Things to Know About Assistance Animals to Avoid Fair Housing Violations

HUD released updated guidance accommodations for animals in housing just before the pandemic began. There are two types of assistance animals: service animals and (other) support animals.

· Service animals include dogs that are specifically trained to perform some task(s) that benefit(s) its disabled owner.

· Support animals include other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide emotional support for their disabled owner.

Steven M. Williams, Esq., Managing Partner of the law firm Cohen Seglias, shares 7 key facts about assistance animal laws:

1. Assistance animals are not pets and cannot be subject to pet rules, deposits, or fees

2. A disabled individual is entitled to an animal for assistance regardless of the breed

3. You can request any information needed from the tenant to verify that…

• The animal is needed due to a disability AND what work or tasks the animal has been trained to perform.

• To evaluate a resident’s request for an assistance animal other than a service animal, you are entitled to documentation to verify only that: the resident is disabled, they need the animal to accommodate the disability, there is a connection between the need for the animal and the disability, and lastly, that there are no other accommodations that will work for the resident.

• You are not entitled to know what the disability is or the resident’s diagnosis, and you may not ask for medical records.

4. If the tenant requesting the accommodation has a disability that is not an obvious ‘reasonable accommodation,’ you may request documentation

5. You cannot deny a tenant’s request just because you want to

6. When denying an accommodation request, there are limits to the ‘direct threat exception’

7. It is against the law to disclose any information about the tenant, their accommodation request, or their disability