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11 Animal L. 69 (2005)
No Pets Allowed: Housing Issues and Companion Animals

handle is hein.journals/anim11 and id is 75 raw text is: NO PETS ALLOWED: HOUSING ISSUES AND COMPANION ANIMALS By Rebecca J. Huss* Companionship, emotional support, assistance for disabled family mem- bers, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal is- sues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses. I. INTRODUCTION ......................................... 70 II. FEDERAL LAW S ......................................... 72 A. Fair Housing Act (FHA) ............................... 73 1. Applicability to Disabled Persons and Service A nim als ........................................... 73 2. Nexus between the Animal and the Disability ........ 74 3. Status of Animal is Key to the Analysis .............. 75 4. Only a Reasonable Accommodation is Required ...... 83 5. Financial Requirements ............................ 85 6. Damages Available under the FHA .................. 89 B. Elderly and Handicapped Housing ..................... 90 C. Public H ousing ........................................ 93 D. Application of Federal Laws ........................... 97 III. ISSUES IN RENTAL HOUSING AND CONDOMINIUMS... 98 A. Rental Housing ....................................... 98 B. Condom iniums ........................................ 103 IV. LOCAL LAW S ............................................ 109 A. Municipal Ordinances and Restrictive Covenants ........ 109 B . N uisance ............................................. 115 C. The Popularity of Potbellied Pigs ....................... 119 D. When is a Horse Not Just a Horse? ..................... 122 E. The Bite Issue ....................................... 124 V. CONCLUSION ........................................... 128 * © Rebecca J. Huss 2005. Professor Huss is a Professor of Law at Valparaiso Uni- versity School of Law. She holds an LL.M. from the University of Iowa and a J.D. from the University of Richmond. This article was motivated by a presentation the Author made at the 11th Annual Animal Law Conference at Lewis & Clark Law School in Octo- ber 2003, co-hosted by the National Center for Animal Law and the Student Animal Legal Defense Fund. The Author wishes to thank the participants of that conference for their thought-provoking questions. She also thanks her administrative assistant, Me- lissa Mundt, for her invaluable assistance. This article is dedicated to Bailey and Gus Huss, two canines that are important members of the Author's family.