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Official Nebraska Government Website
 

Service and Companion Animals
Reasonable Accommodation Questions and Answers

Source: Joint Statement of The Department of Housing and Urban Development and the Department of Justice. "Reasonable Accommodation Under the Fair Housing Act" May 14, 2004. http://www.justice.gov/crt/about/hce/joint_statement_ra.pdf

 

What is a service animal?

Any animal individually trained to perform tasks for the benefit of a person with a disability.

There is no national standard regarding the training or performance of a service animal, including guide dogs.

 

What is a companion animal?

Also referred to as an assistive or therapeutic animal, it is an animal typically for persons with mental or emotional disabilities. It assists with depression or anxiety and provides emotional support.

There is no national standard regarding the training or performance of a companion animal.

 

Why must one allow an animal when there is a "no pets" policy?

Under Federal and State Fair Housing laws, tenants may ask their housing provider to make a reasonable accommodation in the "no pets" policy.

Once the need for the animal is verified by a qualified professional (such as a doctor), the exception must generally be made.

 

What information may one request from tenants regarding service animals?

One may ask the tenant to provide documentation from a qualified professional regarding the need for a service animal or companion animal.

One may not ask the tenant to provide any details regarding the nature of the disability, medical records, proof of training, or insurance coverage for the animal.

 

What about a pet deposit?

No.

However, the tenant is responsible for the actions of the service animal. The tenant can be held accountable for any damage to property. The tenant must comply with established policies regarding maintenance and cleaning; leash policies, and noise guidelines.

 

What if other tenants complain about the exception being made to the pet policy?

State that "The owner/manager complies with fair housing laws," but provide no information about the disabled tenant's situation. One may also refer the inquiring party to the Nebraska Fair Housing laws.

 

What is the tenant's responsibility regarding the service animal or companion animal?

The tenant is required to supervise and maintain control of the animal at all times.

The tenant is required to immediately remove animal waste from common areas.

 

Where must one allow the animal on the property?

The service animal or companion animal must be allowed to accompany the tenant at all times, and everywhere on the property except where animals are specifically prohibitied.

Areas where animals may post significant health or safety hazards, such as swimming pools, may be designated as off-limits to serve animals or companion animals. Such designations may not interfere with the disabled person's right to fully enjoy the amenities.

 

Click here to see a sample letter for a companion animal.

Frequently Asked Questions

Contact Us

Lincoln (Main Office)
Nebraska State Office Building
301 Centennial Mall South, 5th Floor
PO Box 94934
Lincoln, NE 68509-4934
Telephone: (402) 471-2024
Toll Free: (800) 642-6112
Fax: (402) 471-4059

Omaha
State Office Building
1313 Farnam-on-the-Mall, 3rd Floor
Omaha, NE 68102-1836
Telephone: (402) 595-2028
Toll Free: (800) 382-7820
Fax: (402) 595-1205

Scottsbluff
Panhandle State Office Complex
505A Broadway, Suite 600
Scottsbluff, NE 69361-3515
Telephone: (308) 632-1340
Toll Free: (800) 830-8633
Fax: (308) 632-1341

Office hours for all offices are 8:00 a.m. through 5:00 p.m., Monday through Friday, excluding state holidays.