Military Housing and the ADA – Can I have my support animals?

by Kelsey Ramirez

Under the Americans with Disabilities Act (ADA) and other related legislation like the Fair Housing Act (FHA) and the Rehabilitation Act, military housing is required to make reasonable accommodations for individuals with disabilities, including allowing service animals and emotional support animals (ESAs) in most cases.

Service Animals

ADA Compliance: The ADA defines service animals as dogs (and sometimes miniature horses) trained to perform tasks directly related to a person’s disability.
Military Housing: Service animals are allowed in all types of housing, including privatized military housing, without restrictions on breed or size. You will not need to pay any pet deposit or fee for service animals; however, they can charge for any damages a dog causes.

Emotional Support Animals (ESAs)

Fair Housing Act (FHA): ESAs, while not covered under the ADA like services animals, are protected under the FHA. This law applies to most housing providers, including privatized military housing.
Military Housing: ESAs must be permitted as a reasonable accommodation, but you may need to provide documentation (from a medical professional) showing that the animal is necessary for your well-being.
Registration: There is no legal registration required for ESAs

Per the Department of Housing and Urban Development – The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:

- A request was made to the housing provider by or for a person with a disability
- The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and
- The housing provider has not demonstrated that:
  - Granting the request would impose an undue financial and administrative burden on the housing provider
  - The request would fundamentally alter the essential nature of the housing provider’s operations
  - The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
  - The request would result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.

How to Request an Accommodation

Documentation: You’ll likely need to submit a request in writing and include documentation from a healthcare provider, especially for ESAs. For service animals, a letter explaining the need might suffice.
No Pet Fees: Service animals and ESAs are not considered pets, so housing providers can’t charge pet fees or deposits for them.

Limits

Dangerous Breeds: Even though breed restrictions on dogs are common in military housing, service animals and ESAs are generally exempt from these restrictions unless the animal poses a direct threat to the health or safety of others.
Reasonable Accommodation: While most requests for service animals or support animals are granted, housing authorities can deny requests if the accommodation would cause an undue financial or administrative burden.

If you encounter resistance or a denial, it might help to reference your rights under the ADA or FHA directly and consult the housing office or legal assistance.