Logo

Fair Housing: Emotional Support Animals


The U.S. Department of Housing and Urban Development (HUD) today announced the publication of guidance clarifying how housing providers can comply with the Fair Housing Act when assessing a person’s request to have an animal in housing to provide assistance because of a disability.


The Fair Housing Act prohibits discrimination in housing against individuals who have disabilities that affect a major life activity. The Act requires housing providers to permit a change or exception to a rule, policy, practice, or service that may be necessary to provide people with disabilities that affect a major life activity an equal opportunity to use and enjoy their home. In most circumstances, a refusal to make such a change or exception, known as a reasonable accommodation, is unlawful. A common reasonable accommodation is an exception to a no pet policy. A person with a disability that affects a major life activity may require the assistance of an animal that does work, performs tasks, or provides therapeutic emotional support because of the disability. Housing providers may confirm, if it is not apparent, whether the requested accommodation is needed because of a disability that affects a major life activity and is a reasonable request.


This new Assistance Animal Notice will help housing providers in this process by offering a step-by-step set of best practices for complying with the Act when assessing accommodation requests involving animals and information that a person may need to provide about his or her disability-related need for the requested accommodation, including supporting information from a health care professional. Read the Notice.


“Countless Americans rely on assistance animals to fill a void, providing individuals with disabilities with the means to have a home that supports their quality of life,” stated Secretary Ben Carson. “In my many discussions with housing providers and residents impacted by the need for assistance, I recognized the necessity for further clarity regarding support animals to provide peace of mind to individuals with disabilities while also taking in account the concerns of housing providers. Today’s announcement responds to the ambiguity surrounding proper documentation for assistance animals with clarity and compassion to provide an equal opportunity for a person living with a disability to use and enjoy their home.”


“For decades, HUD has recognized the rights of individuals with disabilities to keep an assistance animal in the home where it is a reasonable accommodation,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “Housing is unique, and a person with a disability that affects a major life activity might need an animal that provides support in ways that is not readily apparent to housing providers. For example, veterans or senior citizens may need the assistance or therapeutic support of an animal to help them cope with the symptoms of a disability that affects a major life activity. This guidance will help housing providers to recognize the important way assistance animals can improve the lives of persons with disabilities and to meet their obligation to grant such accommodations.”


HUD General Counsel Paul Compton added, “With the Assistance Animals Notice, both housing providers and individuals with disabilities will better understand their rights and obligations under the Fair Housing Act regarding assistance animals, particularly emotional support animals. For housing providers, this is a tool that can be used to help them lawfully navigate various sets of sometimes complex circumstances to ensure that reasonable accommodations are provided where required so that persons with a disability-related need for an assistance animal have an equal opportunity to use and enjoy their housing. The guidance will help ensure that these important legal rights are asserted only in appropriate circumstances.”

Additionally, this new Assistance Animal Notice provides information on the types of animals that typically may be appropriate and best practices for when the requested animal is one that is not traditionally kept in the home. It also provides information for both housing providers and persons with disabilities regarding the reliability of documentation of a disability or disability-related need for an animal that is obtained from third parties, including internet-based services offering animal certifications or registrations for purchase.


Because they apply to more types of facilities than housing, the laws applicable to public accommodations and government funded facilities, including Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, while sometimes overlapping with the Fair Housing Act, have different, and sometimes narrower, requirements. Similarly, public transportation and common carriers, such as airlines, are also subject to different rules. The Assistance Animal Notice does not address those circumstances.


Persons who believe they have experienced housing discrimination may file a complaint of discrimination by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 or visiting How to File a Complaint on HUD’s website.


###

HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and https://espanol.hud.gov.

You can also connect with HUD on social media and follow Secretary Carson on Twitter and Facebook or sign up for news alerts on HUD's Email List.


Disclaimer: Nothing contained on this website constitutes tax, legal, insurance or investment advice, nor does it constitute a solicitation or an offer to buy or sell any security or other financial instrument. AAOA recommends you consult with a financial advisor, tax specialist, attorney or other specialist who is able to properly advise you.

Governor DeSantis Signs Legislation to End the Squatters Scam in Florida

By Paul Howard • 02 Apr, 2024
Governor Ron DeSantis signed HB 621, which protects property rights, provides homeowners remedies against squatting, and increases penalties on squatters.

The Big Four

By Paul Howard • 07 Mar, 2024
Tenants who have a bad rental history or a criminal history need a place to live just like everyone else. These characters know they can’t rent from large, well managed apartment communities because they check references. So, who are they looking for? They are looking for a nice, private landlord who thinks he’s is a good judge of character.

