible? NO Animal is Assistance Animal? YES Is the cost deductible? YES
TENANCY AND ANIMALS
RENT CALCULATION /MEDICAL DEDUCTIONS
Medical Deductions: 760 CMR 6.05 (4)(e)
Deductible Assistance Animal Costs:
Obtaining the animal.
Training expenses.
Maintenance costs: food, grooming, veterinary care.
Service harness, vest or associated leash.TENANCY AND ANIMALS RENT CALCULATION /MEDICAL DEDUCTIONS Medical Deductions: 760 CMR 6.05 (4)(e) PHN 2023-01 replaces guidance given in PHN 2008-11 (Policy for Service Animal Expense Deductions). Link to DHCD Resource Page: www.mass.gov/info-details/training-resources-for-local-housing- authorities Please refer to the “Training Resources for Local Housing Authorities” page for the 2022 medical deduction presentation.
ANIMAL-RELATED
REASONABLE
ACCOMMODATIONS (RA)
How to respond to a request for accommodationRA QUICK REVIEW Applicable State and Federal Laws • Chapter 151B of the Massachusetts General Laws • Federal Fair Housing Act, as amended • Americans with Disabilities Act (“ADA”), as amended • Section 504 of the Rehabilitation Act of 1973, as amended DHCD guidance • PHN 2023–01 – Guidance Related to Animals in State-Aided Public Housing • PHN 2021-17 – Template Reasonable Accommodation Policy • PHN 2011-13 – Additional Information & Resources Regarding Reasonable Accommodations/ Modification & Access for Persons with Disabilities
RA – KEY POINTS LHAs are required to make reasonable accommodations in rules, policies, practices, and services, or reasonable modifications to facilities when such accommodations or modifications may be necessary to afford a person with a disability an equal opportunity to use and enjoy the dwelling or to fully access and use the LHA’s programs and services. Sometimes, the accommodation is allowing an animal despite a no pet policy, or allowing an animal that would not conform to the Pet Policy.
RA – KEY POINTS
• Every request for accommodation is unique
• LHAs must be familiar with state and federal laws
regarding non-discrimination and access for people with
disabilities
• LHAs should use their legal counsel as a resource on
particular mattersWHERE TO START
NOTIFICATION: THE TENANT OR APPLICANT NOTIFY THE LHA OF
THEIR REQUEST OR NEED FOR AN ANIMAL AS A
REASONABLE ACCOMMODATION*
1. Determine if the animal is a Service Animal
2. If not, determine if the animal is another type of Assistance
Animal
3. If not, treat as a pet
If the animal is already living in the unit, it should remain in the unit
while its status is verified ….
Unless the LHA has determined that the animal poses a direct
threat that cannot be eliminated or reduced to an acceptable level.
*Remember, it is not necessary for a request to be in writing or to contain
particular words such as “reasonable accommodation” or “assistance animal”.STEP 1: DETERMINE IF THE ANIMAL
IS A SERVICE ANIMAL
First Step: Determine if the requested animal is a
Service Animal
• Definition:
Under the ADA, “service animal means 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.DETERMINE IF THE
ANIMAL IS A
SERVICE ANIMAL
QUESTION: ANSWER AND ACTION:
• Is the animal a dog? • YES... then answer the next
question…
• Is it readily apparent that • YES... the animal is a
the dog is trained to do Service Animal.
work or perform tasks for
the benefit of an individual No further questions are
with a disability? necessary to determine the
nature of the animal
Presentation titleDETERMINE IF THE ANIMAL IS A SERVICE ANIMAL • Is it readily apparent that the dog is trained to do work or perform tasks for the benefit of an individual with a disability?
DETERMINE IF THE
ANIMAL IS A
SERVICE ANIMAL
QUESTION: ANSWER AND ACTION:
• Is the animal a dog? • YES... then answer the next
question…
• Is it readily apparent or • NO
otherwise known that the
dog is trained to do work or
Then, 2 further
perform tasks for the
questions…
benefit of an individual
with a disability?
Presentation titleDETERMINE IF THE
ANIMAL IS A
SERVICE ANIMAL
QUESTION: ANSWER AND ACTION:
• 1. Is the animal required • YES... Do not ask about
because of a disability? the extent of disability or
require documentation.
• 2. What work or task has • If work or a task is
the animal been trained to identified, then grant the
perform? accommodation.
• No further inquiry is
necessary.STEP 2: DETERMINE IF IT IS ANOTHER
TYPE OF ASSISTANCE ANIMAL
Second Step: Determine if the requested animal is
another type of Assistance Animal (not a
Service Animal)
Assess whether or not to grant the
accommodationDETERMINE IF THE ANIMAL IS ANOTHER TYPE OF ASSISTANCE ANIMAL QUESTION: ANSWER AND ACTION: • 1. Does the person have an • YES - observable disability or Do not ask about the nature does the LHA have or extent of disability or information that the require documentation. person has a disability?
