Extracted text (via pymupdf)
46750 characters
Page 1 of 20
Revised 7/1/20202021
Assistance Animal/Service Animal Policy
[FHEO 2020-01]
The terms of this policy apply to the City of Chandler Housing and Redevelopment Division
(COCHRD) Public Housing Program.
This policy applies to assistance animals that are used to assist, support or provide service to
persons with disabilities. Assistance animals include service animals and support animals that
live in or visit public housing developments.
This policy should be read in conjunction with FHEO 2020-01, “Assessing a Person’s Request to Have
an Animal as a Reasonable Accommodation Under the Fair Housing Act,” the City of Chandler Public
Housing Admissions and Continued Occupancy Policy (ACOP), Section 504 of the ADA.
Notice FHEO 2020-01 replaces Notice FHEO 2013-01.
This guidance is meant to help distinguish between a person with a non-obvious disability who has a
legitimate need for an assistance animal, and a person without a disability who simply wants to have a
pet or avoid the costs and limitations imposed by housing providers’ pet policies, such as pet fees or
deposits.
I.
BACKGROUND
Persons with disabilities may request a reasonable accommodation for service animals and other types
of assistance animals, including support animals, under the Fair Housing Act (FHA).
This procedure is meant to provide guidance with compliance with the FHA when assessing requests for
reasonable accommodations for an assistance animal in housing, including what information the
COCHRD may need to know from a health care professional about an individual’s need. The Assistance
Animal Permit is attached to the end of this procedure.
This procedure is written in accordance with FHEO 202-01. It provides guidance for the review of a
reasonable accommodation request for an assistance animal in Chandler public housing. (Housing
providers may be subject to the requirements of several civil rights laws, including but not limited to the
FHA, Section 504 of the Rehabilitation Act (Section 504), and the Americans with Disabilities Act (ADA).)
II.
Assistance animals
There are two types of assistance animals: (1) service animals, and (2) support animals. These are
assistance animals that do work, perform tasks, provide assistance, and/or provide therapeutic
emotional support for individuals with disabilities (i.e., support animals).
Attachment E
Page 2 of 20
Revised 7/1/20202021
Assistance animals are generally an animal commonly kept in the household.
Assistance animals, including service and support animals, are not pets, and thus, are not subject to the
COCHRD’s pet policies [24 CFR 5.303; 960.705; Notice FHEO 2020-01].
While most requests for reasonable accommodations involve one animal, requests sometimes involve
more than one animal (for example, a person has a disability-related need for both animals, or two
people living together each have a disability-related need for a separate assistance animal).
The decision-making process can be used for all requests for exceptions or modifications to COCHRD’s
rules, policies, practices, and/or procedures so persons with disabilities can have assistance animals
where they reside.
Assessing a Request for an Animal as a Reasonable Accommodation under the FHA
The FHA makes it unlawful for a housing provider to refuse to make a reasonable accommodation that a
person with a disability may need in order to have equal opportunity to enjoy and use a dwelling. One
common request for housing providers is a reasonable accommodation to pet or no-animal policies so
that individuals with disabilities are permitted to use assistance animals in housing including public and
common use areas.
Assistance animals are not pets. They are animals that do work, perform tasks, assist, and/or provide
therapeutic emotional support for individuals with disabilities.
Persons with disabilities may request a reasonable accommodation for service animals and other types
of assistance animals, including support animals, under the FHA.
A resident may request a reasonable accommodation either before or after acquiring the assistance
animal.
An accommodation may also be requested after a housing provider seeks to terminate the resident’s
lease or tenancy because of the animal’s presence, although such timing may create an inference
against good faith on the part of the person seeking a reasonable accommodation.
However, under the FHA, a person with a disability may make a reasonable accommodation request at
any time, and the COCHRD must consider the reasonable accommodation request even if the resident
made the request after bringing the animal into housing.
The request for an assistance animal may be oral or written. It may be made by others on behalf of the
individual, including a person legally residing in the unit with the requesting individual or a legal
guardian or authorized representative.
While it is not necessary to submit a written request or to use the words “reasonable accommodation,”
“assistance animal,” or any other special words to request a reasonable accommodation under the FHA,
persons making a request should be encouraged to do so in order to avoid miscommunication.
The COCHRD will maintain a list of reasonable accommodation requests, to include name, date of
request, date of determination, and the final determination (approved/denied).
