Housing Request for Assistance Animals Interactive Tool

Disclaimer: This material is based upon work supported, in whole or in part, by Federal award number C-17-TA-MA-0001 awarded to Abt Associates Inc. by the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. Neither the United States Government, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Reference herein to any individuals, agencies, companies, products, process, services, service by trade name, trademark, manufacturer, or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the author(s), contributor(s), the U.S. Government or any agency thereof. Opinions contained herein are those of the author(s) and do not necessarily reflect the official position of, or a position that is endorsed by, HUD or any Federal agency.

Interactive Tool: Reasonable Accommodation Requests for Assistance Animals in Housing

What is an Assistance Animal?Assistance Animals are not Pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. An animal that does not qualify as a service animal or other type of assistance animal is a pet for purposes of the FHA and may be treated as a pet for purposes of the lease and the housing provider’s rules and policies. An assistance animal’s role, distinct from a pet, is to support a person with a disability in their day-to-day life in order for that person to have equal access to use and enjoy their housing. The animal may improve some of the effects of the person’s disability or enable a person to deal with the symptoms of the disability. An example of this kind of support includes a dog walking in step with a person who is mobility impaired to provide stability and help them keep their balance. Another example is a cat who provides therapeutic emotional support to a person with mental impairments, such as depression or anxiety. Assistance animals are typically animals commonly kept in households, such as a dog, cat, small bird, rabbit, hamster or other rodent, fish, and turtles. An assistance animal may also be a unique type not commonly kept in households that provides disability-related assistance such as a snake, monkey, or a pig. When requesting a reasonable accommodation for a unique animal, a requester has a substantial burden to demonstrate the disability-related therapeutic need for an animal not commonly kept in households. It could be that the animal performs tasks that a dog or other assistance animal cannot perform, or that the person has an allergy that prevents them from using a dog. While most requests for reasonable accommodations involve one assistance animal, they sometimes may involve more than one animal. If a person, for example, has a disability-related need for two assistance animals the request should explain that need. Where two people living together each have a disability-related need for a separate assistance animal, each person should submit their own reasonable accommodation request.

assistance animal.

