# Does my state law override federal fair housing rules if they conflict?

- Jurisdiction: United States
- Practice area: Tenancy Law
- Published: 2026-11-01
- Last updated: 2026-11-01
- Canonical: https://lawasked.com/us/tenancy-law/my-state-law-override-federal-fair-housing-rules

## Question

I live in a small town in Ohio and I am having a major issue with a local ordinance. Back in January 2024, I started looking for a new apartment to rent because my current lease is ending. I found a great place through a local property management company, but when I mentioned I have a service animal, the landlord told me that according to our specific county's local housing rules, they aren't allowed to permit animals in this specific residential zone, regardless of any disability. I checked the county website and it seems like they have a rule that strictly prohibits all pets in this district to maintain 'property standards.' I already called the local housing office to complain, but they just told me to follow the local code or I won't be able to move in. I know there are national rules about not discriminating against people with disabilities or service animals, but I am confused because the local officials are insisting that their specific town law is the one that counts here. If the local government passes a rule that actually makes it harder for me to exercise my rights to fair housing, does their local law actually win, or does the national standard take precedence over their local ordinance?

## Summary

No, the local ordinance does not override your rights under the federal Fair Housing Act. If a local rule requires or allows a discriminatory practice, that local rule is considered invalid to the extent of the conflict.

## Analysis

In your situation, the local county rule prohibiting all animals in your residential zone cannot be used to deny you housing because of your service animal. Under the Fair Housing Act, the national standard takes precedence over local government rules when those rules conflict with federal protections.

The law states that "any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid" [1]. This means that because the local ordinance prevents you from exercising your right to fair housing, that specific part of the local code is legally void [1].

Furthermore, the Fair Housing Act prohibits discrimination based on "handicap" [2]. Discrimination includes a "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling" [2]. A reasonable accommodation is a change in a rule or policy—like a 'no pets' rule—to allow a person with a disability to use a home equally. Since your service animal is necessary due to your disability, the landlord's reliance on the local 'no pets' ordinance to deny you is likely a violation of federal law [2].

While the federal law is clear that local rules cannot override these protections, the specific application to your case depends on whether your animal qualifies as a service animal under federal definitions and whether the landlord's refusal is truly based on the ordinance rather than another factor.

## Statutory citations

- Fair Housing Act, 42 U.S.C. § 3615 - Effect on State laws [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3615)
  > any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid
- Fair Housing Act, 42 U.S.C. § 3604 - Discrimination in the sale or rental of housing and other prohibited practices [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604)
  > discrimination includes... a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling

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