Changes to Florida Landlord/Tenant Law - Lease Termination

By Paul Howard • 04 Mar, 2024
The Florida legislature has proposed a number of changes to Florida Landlord/Tenant law. One of them (83.455) is a landlord must provide the tenant 60 notice of termination plus a written explanation for the decision. Another (83.56) is a landlord must have “good cause” to terminate a rental agreement.

Rampant, Increasing Fraud Impacting Rental 7MNHC - Housing Costs

By Paul Howard • 26 Feb, 2024
Rampant, Increasing Fraud Impacting Rental Housing Costs Curtesy National Multifamily Housing Council - Throughout the country, incidences of rental application, financial and identity fraud are on the rise and fueled by social media. Results from a groundbreaking new survey of rental housing providers have revealed staggering increases of fraud, contributing to both the growth in rents and number of evictions. A vast majority of respondents (70.7%) reported experiencing an increase in fraudulent applications and payments, utilizing fraudulent documentation, financial statements and even identities in the past twelve months. Driven in part by social media platforms such as TikTok and Instagram , the rise in false rental housing applications is exacerbating rental costs, fueling the housing affordability challenges facing communities across the country and undermining the credibility of eviction data. These fraudulent incidents consist of a wide range of wrongdoing, including criminal behavior. One of the most notable findings in the survey was the share of evictions tied to fraudulent applications with respondents reporting that, on average, 23.8% of their eviction filings were linked to fraudulent applications and related failure to pay rent over the past three years. This in turn leads to higher costs for rental housing providers and, ultimately, the renters they house. The average respondent was required to write off nearly $4.2 million in bad debt over the past 12 months. Respondents reported that approximately a quarter (24.5%) of this bad debt, on average, could be attributed to nonpayment of rent due to fraudulent applications. “There has been anecdotal evidence of the rise in fraudulent activity over recent years, but now we have clear evidence of the staggering impact of these crimes on the rental housing market,” said NMHC President Sharon Wilson Géno. “While most renters are honest, those who are not are causing the cost of rental housing to increase for everyone. Additional delays in many jurisdictions in the lease enforcement process, even when there is clear fraud, incentivizes bad actors and means that this illegal behavior costs responsible renters even more. We call on lawmakers and courts to take action that will address this problem.” This new survey of rental housing providers conducted by the National Multifamily Housing Council (NMHC) found that nearly all respondents (93.3%) reported experiencing fraud in the past twelve months. Of those who experienced fraud: 84.3% have seen applicants falsifying or fabricating pay stubs, employment references or other income documentation; 80.0% observed prospective renters misrepresenting information on applications; 70.0% reported identity theft, fraudulent ID documents or use of another individual’s personal information; 67.1% experienced unauthorized cohabitants, illegal subletting or other actions to evade application or the leasing process; and 62.9% of respondents reported the use of fraudulent checks or other payment methods. Respondents who observed an increase in fraudulent applications and payments reported a 40.4% average increase over the past 12 months. Sixty seven percent of those who experienced an increase in fraudulent applications and payments said that this varied by jurisdiction, and many (46.9%) called out Atlanta specifically as a jurisdiction where increases in fraud were most concentrated. Residents and rental housing providers can learn more about avoiding fraud and scams through this Consumer Financial Protection Bureau resource . The NMHC Pulse Survey on Operational Impact of Rental Application Fraud and Bad Debt was conducted from November 15, 2023, to January 9, 2024, and received responses from NMHC and National Apartment Association (NAA) members representing 75 leading apartment owners, developers and managers. The full survey can be found here .

Unlawful Detention

By Paul Howard • 23 Feb, 2024
Our eviction business has seen a sizeable increase in the number of squatters moving into empty rental units. The stories are similar. The landlord discovers strangers have taken up residency in their rental home. Naturally, they are angry and worried. Will they become violent? Will they destroy the house? How do I get them out?

Why Would You Give The Keys To Just Anyone?

By Paul Howard • 13 Feb, 2024
Successful landlords know you make money in the rental business when you select your tenant. If you fail to do your due diligence it can cost you thousands.

Beware of the Real Estate Crash Unless You’re a Landlord

By Paul Howard • 13 Dec, 2023
Rising interest rates, overall inflation, and general fears about the US economy are punishing certain sectors of the market. Those most effected are home buyers and sellers and commercial properties including buyers and sellers and especially commercial landlords.

