Dr. Azul Answers Questions About “Service Animals”

What is considered a service animal under the Fair Housing Act?

The Federal Fair Housing Act does not define what constitutes a “service animal”. Instead, the Act recognizes that service animals can be considered necessary for individuals with disabilities. Service animals should be thought of as a healthcare option that many individuals choose to help them overcome the limitations imposed by their disabilities.

“Disability” is broadly defined. The Fair Housing Act defines a person with a disability as an individual who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of an impairment, or is regarded as having an impairment (regardless of whether that perception is accurate). This means that a disability must more than minimally affect activities such as walking, talking, seeing, hearing, breathing, performing manual tasks, caring for one’s self, learning, and working.

It is not necessary that the disability be physical or an obvious one. The Fair Housing Act protects residents who have “physical or mental impairments.” Chronic fatigue syndrome, a learning disability, depression, and mental illness all fit the FHA’s definition.