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What Is a Reasonable Accommodation?A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, The right to use and enjoy a dwelling includes using and enjoying one’s own unit and also public and common use spaces. The Act makes it unlawful for a provider to refuse to make a reasonable accommodation when that accommodation is necessary for the person with the disability to have equal access to a dwelling. Thus, to comply with the Fair Housing Act, a housing provider may need to change or adjust a rule, policy, practice, or service so that a person with a disability may have an equal opportunity to use and enjoy the dwelling. A reasonable accommodation may be requested at any time, including after the person has obtained an assistance animal, even when a housing provider has a “no pet” policy. When requesting a reasonable accommodation, the applicant or resident:Does not need to use the term “reasonable accommodation.”Can make the request in writing or orally.The housing provider:Cannot require that a request be made in a specific manner or on a specific form. Does not have to consider a reasonable accommodation that has not been requested. Others may make a request for reasonable accommodations on behalf of the applicant or resident. Those others might be someone, e.g., residing in the unit with the person with a disability, a legal guardian, or an authorized representative. What is an Assistance Animal?Assistance Animals are not Pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. An animal that does not qualify as a service animal or other type of assistance animal is a pet for purposes of the FHA and may be treated as a pet for purposes of the lease and the housing provider’s rules and policies. An assistance animal’s role, distinct from a pet, is to support a person with a disability in their day-to-day life in order for that person to have equal access to use and enjoy their housing. The animal may improve some of the effects of the person’s disability or enable a person to deal with the symptoms of the disability. An example of this kind of support includes a dog walking in step with a person who is mobility impaired to provide stability and help them keep their balance. Another example is a cat who provides therapeutic emotional support to a person with mental impairments, such as depression or anxiety. Assistance animals are typically animals commonly kept in households, such as a dog, cat, small bird, rabbit, hamster or other rodent, fish, and turtles. An assistance animal may also be a unique type not commonly kept in households that provides disability-related assistance such as a snake, monkey, or a pig. When requesting a reasonable accommodation for a unique animal, a requester has a substantial burden to demonstrate the disability-related therapeutic need for an animal not commonly kept in households. It could be that the animal performs tasks that a dog or other assistance animal cannot perform, or that the person has an allergy that prevents them from using a dog. While most requests for reasonable accommodations involve one assistance animal, they sometimes may involve more than one animal. If a person, for example, has a disability-related need for two assistance animals the request should explain that need. Where two people living together each have a disability-related need for a separate assistance animal, each person should submit their own reasonable accommodation request. How Does the Fair Housing Act Define Disability?Under the Fair Housing Act a person with a disability means (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals with a record of such an impairment; and (3) individuals who are regarded as having such an impairment. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. Who is a housing consumer?A housing consumer is an individual currently residing in or applying to reside in a dwelling. Under the Fair Housing Act, “dwelling” is defined as any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. Who is a housing provider?A housing provider in this context is any person or entity engaging in conduct covered by the Fair Housing Act (the “Act”) Courts have applied the Act to individuals, corporations, partnerships, associations, property owners, housing managers, homeowners and condominium associations, cooperatives, lenders, insurers, real estate agents, brokerage services, state and local governments, colleges and universities, as well as others involved in the provision of housing, residential lending, and other real estate-related services. What does the term “major life activity” mean?The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, and speaking. This list of major life activities is not exhaustive. Observable and Non-Observable DisabilitiesHousing providers are not entitled to know an individual’s diagnosis.Some impairments may seem invisible, and others can be readily observed that a person has a disability. Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. In instances where it is readily observable that the applicant or tenant making a reasonable accommodation request for an assistance animal has a disability and the need for the assistance animal is clear, such as in the case of a seeing eye dog for a visually impaired person, a housing provider should not ask for proof of disability and the disability related need for an assistance animal. Certain impairments, however, may not be observable. A common instance where an impairment might not be observable is when an applicant or tenant has a mental disability and requests a therapeutic emotional support animal as a reasonable accommodation. In those instances, a housing provider may request information regarding both the disability and the disability-related need for the animal. Housing providers, however, are not entitled to know an individual’s diagnosis. What Documentation Can Support an Individual’s Claim of Disability?Information about disability may include: Information confirming disability from a health care professional, e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse (note this list of health care professionals is not exhaustive).Documentation showing the individual has qualified as having a disability for purposes of a benefit or other program. However, note that a determination that an individual does not qualify as having a disability for purposes of a benefit or other program does not necessarily preclude an individual from having a disability under the Fair Housing Act, Section 504, or the Americans with Disabilities Act (ADA). Such benefits or program might include but are not limited to:A determination of disability from a federal, state, or local government agency.Receipt of disability benefits or services (Social Security Disability Income (SSDI)), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency.Eligibility for housing assistance or a housing voucher received because of disability.A housing provider must keep confidential any information about the person requesting the assistance animal. That includes information about the person’s disability and health conditions. The provider is allowed to share information only if (1) evaluating the request for a reasonable accommodation requires sharing it with someone else; or (2) the law requires sharing it. When May a Housing Provider Request Supporting Documentation? If the need for an assistance animal is not apparent, the housing provider may request supporting documentation which demonstrates the disability-related need for the assistance animal. If supporting information is needed and requested by the housing provider, but not provided by the applicant or tenant, a housing provider is not required to grant the