** Note: Assistance animals are not interchangeable.
The animal that is approved is the animal that is allowed to live in the assisted unit. If the family
replaces it for a different animal, the approval process must start from the beginning.
Assistance Animal Permit
It is important that the COCHRD is able to physically identify the animal requested to be approved as a
Page 3 of 20
Revised 7/1/20202021
service or support animal. The request MUST include the following:
Type and description of animal;
Evidence that the pet animal has been spayed or neutered, as applicable;
All inoculations and licenses required by or local law; and
One photograph of the assistance animal.
Registration must be renewed annually and will be coordinated with the annual
reexamination date.
Observable and Non-Observable Disabilities
Under the FHA, a disability is a physical or mental impairment that substantially limits one or more
major life activities. While some impairments may seem invisible, others can be readily observed.
Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility
limitations, and other types of impairments with observable symptoms or effects, such as intellectual
impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s
disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that
affect major life activities or bodily functions. Observable impairments generally tend to be obvious and
would not be reasonably attributable to non-medical causes by a lay person.
Non-Observable impairments are those that may not be seen, and therefore, may form the basis for a
request for an emotional support animal.
*** In the instance where the disability is not observable, the COCHRD will request information
regarding both the disability and the disability-related need for the animal. Housing providers are
not entitled to know an individual’s diagnosis.
A. Service Animals
Under the ADA, “service animal” means any dog that is individually trained to do work or perform tasks
for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or
other mental disability.
Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the
purposes of this definition.
The work or tasks performed by a service animal must be directly related to the individual's disability.
Although a miniature horse is not a service animal, DOJ has determined that the same type of analysis is
applied to determine whether a miniature horse should be provided access, although additional
considerations, beyond the scope of this guidance, apply. (See 28 CFR §§ 35.136(i); 36.302(c)(9))
It is important to start with the following questions if the request is for a service animal. You must know
if the animal is a service animal, by definition:
Note:
Has the individual requested a reasonable accommodation — that is, has the tenant asked to get or to
keep an animal in connection with a physical or mental impairment or disability?:
If “yes,” proceed to question #1.
Page 4 of 20
Revised 7/1/20202021
If “no,” the COCHRD will not grant a reasonable accommodation that has not been requested.
(The request for a reasonable accommodation with respect to an assistance animal may be oral or
written. It may be made by others on behalf of the individual, including a person legally residing in the
unit with the requesting individual or a legal guardian or authorized representative.)
1) Is the animal a dog?
If “yes,” proceed to the next question.
If “no,” the animal is not a service animal but may be another type of assistance
animal for which a reasonable accommodation is needed. Proceed to “Support
Animal”, below. (Also see Unique Animals)
2) Is it **readily apparent** that the dog is trained to do work or perform tasks for the
benefit of an individual with a disability?
If “yes,” further inquiries are unnecessary and inappropriate because the animal is a
service animal.
If “no,” proceed to question #3.
** It is “readily apparent” when the dog is observed:
- guiding an individual who is blind or has low vision
- pulling a wheelchair
- providing assistance with stability or balance to an individual with an observable mobility
disability
3) In regards to a Service Animals (not a Support Animal) and in accordance with FHEO 2020-
01, the COCHRD will limit its inquiries to the following two questions:
“Is the animal required because of a disability?” and
“What work or task has the animal been trained to perform?”
In regards to a Service Animal (not a Support Animal), the COCHRD will not ask about the nature
or extent of the person’s disability, and will not ask for documentation. The COCHRD requires the
attestation for truth and accuracy of information be provided during the approval process. The
COCHRD will provide a form for tenant’s signature.
Providing false information for the purpose of keeping a dog in the unit is grounds for termination
of assistance.
a. If the answer to question (a) is “yes” and work or a task is identified in response to
question (b), grant the requested accommodation, if otherwise reasonable, because the
animal qualifies as a service animal.
b. If the answer to either question is “no” or “none,” the animal does not qualify as a
service animal under federal law but may be a support animal or other type of
assistance animal that needs to be accommodated.
Performing “work or tasks” means that the dog is trained to take a specific action when needed to assist
Formatted: Space Before: 12 pt
Page 5 of 20
Revised 7/1/20202021
the person with a disability. If the individual identifies at least one action the dog is trained to take
which is helpful to the disability other than emotional support, the dog should be considered a service
animal and permitted in housing, including public and common use areas.
If the answers to the above questions sufficiently resolve the validity of the request for a Service Animal,
the COCHRD will not make further inquiries for Service Animals.