DETERMINE IF THE ANIMAL IS ANOTHER TYPE OF ASSISTANCE ANIMAL QUESTION: ANSWER AND ACTION: • 1. Does the person have an • NO- observable disability or May seek further does the LHA have information. information that the person has a disability?
DETERMINE IF THE
ANIMAL IS ANOTHER TYPE
OF ASSISTANCE ANIMAL
QUESTION: ANSWER AND ACTION:
• 1. Has the person requesting YES - Then proceed to next
the accommodation provided questions.
information that reasonably
supports that the person
seeking the accommodation NO - The LHA may request
has a disability? information that reasonably
supports that the person has a
disabilityDETERMINE IF THE
ANIMAL IS AN
ASSISTANCE ANIMAL
QUESTION: ANSWER AND ACTION:
• 1. Has the person provided • YES - Accommodation
information which should be granted*
reasonably supports that the • NO – engage in the
animal does work, performs interactive process regarding
tasks, provides assistance, information needed
and/or provides therapeutic
emotional support with *Unless the LHA can show it would
respect to the individual’s pose an undue financial and
disability? administrative burden or a
fundamental alteration to the LHA’s
operations, or a direct threat that
cannot be eliminated or reduced to an
acceptable level after an interactive
process.STEP 3: TREAT AS A PET Third Step: • If the animal is not a Service Animal, and • Is not another type of Assistance Animal Then, a reasonable accommodation is not required and the LHA must apply the rules of its Pet Policy
GENERAL GUIDANCE RESPONDING TO REQUEST FOR REASONABLE ACCOMMODATION • DHCD Flowcharts • Attachment B of PHN 2023-01 • HUD Notice: FHEO-2020-01
SERVICE
ANIMALS
• This flow chart has been
provided in PHN 2023-01,
Attachment B
• It is a visual tool based on
FHEO 2020-01 and does not
replace formal guidance.ASSISTANCE 51
ANIMALS
• This flow chart has been
provided in PHN 2023-01,
Attachment B
• It is a visual tool based on
FHEO 2020-01 and does not
replace formal guidance.EXAMPLE 1- THE UNREPORTED FELINE
A tenant has been living in a family unit for a few years. During the last
maintenance inspection, the supervisor noted that there was a litter box in
the corner of one of the bedrooms. She reported the evidence of an animal
to the Executive Director.
What steps could the LHA take next?EXAMPLE 1- THE UNREPORTED FELINE
A tenant has been living in a family unit for a few years. During the last
maintenance inspection, the supervisor noted that there was a litter box in
the corner of one of the bedrooms. She reported the evidence of an animal
to the Executive Director.
• The LHA can provide a letter noting the evidence of an animal with a
copy of the No Pet Policy with the Reasonable Accommodation Policy
attached.EXAMPLE 1- THE UNREPORTED FELINE
The tenant comes to the office and reports that there is a cat in the house for
his daughter’s emotional well-being.
• The LHA considers this to be a reasonable accommodation request.
• Staff consider whether or not the animal is a Service Animal.
• Staff decide it is not, because it is a cat. Staff will determine whether or
not it is another type of Assistance Animal.
• This may take some time and the animal will stay in the unit while the
request is reviewed.EXAMPLE 1- THE UNREPORTED FELINE
A tenant has been living in a family unit for a few years. During the last
maintenance inspection, the supervisor noted that there was a litter box in
the corner of one of the bedrooms. She reported the evidence of an animal
to the Executive Director. The tenant comes to the office and says that there
is a cat in the house for his daughter’s emotional well being.
Does the person have an observable disability OR Does the LHA already have info
giving them reason to believe that the person has a disability?
• Staff are not aware of a household member with a disability.
• The LHA may ask for information that verifies the individual has a
disability and has a disability-related need for the animal.EXAMPLE 1- THE UNREPORTED
FELINE
The tenant provides a letter from his
daughter’s psychologist that the daughter
is under her care for a disability and that
the cat is providing a benefit by easing the
effects of the disability through calming
and accepting touch.
• The disability is confirmed, and the
letter supports the disability-related
need for the animal.
• Staff will grant a reasonable
accommodation to the LHA’s No Pet
Policy in family housing.RECAP 1. Definitions 2. Applying tenancy requirements 3. Assessing a request for an animal
QUESTIONS Please type questions into the chat or contact your Housing Management Specialist
THANK YOU GENERAL GUIDANCE: The information in this presentation is intended to provide general guidance. It is not intended to be exhaustive, to alter legal obligations, or to cover every aspect of laws that may apply in a particular situation. LHAs should review all applicable state and federal laws and regulations pertaining to non-discrimination and access for persons with disabilities and consult with their legal counsel on particular matters.
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