accommodation. However, a housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided this information until the requester has been provided a reasonable opportunity to do so. We encourage the housing provider to discuss what documents they need to make the determination, and to direct the requester to the guidance on “Documenting an Individual’s Need for Assistance Animals in Housing.” As a best practice, the housing provider should make a determination promptly, generally within 10 days of receiving documentation. What Information Reasonably Supports a Request for a Reasonable Accommodation to Have an Assistance Animal? As a best practice, documentation supporting the need for a reasonable accommodation – typically a short letter - is recommended to include: Patient nameWhether the health care professional has a professional relationship with that patient/client involving the provision of health care or disability-related servicesThe type of animal(s) for which the reasonable accommodation is soughtWhether the patient has a physical or mental impairmentWhether the patient’s impairment(s) substantially limit at least one major life activity or major bodily function, andWhether the patient needs the animal(s) to do work, provide assistance, perform at least one task that benefits the patient, or provide therapeutic emotional support related specifically to the disability. For example, a dog that is trained to detect the onset of a seizure for a person who has seizure disorder, and helps that person remain safe during the seizure is an example of an animal that does work to benefit that person specifically related to their disability. Alternatively, a cat, while not trained to perform a specific task, may provide assistance to a person with anxiety by helping the person deal with the symptoms of or alleviate disability-related stress—this is an example of an animal that provides therapeutic emotional support specifically related to an individual’s disability. There are websites that sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. HUD has found that generally documents generated from such websites are insufficient because they are not written by a provider with personal knowledge about the person with a disability’s need for the animal. However, many legitimate, licensed healthcare professionals deliver remote services and have personal knowledge about the individual and their need for the requested reasonable accommodation. You may not reject this type of documentation simply because the services were delivered remotely and not in person. A note from a healthcare professional with personal knowledge of the person requesting the reasonable accommodation that confirms a person’s disability and need for an assistance animal is considered reliable. Examples of the kinds of assistance that animals may provide to a person with a disability include, but are not limited to: Assisting the person in dealing with disability-related stress or pain, Assisting a person with mental illness to leave the isolation of home or to interact with others, Enabling a person to deal with the symptoms or effects of major depression by providing a reason to live,Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors,Reminding a person with mental illness to take prescribed medication,Taking an action to calm a person with post-traumatic stress disorder (PTSD) during an anxiety attack, orProviding emotional support that alleviates at least one identified symptom or effect of a physical or mental impairment,Assisting a person with low hearing by alerting them to a visitor at the door,Alerting a person to an imminent seizure,Assisting a person with a mobility impairment by fetching small items.Engaging with “Good Faith” in an “Interactive Process” When a Reasonable Accommodation Is RequestedSometimes the housing provider cannot easily see a person’s disability or disability-related need. Before denying a request for a reasonable accommodation due to lack of information confirming an individual’s disability or disability-related need for an animal, the housing provider is encouraged to engage in a good faith dialogue with the requestor, called the interactive process. During this process, the housing provider may not insist on specific types of evidence. If the information has already been provided, the housing provider already has knowledge of such disability, or documentation that generally meets the requirements of this guidance has already been provided, no additional information should be sought before the housing provider makes a decision about the requested accommodation. It is important to remember that a housing provider may never ask for details about the individual’s diagnosis, the severity of a disability, or medical records of the requestor. If, after receiving the necessary information in response to a reasonable accommodation request, a housing provider denies the request because it is unreasonable, i.e., that it would impose a fundamental alternation to the nature of the provider’s operations or impose an undue financial and administrative burden, the housing provider should engage in the interactive process to discuss whether an alternative accommodation may be effective in meeting the individual’s disability-related needs. The provider should remember that the requester is the person most familiar with their disability and can best determine what type of aid or service will be effective. In these conversations, the provider and the requester often can find an effective accommodation that does not impose an undue financial and administrative burden or require a fundamental alteration to the housing provider’s operation. Things to consider when responding to a request for a reasonable accommodation to have an assistance animal: Assistance Animals are not Pets. Therefore, pet rules are not applicable to assistance animals and the housing provider may not limit the breed or size of a dog used as an assistance animal.It is impermissible for a housing provider to charge a deposit, fee, or surcharge to a resident for their assistance animal. Insurance policies that prohibit breeds or sizes of dogs are generally not considered to be a valid reason to deny an accommodation, and a housing provider should seek reasonable alternatives, including assisting the applicant or resident in obtaining a reasonable accommodation from the insurance provider’s policy.A reasonable accommodation may include the requestor having to obtain an accommodation or exemption to a land use and zoning law from the municipality’s local government, or from a Homeowners Association (HOA) or co-op when the housing adopts, maintains, or enforces “no pet,” or restrictive pet policy rules. A housing provider may not charge a fee for processing a reasonable accommodation request. Fair Housing ActThe Fair Housing Act, 42 U.S.C. 3601-3619, prohibits discrimination in the sale, rental, and financing of housing and housing-related transactions because of race, color, national origin, and religion, sex (including sexual orientation and gender identity), familial status and disability. Discrimination under the Fair Housing Act includes refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to provide persons with disabilities with an equal opportunity to use and enjoy a dwelling. HUD Notice FHEO-2020-01The Notice provides guidance to housing providers and housing consumers about the protections that the Fair Housing Act provides for persons with disabilities who have a disability-related need for an assistance animal. The Notice provides information on requesting a reasonable accommodation when it is necessary for a person with a disability to have an equal opportunity to enjoy and use their housing.