If no specific work or task is identified, the dog should not be considered a service animal but may be
another type of animal for which a reasonable accommodation may be required.
Emotional support, comfort, well-being, and companionship are not a specific work or task for purposes
of analysis under the ADA.
If the animal does not qualify as a service animal, the COCHRD must next determine whether the animal
would qualify as a support animal (See Support Animals).
A.B.
Support Animals (Assistance Animals other than Service Animals)
Other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide
therapeutic emotional support for individuals with disabilities (referred to in this guidance as a “support
animal”).
For an animal to be eligible for consideration as a support animal, it must be one that is
commonly kept in homes, such as a dog, cat, small bird, rabbit, hamster, gerbil, other rodent,
fish, turtle, or other small, domesticated animal.
FHEO 2020-01 does not consider as common household animals reptiles (other than turtles),
barnyard animals, monkeys, kangaroos, and other non-domesticated animals. Someone may
request a “unique” animal as a support animal but must provide extra documentation as
described in the Notice (See Unique Animals).
III.
Analysis Of Reasonable Accommodation Requests for Assistance Animals Other Than Service
Animals
The COCHRD will ask the following questions to better understand the request and to help make a
decision when the animal does not meet the definition of service animal.
4) Has the individual requested a reasonable accommodation — that is, has the tenant asked
to get or to keep an animal in connection with a physical or mental impairment or
disability?:
If “yes,” proceed to Part IV, “Criteria for Assessing Whether to Grant the Requested
Accommodation”.
If “no,” the COCHRD will not grant a reasonable accommodation that has not been
requested.
Note: The request for a reasonable accommodation with respect to an assistance animal may be
oral or written. It may be made by others on behalf of the individual, including a person legally
residing in the unit with the requesting individual or a legal guardian or authorized representative.
IV.
Criteria for Assessing Whether to Grant the Requested Accommodation
Page 6 of 20
Revised 7/1/20202021
The COCHRD will ask the following questions to better understand the request and to help them
assess whether to grant the requested accommodation.
5) Does the person have an observable disability or does the COCHRD already have
information giving them reason to believe that the person has a disability? (See page 3 for
guidance on observable and non-observable disabilities)
If “yes,” skip to question #7 to determine if there is a connection between the
person’s disability and the animal.
If “no,” continue to question #6.
6) Does the request provide information that reasonably supports that the person seeking
the accommodation has a disability?
The COCHRD requires the attestation for truth and accuracy of information be provided during the
approval process. The COCHRD will provide a form for tenant’s signature.
If “no,” the COCHRD will not grant the accommodation unless this information is
provided.
** If the person requesting the accommodation has not yet submitted required information, the
COCHRD will not deny the request until the deadline for submittal has past.
** To assist the tenant to understand what information is necessary, the COCHRD will provide the
tenant a copy of the “Guidance on Documenting an Individual’s Need for Assistance Animals in
Housing”, FHEO 2020-01. This referral will also help ensure that the correct disability-related
information necessary to make a reasonable accommodation decision is received.
V.
Types of Documentation
Information About A Disability May Include-
A determination of disability from a federal, state, or local government agency.
Receipt of disability benefits or services (Social Security Disability Income (SSDI)), Medicare
or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability
benefits, services from a vocational rehabilitation agency, or disability benefits or services
from another federal, state, or local agency.
• Eligibility for housing assistance or a housing voucher received because of disability.
Information confirming disability from a health care professional – e.g., physician,
optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse.
** Note that a determination that an individual does not qualify as having a disability for purposes of a
benefit or other program does not necessarily mean the individual does not have a disability for
purposes of the FHA, Section 504, or the ADA.
Under DOJ’s regulations implementing the ADA Amendments Act of 2008, which HUD considers
instructive when determining whether a person has a disability under the FHA, some types of
impairments will be, in virtually all cases, found to impose a substantial limitation on a major life
activity resulting in a determination of a disability.
Examples include deafness, blindness, intellectual disabilities, partially or completely missing limbs or
Page 7 of 20
Revised 7/1/20202021
mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes,
epilepsy, muscular dystrophy, multiple sclerosis, Human Immunodeficiency Virus (HIV) infection,
major depressive disorder, bipolar disorder, post-traumatic stress disorder, traumatic brain injury,
obsessive compulsive disorder, and schizophrenia.
This does not mean that other conditions are not disabilities. It simply means that in virtually all cases,
these conditions will be covered as disabilities.
