November 2009 Coach's Quiz

We have given you five rules on handling requests for assistance animals. Now let's look at how the rules might apply in the real world. Take the COACH'S QUIZ to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a, and so on.

And this month, there's an extra credit assignment: Judge for Yourself, a description of an actual court case. Test yourself on whether you think the community should be held liable, and then check the summary of the court's ruling to see how much you have learned.

The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Although your community has a no-pets policy, a maintenance worker discovers that a resident has three cats in her unit. When you confront her, the resident says she needs the animals due to an emotional disability. You may tell her that:

1. She must remove the animals immediately.

2. She may keep one cat as an assistance animal.

3. You will evaluate whether to grant her request as a reasonable accommodation to your no-pets policy and ask her to verify that she has a disability and disability-related need to keep the cats.

QUESTION #2

Your community requires all residents with pets to register them, provide proof of vaccinations, and pay a deposit to cover any damages. An applicant with a hearing impairment has an assistance animal to help alert him to sounds, such as ringing doorbells and telephones. You can require him to comply with all your pet rules. True or false?

1. True.

2. False.

EXTRA CREDIT: JUDGE FOR YOURSELF

You are the owner of a community that has a no-pets policy. A resident lived in the community for several years without a problem until he adopted a puppy. He asked you to change your rules against pets, but he did not say he was disabled or claim that the dog was a service animal. Instead, he identified the dog as his close companion and asked for a six-month trial period. Apparently, no action was taken on his request.

About a year later, the resident renewed his request to keep the dog, this time claiming that he was disabled and seeking permission to keep the dog as a service animal. He said that he had a leg injury and that the dog helped him with physical tasks; he also claimed a psychological disability as an effect of a past criminal attack and said the dog helped to alert him to intruders and calmed him. He presented short one-page letters from a psychologist and a chiropractor to attest to his claims.

You asked him for additional information, including documentation on his alleged disabilities and the qualifications of the medical providers. He did not respond, so you asked him again, but this time you denied his request, pending receipt of additional documentation of the nature of his impairment, the manner in which it substantially limited his major life activities, how the requested pet was necessary to afford him an equal opportunity to live there, and if there were other corrective measures that could perform that function.

The resident did not respond, and instead, filed a discrimination complaint with the state fair housing agency, which found in his favor. He then filed a lawsuit in federal court, alleging violations of federal and state fair housing laws.

You ask the court to dismiss the claim. What will the court decide?