The Notice provides guidance to housing providers and housing consumers about the protections that the Fair Housing Act provides for persons with disabilities who ask for an assistance animal as a reasonable accommodation, so they have an equal opportunity to enjoy and use their housing. It also explains how the Act defines an “assistance animal.”

To learn more, read the HUD Notice FHEO-2020-01

Disclaimer

How Does the Fair Housing Act Define Disability?Under the Fair Housing Act a person with a disability means (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals with a record of such an impairment; and (3) individuals who are regarded as having such an impairment. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. Who is a housing consumer?A housing consumer is an individual currently residing in or applying to reside in a dwelling. Under the Fair Housing Act, “dwelling” is defined as any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. Who is a housing provider?A housing provider in this context is any person or entity engaging in conduct covered by the Fair Housing Act (the “Act”) Courts have applied the Act to individuals, corporations, partnerships, associations, property owners, housing managers, homeowners and condominium associations, cooperatives, lenders, insurers, real estate agents, brokerage services, state and local governments, colleges and universities, as well as others involved in the provision of housing, residential lending, and other real estate-related services. What does the term “major life activity” mean?The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, and speaking. This list of major life activities is not exhaustive.

Interactive Tool: Reasonable Accommodation Requests for Assistance Animals in Housing

Disclaimer:

The Notice describes housing providers’ obligations under the Fair Housing Act (”the Act”) to provide reasonable accommodations to persons with disabilities who require the use of an assistance animal.

reasonable accommodation

disabilities

About the Notice

These questions are derived from the Notice FHEO-2020-01 and are intended only as examples of the rights persons with disabilities have under the Fair Housing Act relating to assistance animals. These examples and this tool are not legal advice, do not have the force or effect of law, and are in no way binding on HUD and its decisions.

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What Documentation Can Support an Individual’s Claim of Disability?Information about disability may include: Information confirming disability from a health care professional, e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse (note this list of health care professionals is not exhaustive).Documentation showing the individual has qualified as having a disability for purposes of a benefit or other program. However, note that a determination that an individual does not qualify as having a disability for purposes of a benefit or other program does not necessarily preclude an individual from having a disability under the Fair Housing Act, Section 504, or the Americans with Disabilities Act (ADA). Such benefits or program might include but are not limited to:A determination of disability from a federal, state, or local government agency.Receipt of disability benefits or services (Social Security Disability Income (SSDI)), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency.Eligibility for housing assistance or a housing voucher received because of disability.A housing provider must keep confidential any information about the person requesting the assistance animal. That includes information about the person’s disability and health conditions. The provider is allowed to share information only if (1) evaluating the request for a reasonable accommodation requires sharing it with someone else; or (2) the law requires sharing it.

The Notice explains:

assistance animal

About the Notice

documentation

Certain obligations of housing providers under the Fair Housing Act with respect to animals that individuals with disabilities may request as reasonable accommodations. Housing providers are not required to request documentation, but they may ask the requester to provide supporting documentation and the Notice explains when documentation or information may be requested.

The scope of information needed in supporting documentation. The type of general disability-related information useful to be included in the documentation.Circumstances in which the Act requires housing providers to make a reasonable accommodation request.When a request for an assistance animal must be granted.

reasonable accommodation

Yes

As a best practice, the housing provider should make a determination about the request for a reasonable accommodation to have an assistance animal promptly, generally within 10 days of receiving documentation. A reasonable accommodation may be requested at any time by or on behalf of a person with a disability, including after the person has obtained an assistance animal and/or even when a housing provider has a “no pet” policy. EndFragmentAs a best practice, housing providers may use the following questions to help them understand if an animal is a service animal under the ADA, and if so, it will meet the requirements for granting a reasonable accommodation for an assistance animal under the Fair Housing Act. An applicant or resident requesting a reasonable accommodation: Does not need to use the term “reasonable accommodation.”Can make the request in writing or orally. The housing provider: Cannot require that a request be made in a specific manner or on a specific form.Does not have to consider a reasonable accommodation that has not been requested. Others may make a request for reasonable accommodations on behalf of the applicant or resident. Those others might be, e.g., someone residing in the unit with the person with a disability, a legal guardian, or an authorized representative.

Are you a housing provider considering an applicant’s or resident’s request to have an assistance animal as a reasonable accommodation at your dwelling? Or are you a resident or housing applicant that has made a request to have your assistance animal in your unit?

Yes

Have you as an applicant or resident, or has an individual who is an applicant or resident living at a dwelling that is owned or operated by you, requested a reasonable accommodation to have an assistance animal in their potential or current unit in connection with a physical or mental disability, either of their own, a household member, or a person associated with the individual?

Observable and Non-Observable DisabilitiesHousing providers are not entitled to know an individual’s diagnosis.In many instances it can be readily observed that a person has a disability. Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. In instances where it is readily observable that the applicant or tenant making a reasonable accommodation request for an assistance animal has a disability and the need for the assistance animal is clear, such as in the case of a seeing eye dog for a visually impaired person, a housing provider should not ask for proof of disability and the disability related need for an assistance animal. Certain impairments, however, may not be observable. In those instances, a housing provider may request information regarding both the disability and the disability-related need for the animal. A common instance where an impairment might not be observable is when an applicant or tenant has a mental disability.