While the COCHRD most likely will be unable to observe or identify some of these impairments,
individuals with disabilities sometimes voluntarily provide more details about their disability than the
COCHRD actually needs to make decisions on accommodation requests. When this information is
provided, the COCHRD will consider it.
Documentation from the Internet
Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone
who answers certain questions or participates in a short interview and pays a fee.
Under the FHA, the COCHRD will request reliable documentation when an individual requesting a
reasonable accommodation has a disability and disability-related need for an accommodation that are
not obvious or otherwise known.
In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably
establish that an individual has a non-observable disability or disability-related need for an assistance
animal.
By contrast, many legitimate, licensed health care professionals deliver services remotely, including over
the internet. One reliable form of documentation is a note from a person’s health care professional that
confirms a person’s disability and/or need for an animal when the COCHRD has personal knowledge of
the individual.
7) Has the person requesting the accommodation provided information which reasonably
supports that the animal does work, performs tasks, provides assistance, and/or provides
therapeutic emotional support with respect to the individual’s disability?
If “yes,” proceed to Part V, “Types of Animals”. The COCHRD requires the attestation
for truth and accuracy of information be provided during the approval process. The
COCHRD will provide a form for tenant’s signature.
If “no,” the COCHRD will not grant the accommodation unless this information is
provided, but will not deny the accommodation on the grounds that the person
requesting the accommodation has not provided this information until the requester
has been provided a reasonable opportunity to do so.
** To assist the tenant to understand what information is necessary, the COCHRD will provide the
tenant a copy of the “Guidance on Documenting an Individual’s Need for Assistance Animals in
Housing”, FHEO 2020-01. This referral will also help ensure that the correct disability-related
information necessary to make a reasonable accommodation decision is received.
Information Confirming Disability-Related Need for an Assistance Animal
• Reasonably supporting information often consists of information from a licensed health care
professional – e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse
practitioner, or nurse – general to the condition but specific as to the individual with a disability and the
Page 8 of 20
Revised 7/1/20202021
assistance or therapeutic emotional support provided by the animal;
• A relationship or connection between the disability and the need for the assistance animal must be
provided. This is particularly the case where the disability is non-observable, and/or the animal provides
therapeutic emotional support;
• For non-observable disabilities and animals that provide therapeutic emotional support, the COCHRD
will ask for information that is consistent with that identified in the “Guidance on Documenting an
Individual’s Need for Assistance Animals in Housing” (*see Questions 6 and 7) in order to conduct an
individualized assessment of whether it must provide the accommodation under the FHA. The lack of
such documentation may be reasonable grounds for denying a requested accommodation.
VI.
Types of Animals
The COCHRD may come across requests for accommodation that involve animals other a service dog, or
common household animals used as assistance animals. In this case, the COCHRD will have to make the
determination whether to approve a unique animal. To do so, the following question must be asked:
8) Is the animal commonly kept in households?
If “yes,” the reasonable accommodation should be provided under the FHA unless the
general exceptions described below exist.
If “no,” a reasonable accommodation need not be provided, but note the very rare
circumstances described below.
Animals commonly kept in households
If the animal is a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other
small, domesticated animal that is traditionally kept in the home for pleasure rather than for
commercial purposes, then the reasonable accommodation should be granted because the
tenant has provided information confirming that there is a disability-related need for the
animal.
For purposes of this assessment, reptiles (other than turtles), barnyard animals, monkeys,
kangaroos, and other non-domesticated animals are not considered common household
animals.
Unique animals
If the individual is requesting to keep a unique type of animal that is not commonly kept in
households as described above, then the requestor has the substantial burden of demonstrating
a disability-related therapeutic need for the specific animal or the specific type of animal.
The individual is encouraged to submit documentation from a health care professional
confirming the need for this animal, which includes information of the type set out in the
Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.
While this guidance does not establish any type of new documentary threshold, the lack of such
documentation in many cases may be reasonable grounds for denying a requested
accommodation.
As the COCHRD enforces a policy prohibiting animals based on weight at adulthood and limiting
all pets to common household animals, the COCHRD will take reasonable steps to enforce the
policy if the requester obtains the animal before submitting reliable documentation from a
health care provider that reasonably supports the disability-related need for the animal.
Page 9 of 20
Revised 7/1/20202021
COCHRD will make a determination within 10 days of the receipt of the request.
