In Minnesota, there are laws that ensure access to public housing for disabled people who use service dogs. Under these statutes and the provisions of the Fair Housing Act, a federal bill that outlawed discriminatory practices in housing, it is illegal to refuse to rent or lease a dwelling to someone with a disability because of the presence of a service animal.
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Laws Governing Accessibility
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Two laws in the Minnesota statutes specifically address access to housing for people who use service dogs. Both laws are adapted from the Fair Housing Act, which is a set of housing discrimination laws enacted by the Federal government in 1968. Section 363A.09 of the Minnesota code, which deals with housing discrimination, prohibits someone from denying fair and equal access to a disabled person who uses a service dog under subdivision 5. The disabled person is responsible for any damage the animal causes to the housing, but is not required to pay an extra deposit for having the animal. Section 363A.19 covers entry for service dogs to public areas. A manager, owner or operator of a hotel or other public accommodation cannot deny a disabled person access because of the animal, and no additional fees can be charged because of the dog.
Recognized Service Dogs
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The service-dog access-to-housing laws are only applicable if the dog is considered a service animal under Minnesota laws. In order to be considered a service animal, the dog must assist a person with a disability that is recognized by the state and be trained individually to perform routine tasks for that person. The dog has to receive training from a legitimate service training program, but the law does not specifically explain what is considered an acceptable program.
Pet-Prohibitive Apartment Complexes
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Under Minnesota laws, service dogs are not pets. Even if an apartment building has a no-pets-allowed policy, the Fair Housing Act statutes call for reasonable accommodations to be made when necessary for the disabled person to have complete use of the residence. In these cases, no pet policies are not enforceable when the tenant is a disabled person with a service dog. Denying a disabled person an apartment due to a service dog can result in various civil penalties and a misdemeanor charge.
Supervision and Care
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Landlords and hotel managers or owners are not responsible for the care or supervision of service dogs. The trainer or disabled owner must have the dog under control at all times. In public accommodations, the dog must be properly leashed or wearing a harness and be monitored by the person using the animal. Any damage the animal does to the property is the responsibility of the owner or trainer.
Exemptions
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The legislation for accessibility with service dogs does not apply to owners who rent a room in a one-family house. Under the Fair Housing Act, if the dog is determined to be a definite threat to the health or safety of other people in the residence, the law is not applicable, but the threat must be legally established if used as the basis for denying a disabled person access. For public accommodations like hotels, the dog may be prohibited from entering if the dog's presence would have a significant impact on normal activities.
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