Information about disability may include, for example, A determination of disability from a federal, state, or local government agency. Receipt of disability benefits or services (Social Security Disability Income (SSDI)), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency. Eligibility for housing assistance or a housing voucher received because of disability. Information confirming disability from a health care professional – e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse. Note that a determination that an individual does not qualify as having a disability for purposes of a benefit or other program does not necessarily mean the individual does not have a disability for purposes of the FHA, Section 504, or the ADA.

observable disability?

Does the applicant or resident requesting the reasonable accommodation have an observable disability?

Has the applicant or resident requesting the accommodation provided information which reasonably supports that the animal provides assistance such as therapeutic emotional support, with respect to the individual’s disability?

If the disability is observable, or if the housing provider otherwise has information that the applicant or tenant requesting the accommodation has a disability, the housing provider should not inquire further about the existence of a disability. Observable impairments may include, but are not limited to, blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Observable impairments generally tend to be obvious.

This tool is intended for housing providers who are assessing an applicant’s or a resident’s request to have an assistance animal as a reasonable accommodation for a disability under the Fair Housing Act. It also provides information to those applicants or residents who request to have an assistance animal as a reasonable accommodation for a disability under the Fair Housing Act. If you have questions or need guidance about other types of reasonable accommodations for persons with disabilities, please visit the U.S. Department of Housing and Urban Development’s website at Reasonable Accommodations and Modifications | HUD.gov / U.S. Department of Housing and Urban Development (HUD)

disability

If the disability is not observable, has the applicant or tenant requesting the accommodation provided information that reasonably supports that the person seeking the accommodation has a disability? Alternatively, if needed to respond to the request for a reasonable accommodation, has the housing provider requested such substantiating information?

If the disability is not observable, or the requester has not already provided information that reasonably supports that the person seeking the accommodation has a disability, or the housing provider doesn’t otherwise have reason to believe the requester has a disability, the housing provider may request that such information be provided, if needed to respond to the request for a reasonable accommodation. The housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided the information until the requester has been provided a reasonable opportunity to do so. To assist with obtaining this information, housing providers and persons seeking a reasonable accommodation may review the Guidance on Documenting an Individual’s Need for Assistance Animals in Housing. Observable impairments may include, but are not limited to, blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Observable impairments generally tend to be obvious.

Unique animals may be assistance animals if there is a disability-related need. Housing providers should be aware that sometimes a person with a disability requests a reasonable accommodation to have an animal not commonly kept in households, also known as a “unique type of animal,” because of a need for the specific assistance that animal or type of animal provides. Unique animals may be individually trained to do work or perform tasks that cannot be performed by a common household animal. For example, an individually trained capuchin monkey retrieves a bottle of water from the refrigerator, unscrews the cap, inserts a straw, and places the bottle in a holder so an individual with paralysis can drink water. The monkey is also trained to switch lights on and off and retrieve requested items from inside cabinets. The individual has a disability-related need for this specific type of animal because the monkey can use its hands to perform manual tasks that another animal cannot perform. If an individual requests to keep a unique type of animal that is not commonly kept in households, the requester should be prepared to provide information about the unique circumstances justifying their need for the particular animal or particular type of animal. If a housing provider needs more information to understand a request for a unique animal, the housing provider is encouraged to engage in a good-faith dialogue called the “interactive process” prior to making a decision. As a best practice, it is recommended that the housing provider assist the requestor by explaining what information the housing provider needs to make a decision and refer the requester to the “Guidance on Documenting an Individual’s Need for Assistance Animals in Housing” found in the notice, “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act,” starting on page 16.

This tool provides information from FHEO Notice 2020-01, issued by HUD’s Office of Fair Housing and Equal Opportunity, (FHEO) to help housing providers assess requests for made by persons with (or persons associated with them) to have as permitted under the Fair Housing Act. The notice explains certain obligations of housing providers under the Fair Housing Act when such requests are made . The notice is also a resource for housing consumers with disabilities to assist them when making a request for an assistance animal as a reasonable accommodation. This notice provides housing providers with a set of best practices for complying with the Act when assessing requests for reasonable accommodations to keep assistance animals in housing, including the information that a housing provider may need to know about an individual’s need for an assistance animal in housing.