Page 10 of 20
Revised 7/1/20202021
Reasonable accommodations may be necessary when the need for a unique animal involves unique
circumstances
Examples:
•
The animal is individually trained to do work or perform tasks that cannot be performed by a
dog.
•
Information from a health care professional confirms that:
Allergies prevent the person from using a dog; or
Without the animal, the symptoms or effects of the person’s disability will be significantly
increased.
The individual seeks to keep the animal outdoors at a house with a fenced yard where
the animal can be appropriately maintained.
Example: A Unique Type of Support Animal
An individually trained capuchin monkey performs tasks for a person with paralysis caused by
a spinal cord injury. The monkey has been trained to retrieve a bottle of water from the
refrigerator, unscrew the cap, insert a straw, and place the bottle in a holder so the individual
can get a drink of water. The monkey is also trained to switch lights on and off and retrieve
requested items from inside cabinets. The individual has a disability-related need for this
specific type of animal because the monkey can use its hands to perform manual tasks that a
service dog cannot perform.
VII.
General Considerations
COCHRD includes the following additional statements and requirements:
COCHRD has the authority to regulate assistance animals under applicable federal, state, and local
law (24 CFR §5.303(b)(3); 24 CFR §960.705(b)(3))
The FHA does not require a dwelling to be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of other individuals or whose tenancy would
result in substantial physical damage to the property of others. A housing provider may,
therefore, refuse a reasonable accommodation for an assistance animal if the specific animal
poses a direct threat that cannot be eliminated or reduced to an acceptable level through
actions the individual takes to maintain or control the animal.
The animal may not be denied access to the ADA-covered facility unless: (1) the animal is out
of control and its handler does not take effective action to control it; (2) the animal is not
housebroken (i.e., trained so that, absent illness or accident, the animal controls its waste
elimination); or (3) the animal poses a direct threat to the health or safety of others that
cannot be eliminated or reduced to an acceptable level by a reasonable modification to other
policies, practices and procedures.
A determination that a service animal poses a direct threat must be based on an
individualized assessment of the specific service animal's actual conduct — not on fears,
stereotypes, or generalizations.
The service animal must be permitted to accompany the individual with a disability to all
areas of the facility where members of the public are normally allowed to go."
***
As COCHRD public housing grounds are all common area grounds, the COCHRD will not approve
Page 11 of 20
Revised 7/1/20202021
an accommodation for an animal that must be kept outdoors in a corral-like or barn-like
structure, or any other structure that would have to be built or allowed to be moved or placed
on the grounds to accommodate the animal. As the summer temperatures are not conducive to
any animal being kept outside, any such request will be rejected due to possible life-threatening
conditions present in a desert environment. In addition, none of the public housing units have
individual fenced yards or any private yard space to accommodate such a request, which would
be considered a fundamental alteration, and will be denied.
Scattered site units have backyards.
COCHRD will not charge a fee for processing a reasonable accommodation request.
COCHRD will not charge a deposit, fee, or surcharge for an assistance animal.
Pet Related Damages During Occupancy: All reasonable expenses incurred by the City’s Housing
Office as a result of damages directly attributable to the presence of the pet in the property will
be the responsibility of the resident, including but not limited to:
The cost of repairs and replacement to the resident’s dwelling unit
Fumigation of the dwelling unit
Repairs to common areas of the property
Elimination of fleas
Pet Waste Removal Charge: A separate pet waste removal charge of $21.00 (a minimum labor
charge) per occurrence will be assessed against the resident/pet owners who fail to remove pet
waste in accordance to this policy.
A person with a disability is responsible for feeding, maintaining, providing veterinary care, and
controlling his or her assistance animal. The individual may do this on his or her own or with the
assistance of family, friends, volunteers, or service providers. COCHRD staff will not be
responsible for caring for or cleaning after the animal inside or outside. (24 CFR 5.303)
Failure to adhere to this guidance does not necessarily constitute a violation by the COCHRD of
the FHA or regulations promulgated thereunder.
Before denying a reasonable accommodation request due to lack of information confirming an
individual’s disability or disability-related need for an animal, the COCHRD will engage in a good-
faith dialogue with the requestor called the “interactive process.”
COCHRD will not insist on specific types of evidence if the information provided or is actually
known to COCHRD meets the requirements of this guidance (except as provided above).
Disclosure of details about the diagnosis or severity of a disability or medical records or a
medical examination cannot be required.
