# Discussion: Military Housing and Service Dogs



## ILGHAUS (Nov 25, 2002)

I am starting this thread off with some current background on U.S. Military Housing. 

*Military Housing Privatization Initiative (MHPI), is a partnership program between the Department of Defense (DoD) and owner/managers of rental housing*

Quote: _When living in privatized housing, military members continue to receive basic allowance for housing. The manager or owner of the privatized housing functions like a rental property manager in the civilian community. Service members sign a lease for privatized housing and pay the rent directly to the owner. In most new privatized housing communities, service members are responsible for their utilities. Rental rates are based on the BAH rate in the local community, less an amount that is intended to offset utility costs.

Since the MHPI is a partnership program, the DoD requires the owners or managers to meet certain requirements for maintaining the properties and providing support services to their military tenants._

Military Housing Privatization Initiative


*Must allow an exception for service animals in no-pet housing.*

Quote: _In some cases an accommodation may be needed - a change in rules, policies, practices or services, such as making an exception to a no-pet policy to allow service animals or creating handicapped parking spaces._

Understanding Accessible Housing


*Some housing is still DoD owned.*

Quote: _Government-owned housing - Not all government housing is being privatized. In some areas, such as overseas, government housing is the only answer. Government housing is owned and maintained by the DoD. While you will not pay rent or utilities in government-owned housing, you will not receive a BAH._

Housing Options for Military Members and Their Families


Underlining was done by me to highlight a point.


----------



## ILGHAUS (Nov 25, 2002)

I have had 3 people with knowledge on the topic of housing, and 2 of those are very knowledgeable on SDs on military housing around the world, concur on the following:

The base commander has full authority over housing on and off base housing (the housing in partnership with the Dod). 
Pet owners and SD owners must register with base vet/provide vaccine records. 
Each base [under the authority of the BC] may vary in its open door policy to all visitors, including those with SDs.


----------



## Deb (Nov 20, 2010)

http://warriorcare.dodlive.mil/file...f-Service-Dogs-by-Service-Members_1300.27.pdf


----------



## Deb (Nov 20, 2010)

Sorry, it shortened the name of the link. The link is the 
Guidance on the Use of Service Dogs by Service Members


----------



## ILGHAUS (Nov 25, 2002)

Housing under the Department of Housing and Urban Development (HUD) has a different definition of service animals than that of the Department of Justice. 

While the DOJ only considers dogs that are *trained* to mitigate (tasks and work) for their disabled handler to fit in their regulations, HUD uses a broader range of animals (including other domestic animals) to fit into theirs. 

Another important point that may cause confusion is that while the DIJ only allows two questions to be asked in Public Access issues, HUD allows a landlord to go into more depth when reviewing a Request fo Reasonable Accommodation. If a person's disability is not readily apparent a landlord may request a letter or form signed by the medical provider who is treating the owner in which it is stated that the dog (or other animal) is providing some type of service for the owner's disability. 

Also, the DOJ (Articles II and III) require that the dog is trained to mitigate the handler's disability while HUD's position is "that animals necessary as a reasonable accommodation do not necessarily need to have specialized training. Some animals perform tasks that require training, and other provide assistance that does not require training."

---------------------------------------------------

Where HUD controls a particular house, apartment building or other dwelling their authority is only within the bounds of their properties. Once a handler goes elsewhere, other Departments of the U.S. government are the agency that take over the authority in which the animal must meet certain requirements. What is considered a service animal in HUD housing may not meet the regulatory definition of a service animal in other areas ie the Department of Justice requires a dog that is trained to mitigate the handler's disability. The Department of Defense have their own regulatory laws.


----------



## ILGHAUS (Nov 25, 2002)

And Deb added information on an important document via a link


Quote: 
b. The Military Departments retain authority over installation access, control, and domiciling
for all animals other than service dogs, including pets, therapy animals, and service dogs in
training.

c. Use of animal-assisted therapy and animal-assisted activities will be in accordance with
policies of the Military Departments and are not covered by this instruction.

d. Military working dogs adopted by Service members in accordance with section 2583 of
Title 10, United States Code (Reference (d)) and any dogs not obtained from an accredited
service dog organization approved by the U.S. Department of Veterans Affairs do not meet the
qualifications for service dogs as defined by References (b) and (c). 

_Department of Defense
INSTRUCTION
SUBJECT: Guidance on the Use of Service Dogs by Service Members 
NUMBER 1300.27
January 7, 2016 
Brad R. Carson
Acting Under Secretary of Defense for
Personnel and Readiness _

DoD Issuances Website: The Official DoD Website for DoD Issuances


----------



## Deb (Nov 20, 2010)

I've been trying to find if a service dog is counted as a pet in the count by the housing code which only allows two pets, 2 dogs, 2 cats, or one of each, but haven't been able to find anything. I may be able to find out something in training class on Friday.


----------



## ILGHAUS (Nov 25, 2002)

Deb said:


> I've been trying to find if a service dog is counted as a pet in the count by the housing code which only allows two pets, 2 dogs, 2 cats, or one of each, but haven't been able to find anything. I may be able to find out something in training class on Friday.


Service Dogs are not counted as pets in most types of rentals. Under HUD, if you have two pet cats or two pet dogs or one of each then you still only have two pets plus your household human members plus a Service Dog living on that particular rental property. BUT, you must notify your landlord that your one dog is a Service Dog and submit a Request for Reasonable Accommodation. It would be just as if you were moving into no-pet housing. This dog is then not a pet but legally medical equipment. 

Before submitting any type of documentation you need to find out what type of housing your rental is under. From there you can determine what laws are in place and how to proceed. Most rental housing, but not all, is under HUD.

Since you are asking this question under a discussion on military housing you would need to know what the regulations are in place at that particular installation. Someone in their housing office would be able to help you with this.


----------