In Summary

assistance animals

reasonable accommodations

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The reasonable accommodation should be provided. If the requestor is making a request for the use of an animal commonly kept in a household for an assistance animal and the requestor has provided information confirming that there is a disability-related need for the animal, then the reasonable accommodation should be granted. Things to consider when granting an accommodation:Assistance Animals are not Pets. Therefore, pet rules are not applicable to assistance animals and a housing provider may not limit the breed or size of a dog used as an assistance animal.It is impermissible for a housing provider to charge a deposit, fee, or surcharge to a resident for their assistance animal. Insurance policies that prohibit breeds or certain sizes of dogs are generally not considered to be a valid reason to deny an accommodation. A housing provider should seek reasonable alternatives, including requesting a reasonable accommodation from the insurance provider. A reasonable accommodation may include the requestor having to obtain an accommodation or exemption to a land use and zoning law from the municipality’s local government. Or, a requester may need to obtain a reasonable accommodation from a Homeowners Association (HOA) or co-op when such entities adopt, maintain, or enforce policies prohibiting or restricting animals. A housing provider may not charge a fee for processing a reasonable accommodation request.A request for a reasonable accommodation must be granted unless it is an undue financial and administrative burden on the housing provider or providing the accommodation would fundamentally alter the housing provider’s operations.

Examples of animals commonly kept in households include dogs, cats, small birds, rabbits, hamsters, a gerbil or other rodent, fish, turtles, or other small, domesticated animals that are traditionally kept in the home for pleasure rather than for commercial purposes.

Is the assistance animal one that is commonly kept in households?

Contact your local HUD Regional Office: "HUD's Local Office Directory"

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Read the Notice: FHEO Notice 2020-01 "Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act"

The following questions will guide you through the FHEO Notice and provide information about handling a reasonable accommodation request for an assistance anima from, or on behalf of, a person with a disability.

Additional information and assistance is available:

Contact your local Fair Housing Initiatives Program (FHIP) or Fair Housing Assistance Program (FHAP)

Interactive Learning Goals

Visit HUD’s website on assistance animals: "Assistance Animals"

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A reasonable accommodation may be requested at any time by or on behalf of a person with a disability, including after the person has obtained an assistance animal and/or even where a housing provider has a “no pet” policy. An applicant or resident requesting a reasonable accommodation: Does not need to use the term “reasonable accommodation.”Can make the request in writing or orally.The housing provider:Cannot require that a request be made in a specific manner or on a specific form.Does not have to consider a reasonable accommodation that has not been requested.Others may make a request for reasonable accommodations on behalf of the applicant or resident. Those others might be someone residing in the unit with the person with a disability, a legal guardian, or an authorized representative.

If the housing provider does not have information that reasonably supports how the animal provides disability-related assistance, the housing provider may request such information from the person seeking the reasonable accommodation. The housing provider is not required to grant the accommodation unless this information is provided but the housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided the information until the requester has been provided a reasonable opportunity to do so. Examples of the kinds of assistance that animals may provide to a person with a disability include, but are not limited to: Assisting the person in dealing with disability-related stress or pain,Assisting a person with mental illness to leave the isolation of home or to interact with others,Enabling a person to deal with the symptoms or effects of major depression by providing a reason to live, Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors,Reminding a person with mental illness to take prescribed medication,Taking an action to calm a person with post-traumatic stress disorder (PTSD) during an anxiety attack, or Providing emotional support that alleviates at least one identified symptom or effect of a physical or mental impairment,Assisting a person with low hearing by alerting them to a visitor at the door, Alerting a person to an imminent seizure, Assisting a person with a mobility impairment by fetching small items.The housing provider is encouraged to engage in a good-faith dialogue with the requestor called the “interactive process” before denying a reasonable accommodation request due to lack of information confirming an individual’s disability or disability-related need for an animal. In such a situation, the housing provider should discuss this issue with the applicant or resident. However, the housing provider may not insist on specific types of evidence if the information which is provided or actually known to the housing provider meets the requirements of the Notice. As a reminder, disclosure of details about the diagnosis or severity of a disability or medical records or a medical examination cannot be required.As a best practice, the housing provider should make a determination promptly, generally within 10 days of receiving documentation.If the need for an assistance animal is not apparent, the housing provider may request supporting documentation which demonstrates the disability-related need for the assistance animal. If supporting information is needed and requested by the housing provider, but not provided by the applicant or tenant, then a housing provider is not required to grant the accommodation. However, the housing provider may not insist on specific types of evidence if the information which is provided or actually known to the housing provider meets the requirements of the Notice. We encourage the housing provider to discuss what documents they need to make the determination, and to direct the requester to the guidance on “Documenting an Individual’s Need for Assistance Animals in Housing.” Documentation of disability may be obtained from a federal, state, or local government agency. This includes benefits or services for Social Security Disability Income (SSDI), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency. Eligibility for housing assistance or a voucher based on disability is also considered to be a determination of disability. A determination of disability may also be obtained from a health care professional, e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse. This list of health care professionals is not exhaustive. As a best practice, documentation – typically a short letter - that is being requested as part of a reasonable accommodation is recommended to include: Patient nameWhether the health care professional has a professional relationship with that patient/client involving the provision of health care or disability-related servicesThe type of animal(s) for which the reasonable accommodation is sought Whether the patient has a physical or mental impairmentWhether the patient’s impairment(s) substantially limit at least one major life activity or major bodily function, andWhether the patient needs the animal(s) to do work, provide assistance, perform at least one task that benefits the patient, or provide therapeutic emotional support related specifically to the disability. For example, a dog that is trained to detect the onset of a seizure for a person who has seizure disorder, and helps that person remain safe during the seizure is an example of an animal that does work to benefit that person specifically related to their disability. Alternatively, a cat, while not trained to perform a specific task, may provide assistance to a person with anxiety by helping the person deal with the symptoms of or alleviate disability-related stress—this is an example of an animal that provides therapeutic emotional support specifically related to an individual’s disability.There are websites that sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. HUD has found that generally documents generated from such websites are insufficient because they are not written by a provider with personal knowledge about the person with a disability’s need for the animal. However, many legitimate, licensed healthcare professionals deliver remote services and have personal knowledge about the individual and their need for the requested reasonable accommodation. You may not reject this type of documentation simply because the services were delivered remotely and not in person. A note from a healthcare professional with personal knowledge of the person requesting the reasonable accommodation that confirms a person’s disability and need for an assistance animal is considered reliable.