If a reasonable accommodation request, provided under the framework of this guidance, is
denied because it would impose a fundamental alteration to the nature of the COCHRD’s
operations or impose an undue financial and administrative burden, the COCHRD will engage in
the interactive process to discuss whether an alternative accommodation may be effective in
meeting the individual’s disability-related needs.
An approved assistance animal will not be approved for an additional bedroom.
Tenant Responsibilities
Understand that the assistance animal/service dog is not a pet.
Formatted: Space Before: 0 pt
Page 12 of 20
Revised 7/1/20202021
All permitted assistance animal/service dog shall remain inside the resident's unit,
unless accompanying the resident.
Residents shall not permit their assistance animal to disturb, interfere or diminish the
peaceful enjoyment of neighbors.
Complaints of disturbances or reactions of this nature shall constitute a violation of
the lease and may result in the revocation of the assistance animal/service dog permit,
termination of the lease agreement, or both.
In addition, the assistance animal/service dog permit may be revoked if:
There is reliable objective evidence that the animal poses a direct threat to the
health or safety of others that cannot be reduced or eliminated by a reasonable
accommodation.
There is reliable objective evidence that the animal would cause substantial
physical damage to the property of others,
The presence of the assistance animal/service dog would pose an undue financial
and administrative burden to the owner, or
The presence of the assistance animal/service dog would fundamentally alter the
nature of the COCHRD services.
Residents are solely responsible for cleaning up permitted assistance animal/service
dog droppings inside the unit. All droppings will be cleaned up immediately.
Droppings must be disposed of by being placed in a suitable covered trash container.
Residents shall take adequate precautions and measures necessary to eliminate
assistance animal/service dog odors within or around the unit and shall maintain the
unit in a sanitary condition at all times.
If the assistance animal/service dog is left unattended for a period of twenty-four (24)
hours or more, the COCHRD may authorize entrance to the dwelling unit, removal of
the assistance animal and transfer of the assistance animal by proper authorities,
subject to provision of Arizona law and local ordinances. The COCHRD accepts no
responsibility for the animal under such circumstances.
Residents shall not alter their unit or unit area in order to create an enclosure for any
assistance animal/service dog.
Residents are responsible for all damages caused by their assistance animals/service
dog, including and not limited to the cost of cleaning of carpets and draperies and/or
fumigation of units.
Resident assistance animal/service dog owners are responsible for the safety and
health of their assistance animal, and to secure the animal during those scheduled
occasions when the dwelling unit is being treated for control of pests.
In the event of the death of an assistance animal/service dog, the resident shall
properly and immediately remove and dispose of the remains. The remains shall not
be placed in any container on the grounds of a COCHRD property or in a container on
Page 13 of 20
Revised 7/1/20202021
COCHRD grounds. The resident will notify the COCHD within 10 days of the change.
Residents must identify an alternate custodian for the assistance animal in the event
of resident illness or absence from the dwelling unit. This identification of an
alternate custodian must occur prior to the COCHRD issuing an assistance animal
registration permit.
Residents will be responsible for compliance for all visiting assistance animals/service
dogs to the property.
While an assistance animal is not subject to the COCHRD Pet Policy, the tenant
remains responsible for compliance with all other public housing rules and
regulations, and federal and local policy. The right to have an assistance animal on
COCHRD grounds can be revoked at any time, subject to complaints, maintenance
orders, damages, or if the animal becomes destructive, a nuisance, a threat to the
safety, health, quiet enjoyment and security of other residents, or creates a problem
in the area of cleanliness and sanitation. If the COCHRD determines, on the basis of
objective facts, supported by written statements, that the owner has violated a rule
governing the owning or keeping of an assistance animal on public housing property,
the COCHRD may serve a written notice of the violation on the owner in accordance
with this policy. The notice can be for removal of the animal or termination of
assistance for failure to comply.
The COCHRD shall notify the tenant if the COCHRD refuses to register an assistance
animal. The notice shall state the basis for COCHRD's action and shall be served on
the tenant.
Prior to housing any assistance animal or service dog in a public housing unit, the resident
shall apply to the COCHRD for an assistance animal or service dog permit which shall be
2. Beginning the Evaluation Process
To avoid possible ADA violations, COCHRD will apply the ADA service animal test first.
