Landlord does not commit disability discrimination when refusing to allow a tenant to keep an aggressive dog

The Fair Housing Act requires landlords to avoid discrimination because of disability and to reasonably accommodate the needs of tenants by changing policies or practices to enable access to housing by persons with disabilities. However, accommodation is not required if it will pose a “direct threat” to the health or safety of others. This means that a landlord with a “no pets” policy must allow a tenant to keep an assistance animal unless doing so would impose an undue financial burden on the landlord or would fundamentally alter the nature of the housing services. In this case, the court found that the tenant was not entitled to a reasonable accommodation when the dog exhibited aggressive tendencies, that some residents stayed inside because they were afraid of the dog, and that the tenant might not be able to control the dog. Gill Terrace Retirement Apts., Inc. v. Johnson,177 A.3d 1087 (Vt. 2017).

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