The housing provider is encouraged to engage in a good-faith dialogue with the requestor called the “interactive process” before denying a reasonable accommodation request due to lack of information confirming an individual’s disability or disability-related need for an animal. In such a situation, the housing provider should discuss this issue with the applicant or resident. However, the housing provider may not insist on specific types of evidence if the information which is provided or actually known to the housing provider meets the requirements of the Notice. As a reminder, disclosure of details about the diagnosis or severity of a disability or medical records or a medical examination cannot be required. As a best practice, the housing provider should make a determination promptly, generally within 10 days of receiving documentation. As a best practice, the housing provider should make a determination promptly, generally within 10 days of receiving documentation.If the need for an assistance animal is not apparent, the housing provider may request supporting documentation which demonstrates the disability-related need for the assistance animal. If supporting information is needed and requested by the housing provider, but not provided by the applicant or tenant, then a housing provider is not required to grant the accommodation. However, a housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided this information until the requester has been provided a reasonable opportunity to do so. We encourage the housing provider to discuss what documents they need to make the determination, and to direct the requester to the guidance on “Documenting an Individual’s Need for Assistance Animals in Housing.” Documentation of disability may be obtained from a federal, state, or local government agency. This includes benefits or services for Social Security Disability Income (SSDI), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency. Eligibility for housing assistance or a voucher based on disability is also considered to be a determination of disability. A determination of disability may also be obtained from a health care professional, e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse. This list of health care professionals is not exhaustive. As a best practice, documentation – typically a short letter - that is being requested as part of a reasonable accommodation is recommended to include: Patient nameWhether the health care professional has a professional relationship with that patient/client involving the provision of health care or disability-related servicesThe type of animal(s) for which the reasonable accommodation is sought Whether the patient has a physical or mental impairmentWhether the patient’s impairment(s) substantially limit at least one major life activity or major bodily function, andWhether the patient needs the animal(s) to do work, provide assistance, perform at least one task that benefits the patient, or provide therapeutic emotional support related specifically to the disability. For example, a dog that is trained to detect the onset of a seizure for a person who has seizure disorder, and helps that person remain safe during the seizure is an example of an animal that does work to benefit that person specifically related to their disability. Alternatively, a cat, while not trained to perform a specific task, may provide assistance to a person with anxiety by helping the person deal with the symptoms of or alleviate disability-related stress—this is an example of an animal that provides therapeutic emotional support specifically related to an individual’s disability.There are websites that sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. HUD has found that generally documents generated from such websites are insufficient because they are not written by a provider with personal knowledge about the person with a disability’s need for the animal. However, many legitimate, licensed healthcare professionals deliver remote services and have personal knowledge about the individual and their need for the requested reasonable accommodation. You may not reject this type of documentation simply because the services were delivered remotely and not in person. A note from a healthcare professional with personal knowledge of the person requesting the reasonable accommodation that confirms a person’s disability and need for an assistance animal is considered reliable. Before denying a reasonable accommodation request because the requestor did not provide adequate information confirming their disability and/or disability-related need for an assistance animal, the housing provider is encouraged to engage in a good faith interactive process with the requestor. During this process, the housing provider may not insist on specific types of evidence. If the information has already been provided, the housing provider already has knowledge of such disability, or documentation that generally meets the requirements of this guidance has already been provided, no additional information should be sought before the housing provider makes a decision about the requested accommodation. It is important to remember that a housing provider may never ask for details about the individual’s diagnosis, the severity of a disability, or medical records of the requestor. Likewise, a housing provider cannot require a medical examination of the requestor as proof needed to grant the reasonable accommodation request.

