As of January 2020, one of the most common Fair Housing Act (FHA) complaints involved the denial of requests to accommodate the use of assistance animals. Requests for assistance animals have greatly increased in recent years. This has made it tricky for landlords and tenants to navigate “reasonable accommodations” for having an animal in a building that either forbids them or charges extra fees for them. The surge of complaints moved the Department of Housing and Urban Development (HUD) to create more specific guidelines for housing providers on assessing tenant requests for such animals.* Here are the highlights.
Two Categories of Assistance
An assistance animal is defined under two categories: service animals and other animals who perform tasks or therapeutic functions for people with a range of disabilities. These animals are not considered pets. Unfortunately, there are problems on both landlord and tenant sides regarding legitimate qualification. Sometimes people with pets want to avoid fees and claim a disability when there is none. Other times, landlords refuse an accommodation when the tenant has a disability that is not obvious.
Service Animal
Under the ADA (Americans with Disabilities Act), a service animal is a dog that is individually trained to do work or perform specific tasks for a person with a physical, sensory, psychiatric, intellectual, or other mental disability. Housing providers are recommended to limit their inquiries to (1) “Is the animal required because of a disability?” and (2) “What work or task has the animal been trained to perform?” The housing provider should not delve into the specifics of the disability or require documentation of any diagnosis. They can, however, include the answers to these questions as part of a lease or housing agreement.
A dog cannot be considered a service animal if no specific work or task is identified, but might still be another type of assistance animal. The ADA does not consider emotional support, comfort, and companionship as a specific work or task.
Assistance Animal
These are animals such as a dog, cat, or other companion animal that doesn’t necessarily perform a task but provide necessary emotional or physical benefits. Examples are:
∙ A dog who alleviates depression and anxiety
∙ A cat who can detect the onset of seizure and alert the owner
∙ A bird who can alert a person who is hard-of-hearing that someone is at the door
A letter from a medical doctor or therapist is recommended to classify the animal as an assistance animal. Certain impairments, especially ones that require emotional support, are not obvious and might not be observable by a landlord. In these instances, the housing provider may request more information regarding the disability or need for the animal, but they are not entitled to a specific diagnosis.
General Guidelines
∙ No accommodations need to be made if a person and their animal’s tenancy poses a threat to the health and safety of others, or if damage to the property of others can’t be reduced or eliminated.
∙ Reasonable accommodation for assistance animals applies to domesticated animals normally found in households (dogs, cats, rabbits, hamsters), not unique or exotic ones. An exception might be a capuchin monkey who is trained to retrieve water, unscrew a cap, and put a straw inside for a person with a physical disability. Obviously these are things a dog cannot do. The housing would have to be a type where this kind of animal could be properly maintained.
∙ A housing provider cannot charge any “pet fees or surcharges” for assistance animals, although they may charge for damage to property caused by an animal.
∙ Pet rules do not apply to service and support animals, such as limits to size and breed. However, a landlord may make limitations based on animal behavior that is threatening to others.
For more information regarding HUD’s guidelines on service and assistance animals, go to hud.gov.
*These guidelines only apply to types of residences that must adhere to the FHA.