Charging Section 8 Tenant Extra Rent Is A Crime

By Paul Howard • 13 Dec, 2023
Landlords are prohibited from requiring tenants to pay rent in excess of what is authorized by HAP contracts. The Landlord may not demand or accept any rent from the tenant in excess of the contracted.

Tenant Screening Tips Every Property Manager Must Know

By Paul Howard • 06 Dec, 2023
Tenant Screening is without a doubt, one of the most critical steps in the property management process. A thorough and meticulous screening process can mean the difference between a smooth tenancy and a rental nightmare.

Fair Housing - Disabilities

By Paul Howard • 10 Nov, 2023
Fair Housing: Persons with Disabilities What are Reasonable Accommodations? Source

What To Do When Your Tenant Moves Out

By Paul Howard • 23 Oct, 2023
Your tenant has moved out. While your priority is to clean and paint and get the unit rented, there are a number of things which good business practice suggests -- and some which State law demands.

Debt Collection

By Paul Howard • 23 Oct, 2023
Your tenant left your rental apartment trashed, damaged and owing you money! Your tenant lied and took advantage of you. He may have skipped or you may have evicted him. In either case, he damaged your rental and cost you money! What do you do?

Bed Bugs - Yikes!

By Paul Howard • 23 Oct, 2023
Bedbugs are small, reddish-brown blood-sucking, wingless insects. Bedbug bites usually clear up without treatment in a week or two. Bedbugs aren't known to spread disease, but they can cause an allergic reaction or a severe skin reaction in some people.

Landlords must inform applicants of rights regarding consumer reports.

By Paul Howard • 10 Oct, 2023
A Warning To Landlords -- Remember Landlords: You have an obligation to inform rental applicants of their rights regarding consumer reports.

Security Deposits: Refund Rules

By Paul Howard • 08 Oct, 2023
Florida statues are very specific regarding your tenant's security deposit. The rules are the same for tenants who move out under good conditions and those who don’t, including eviction.

Abandoned Personal Property: Trash or Treasure?

By Paul Howard • 08 Oct, 2023
Nearly every tenant leaves stuff behind when they vacate, most of the time it’s just a big pile of junk. Trash or treasure, the law says it’s not yours and you have an obligation to respect your former tenant’s personal property.

Personal Property: Is The Unit Abandoned?

By Paul Howard • 08 Oct, 2023
Is the unit abandoned? Can you take possession of the unit and get it ready for the new tenant? Not if you want to follow the law and protect yourself from liability!

Fair Housing: Hoarding

By Paul Howard • 07 Oct, 2023
Hoarding is a mental disability you may encounter as you work on a property. People who suffer from hoarding are protected under fair housing law and are entitled to reasonable accommodations in the same way people with other mental or physical disabilities are.

Tenant Screening: Telephone Script

By Paul Howard • 07 Oct, 2023
Tenant Screening - Why Use a Telephone Script? Benefits: To stay in control of the conversation. This is a business call. Treat it that way. To make sure everything you say is accurate with no hint of any kind of discrimination. To do a little preliminary tenant screening To send a strong signal that you are a good manager and that you will conduct a through background check before renting. To keep the conversation brief but thorough presenting a professional demeanor. Remember: Callers with a track record of broken leases, evictions, criminal history, etc. carefully listen to every word. They are less likely to call you back if they learn you are a good manager and that you will do a through background check including credit history, rental history, criminal history and demand proof of sufficient income. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check. Also remember : The best tenants are just as fearful they will end up with a bad landlord as you are of a bad tenant. Good tenants like to hear your professional, through, business like tone. They want to hear you say you will conduct a background check.

Tenant Screening: Criminal History

By Paul Howard • 07 Oct, 2023
HUD Guidance note that racial disparities in incarcerations rates will result in certain races, like African Americans, being denied housing more often than other races because of criminal screening policies.

Lead-Based Paint: Disclosure Rules

By Paul Howard • 22 Sep, 2023
Residential Lead-Based Paint Hazard Reduction Act directs HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Fair Housing: Disabilities

By Paul Howard • 22 Sep, 2023
Americans with Disabilities Act. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

Fair Housing: The Fair Housing Act

By Paul Howard • 22 Sep, 2023
The Fair Housing Act prohibits discrimination by providers of housing because of, race or color, religion, sex, national origin, familial status, or, disability.

A Quick Eviction Notice Often Means No Eviction At All

By Paul Howard • 12 Jul, 2008
Landlording is a simple business but it’s not always easy. Smart landlords have learned there are a surprisingly small number of simple but critical rules. Follow them and your success rate will soar and a simple business gets easier.
Share by: