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Posted by / 06-Feb-2021 22:20

The Fair Housing Amendment Act prohibits any discrimination against a person with a disability in the terms of rental or sale of housing as well as in the provision of facilities or services of the housing.

Under the Act, “discrimination” covers a denial of reasonable accommodation in practices, policies, rules or services, where such accommodation may be required to afford an individual with a disability equal opportunity to make use of a dwelling. Therefore, when a tenant with a disability requires the use of a service animal in a house, then the landlord generally will have to allow it, even if pets are prohibited or restricted in the apartment.

The Ohio Administrative Code § 4112-5-06 says that a public accommodation place is prohibited from discriminating against people with disabilities, including refusing them the use of an “animal assistant”.The Ohio Revised Code, which covers ‘assistance dogs’, says that if a hearing impaired, visually impaired, or a mobility impaired individual, is accompanied by an assistant dog, they will be entitled to complete and equal accommodation, facilities, advantages, and privileges of all public accommodation places as well as other places where people are invited or allowed to be.The assistance dog trainer is entitled to all the same privileges, and they cannot be charged extra for bringing the dog.A special nonprofit agency should have trained the dog.Any requirement within the Administrative Code or the Ohio Revised Code that is in conflict with the ADA in all likelihood gets pre-empted by the ADA.

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Ohio law further says that such an individual is not required to pay any additional charges for the animal assistant, but will be liable in case any damages occur to the premises because of the animal assistant.