Housing providers have rights and responsibilities when tenants request ESA accommodations. A review of HUD guidelines and fair housing obligations.
Housing providers have clear rights and responsibilities under the Fair Housing Act when handling ESA accommodation requests. Understanding HUD's 2020 Assistance Animals Notice is essential for compliant and fair practices.
HUD's 2020 Guidance
In January 2020, HUD issued Notice FHEO-2020-01 providing guidance on requests for reasonable accommodations related to assistance animals. The notice clarifies when housing providers may request supporting documentation, what that documentation may include, and how providers should evaluate requests.
When Can Documentation be Requested?
Housing providers may request documentation when a disability is not obvious or not known to them, and when the disability-related need for the animal is not obvious. They may not request documentation if the disability and the need for the animal are readily apparent.
What Documentation is Acceptable?
According to HUD guidance, acceptable documentation may include information from a licensed health care professional with knowledge of the person's disability. This includes licensed clinical social workers, licensed counselors, psychologists, psychiatrists, and other licensed health care providers. The documentation should confirm the disability and the disability-related need for the animal.
What Housing Providers May Not Do
Housing providers may not require specific forms of documentation, require access to medical records, or condition accommodation on providing extensive medical records or a specific type of letter. They may not impose pet fees or deposits on an ESA, and they may not ask about the nature or extent of a person's disability.
Evaluating Requests for Unique Animals
For ESAs that are not common household animals (dogs, cats, small birds, rabbits, hamsters, etc.), HUD guidance allows housing providers to consider whether the animal poses a direct threat to the health or safety of others, poses a direct physical danger, or would cause substantial property damage. This is an individualized assessment.
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