This is because the COCHRD may ask only whether the animal is a service animal that
is required because of a disability, and if so, what work or tasks the animal has been
trained to perform. If the animal meets the test for "service animal," the animal must
be permitted to accompany the individual with a disability to all areas of the facility
where persons are normally allowed to go, unless (1) the animal is out of control and
its handler does not take effective action to control it; (2) the animal is not
housebroken (i.e., trained so that, absent illness or accident, the animal controls its
waste elimination); or (3) the animal poses a direct threat to the health or safety of
others that cannot be eliminated or reduced to an acceptable level by a reasonable
modification to other policies, practices and procedures.°
If the animal does not meet the ADA service animal test, then the COCHRD must
evaluate the request for an assistance animal.
3. Evaluation of the Request for a Service Dog (HUD FHEO 2013-01)
Page 14 of 20
Revised 7/1/20202021
To determine if an animal is a service animal, COCHRD shall not ask about the nature
or extent of a person's disability, but may make two inquiries to determine whether an
animal qualifies as a service animal. The COCHRD may ask:
a. Is this a service animal that is required because of a disability? and
b. What work or tasks has the animal been trained to perform?
COCHRD will not ask the above listed two questions when it is readily apparent that
the animal is trained to do work or perform tasks for an individual with a disability
(e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a
person's wheelchair, or providing assistance with stability or balance to an individual
with an observable mobility disability).
4. Evaluation of the Request for an Assistance Animal (HUD FHEO 2013-01)
While dogs are the most common type of assistance animal, other animals can
also be assistance animals. COCHRD will evaluate a request for a reasonable
accommodation to possess an assistance animal in a dwelling, using the
general principles applicable to all reasonable accommodation requests. After
receiving such a request, the COCHRD must consider the following:
i. Does the person seeking to use and live with the animal have a disability
— i.e., a physical or mental impairment that substantially limits one or
more major life activities?
ii. Does the person making the request have a disability-related need for
an assistance animal? In other words, does the animal work, provide
assistance, perform tasks or services for the benefit of a person with a
disability, or provide emotional support that alleviates one or more of
the identified symptoms or effects of a person's existing disability?
If the answer to either 1 or 2 is no, the request may be denied.
5. All residents permitted to keep an assistance animal or service dog under this policy
shall comply with the following rules:
Understand that the assistance animal/service dog is not a pet.
All permitted assistance animal/service dog shall remain inside the resident's
unit, unless accompanying the resident.
Residents shall not permit their assistance animal to disturb, interfere or
diminish the peaceful enjoyment of neighbors.
i. Complaints of disturbances or reactions of this nature shall constitute a
Page 15 of 20
Revised 7/1/20202021
violation of the lease and may result in the revocation of the assistance
animal/service dog permit, termination of the lease agreement, or both.
ii. In addition, the assistance animal/service dog permit may be revoked if:
1. There is reliable objective evidence that the animal poses a direct
threat to the health or safety of others that cannot be reduced or
eliminated by a reasonable accommodation.
2. There is reliable objective evidence that the animal would cause
substantial physical damage to the property of others,
3. The presence of the assistance animal/service dog would pose
an undue financial and administrative burden to the pet owner,
or
4. The presence of the assistance animal/service dog would
fundamentally alter the nature of the COCHRD services.
Residents are solely responsible for cleaning up permitted assistance
animal/service dog droppings inside the unit. All droppings will be cleaned up
immediately. Droppings must be disposed of by being placed in a suitable
covered trash container.
Residents shall take adequate precautions and measures necessary to
eliminate assistance animal/service dog odors within or around the unit and
shall maintain the unit in a sanitary condition at all times.
If the assistance animal/service dog is left unattended for a period of twenty-
four (24) hours or more, the COCHRD may authorize entrance to the dwelling
unit, removal of the assistance animal and transfer of the assistance animal by
proper authorities, subject to provision of Arizona law and local ordinances.
The COCHRD accepts no responsibility for the animal under such
circumstances.
Residents shall not alter their unit or unit area in order to create an enclosure
for any assistance animal/service dog.
Residents are responsible for all damages caused by their assistance
animals/service dog, including and not limited to the cost of cleaning of carpets
and draperies and/or fumigation of units.
Resident assistance animal/service dog owners are responsible for the safety
and health of their assistance animal, and to secure the animal during those
scheduled occasions when the dwelling unit is being treated for control of
pests.
In the event of the death of an assistance animal/service dog, the resident shall
properly and immediately remove and dispose of the remains. The remains
shall not be placed in any container on the grounds of a COCHRD property or in
a container on COCHRD grounds. The resident will notify the COCHD within 10
days of the change.
