Housing providers must carefully manage Emotional Support Animal (ESA) reasonable accommodation requests to stay compliant with the Fair Housing Act.
What Is an ESA Accommodation Request?
An Emotional Support Animal (ESA) accommodation request allows a tenant with a disability to live with their support animal. This applies even if the property usually restricts pets. According to HUD guidance, ESAs are not considered pets under the Fair Housing Act. Instead, they are necessary supports for individuals managing mental health or emotional disabilities. Thus, requests for ESAs are treated as requests for reasonable accommodation under the law.
Prompt Response Is Key to ESA Accommodation Requests
Housing providers must acknowledge and evaluate ESA accommodation requests in good faith. Moreover, responses must be prompt. HUD strongly encourages housing providers to respond within 10 days of receiving the request. Delays can result in legal challenges or Fair Housing complaints.
When reviewing an ESA request:
- Confirm that the tenant has a disability.
- Confirm the need for the specific animal as part of treatment or support.
The documentation does not need to reveal a detailed diagnosis. Instead, it must simply confirm that the animal alleviates symptoms or effects of a disability.
What Happens When Tenants Have Multiple Animals?
Sometimes, tenants may request accommodations for more than one animal. In these cases, each ESA request must be considered separately.
Each animal must:
- Provide necessary support related to the tenant’s disability.
- Not create a direct threat to property or others.
- Not cause substantial physical damage.
You cannot group all the animals together or make a blanket denial. Instead, each animal must pass the same reasonable accommodation review. Owners should document every step of the evaluation process. This protects the property and demonstrates compliance in the event a complaint is filed.
Avoid These Common Mistakes with ESA Accommodation Requests
Many housing providers accidentally violate Fair Housing rules by:
- Ignoring the ESA request.
- Delaying a timely response.
- Retaliating against tenants who file a request.
- Issuing eviction notices before completing the accommodation review.
For example, evicting a tenant simply because they disclosed an ESA, without evaluating the request first, could lead to a discrimination claim.
In short, careful and documented handling of ESA accommodation requests is essential. If you are unsure how to proceed, seek legal guidance or consult HUD’s ESA resources.
Visit Navigate’s Resource Center for more compliance tips.