Page 16 of 20
Revised 7/1/20202021
Residents must identify an alternate custodian for the assistance animal in the
event of resident illness or absence from the dwelling unit. This identification
of an alternate custodian must occur prior to the COCHRD issuing an assistance
animal registration permit.
Residents will be responsible for compliance for all visiting assistance
animals/service dogs to the property.
6. Denial of Reasonable Accommodation (HUD FHEO 2013-01)
The COCHRD may deny a reasonable accommodation for an assistance
animal/service dog if the presence of the animal would:
i. Pose a direct threat to the health or safety of others;
ii. Result in substantial physical damage to the dwelling unit or property of
others unless the threat can be eliminated or significantly reduced by
reasonable accommodation;
iii. Pose an undue financial and administrative burden; or
iv. Fundamentally alter the nature of the City’s operation.
The COCHRD may not deny a reasonable accommodation request because he
or she is uncertain whether or not the person seeking the accommodation has
a disability or a disability-related need for an assistance animal/service dog.
The COCHRD may ask individuals who have disabilities that are not readily
apparent or known, to submit reliable documentation of a disability and their
disability-related need for an assistance animal.
If the disability is readily apparent or known but the disability-related need for
the assistance animal is not, the COCHRD may ask the individual to provide
documentation of the disability-related need for an assistance animal.
For example, the COCHRD may ask persons who are seeking a reasonable
accommodation for an assistance animal that provides emotional support to
provide documentation from a physician, psychiatrist, social worker, or other
mental health professional that the animal provides emotional support meant
to alleviate one or more of the identified symptoms or effects of an existing
disability.
Such documentation is sufficient if it establishes that an individual has a
disability and that the animal in question will provide some type of disability-
related assistance or emotional support.
The privilege of maintaining an assistance animal in a unit owned and/or operated by
the COCHRD are subject to the rules set forth in paragraph ,C above. This privilege may
be revoked at any time, subject to the COCHRD grievance procedures, if the animal
Page 17 of 20
Revised 7/1/20202021
should become destructive, create a nuisance, represent a threat to the safety, health,
quiet, enjoyment, and security of other residents, or create a problem in the area of
cleanliness and sanitation. If the COCHRD determines, on the basis of objective facts,
supported by written statements that the owner has violated a rule governing the
owning or keeping of an assistance animal, the COCHRD may serve a written notice of
the violation on the owner in accordance with this policy.
The COCHRD shall notify the owner if the COCHRD refuses to register an assistance
animal. The notice shall the basis for COCHRD's action and shall be served on the
owner as required in Paragraph C of this regulation.
Page 18 of 20
Revised 7/1/20202021
Assistance Animal/Service Dog Policy Certification
I have an assistance animal/service dog and I have received, read and understand the above
policy provisions regarding the keeping of assistance animals and agree to abide by those
provisions.
Please Print:
Name:
Address:
Phone #:
]
My signature below indicates that all information I have provided regarding an assistance
animal is true and correct. I understand that submitting false or fraudulent information is
cause for termination of my assistance.
Head of Household Signature
Date
Housing Administrative Supervisor
Date
Page 19 of 20
Revised 7/1/20202021
Assistance Animal/Service Dog Permit
Please Print:
Name:
Phone #
Address:
Application for written permission to keep the following type assistance animal/service dog in a
dwelling unit operated under the City of Chandler Housing and Redevelopment Public Housing
program is hereby made:
Type and Description of Animal
I have attached the following:
Certificate signed by a licensed veterinarian or /local authority that the petanimal has
received all inoculations required by or local law,
Verification that the dog or cat has been spayed or neutered,
Verification that the pet owner has the licenses required by the or local law,
A photograph of the animalpet , to include the face and body of the animal
Age, weight of the animal for identification purposes.
Designated alternate assistance animal custodian is:
Name
Phone
Name
Phone
I have received, read, and fully understand the rules and regulations regarding the privilege of
keeping an assistance animal/service dog while I reside in the City of Chandler Public Housing,
and I agree to abide by those rules and regulations. I understand that if I fail to comply with the
rules and regulations, the City has the right to deny my assistance animal or terminate my
assistance.
My signature below indicates that all information I have provided regarding an assistance animal
is true and correct. I understand that submitting false or fraudulent information is cause for
termination of my assistance.
Page 20 of 20
Revised 7/1/20202021
Head of Household Signature
Date
Housing Administrative Supervisor Signature
Date