If the housing provider does not have information that reasonably supports how the animal provides disability-related assistance, the housing provider may request such information from the person seeking the reasonable accommodation. The housing provider is not required to grant the accommodation unless this information is provided but the housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided the information until the requester has been provided a reasonable opportunity to do so. Examples of the kinds of assistance that animals may provide to a person with a disability include, but are not limited to: Assisting the person in dealing with disability-related stress or pain,Assisting a person with mental illness to leave the isolation of home or to interact with others,Enabling a person to deal with the symptoms or effects of major depression by providing a reason to live, Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors,Reminding a person with mental illness to take prescribed medication,Taking an action to calm a person with post-traumatic stress disorder (PTSD) during an anxiety attack, or Providing emotional support that alleviates at least one identified symptom or effect of a physical or mental impairment,Assisting a person with low hearing by alerting them to a visitor at the door, Alerting a person to an imminent seizure, Assisting a person with a mobility impairment by fetching small items.The housing provider is encouraged to engage in a good-faith dialogue with the requestor called the “interactive process” before denying a reasonable accommodation request due to lack of information confirming an individual’s disability or disability-related need for an animal. In such a situation, the housing provider should discuss this issue with the applicant or resident. However, the housing provider may not insist on specific types of evidence if the information which is provided or actually known to the housing provider meets the requirements of the Notice. As a reminder, disclosure of details about the diagnosis or severity of a disability or medical records or a medical examination cannot be required.As a best practice, the housing provider should make a determination promptly, generally within 10 days of receiving documentation.If the need for an assistance animal is not apparent, the housing provider may request supporting documentation which demonstrates the disability-related need for the assistance animal. If supporting information is needed and requested by the housing provider, but not provided by the applicant or tenant, then a housing provider is not required to grant the accommodation. However, a housing provider may not deny the accommodation on the grounds that the person requesting the accommodation has not provided this information until the requester has been provided a reasonable opportunity to do so. We encourage the housing provider to discuss what documents they need to make the determination, and to direct the requester to the guidance on “Documenting an Individual’s Need for Assistance Animals in Housing.” Documentation of disability may be obtained from a federal, state, or local government agency. This includes benefits or services for Social Security Disability Income (SSDI), Medicare or Supplemental Security Income (SSI) for a person under age 65, veterans’ disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency. Eligibility for housing assistance or a voucher based on disability is also considered to be a determination of disability. A determination of disability may also be obtained from a health care professional, e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse. This list of health care professionals is not exhaustive. As a best practice, documentation – typically a short letter - that is being requested as part of a reasonable accommodation is recommended to include: Patient nameWhether the health care professional has a professional relationship with that patient/client involving the provision of health care or disability-related servicesThe type of animal(s) for which the reasonable accommodation is sought Whether the patient has a physical or mental impairmentWhether the patient’s impairment(s) substantially limit at least one major life activity or major bodily function, andWhether the patient needs the animal(s) to do work, provide assistance, perform at least one task that benefits the patient, or provide therapeutic emotional support related specifically to the disability. For example, a dog that is trained to detect the onset of a seizure for a person who has seizure disorder, and helps that person remain safe during the seizure is an example of an animal that does work to benefit that person specifically related to their disability. Alternatively, a cat, while not trained to perform a specific task, may provide assistance to a person with anxiety by helping the person deal with the symptoms of or alleviate disability-related stress—this is an example of an animal that provides therapeutic emotional support specifically related to an individual’s disability.There are websites that sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. HUD has found that generally documents generated from such websites are insufficient because they are not written by a provider with personal knowledge about the person with a disability’s need for the animal. However, many legitimate, licensed healthcare professionals deliver remote services and have personal knowledge about the individual and their need for the requested reasonable accommodation. You may not reject this type of documentation simply because the services were delivered remotely and not in person. A note from a healthcare professional with personal knowledge of the person requesting the reasonable accommodation that confirms a person’s disability and need for an assistance animal is considered reliable.

housing providers

to note, that under the Fair Housing Act’s understanding of assistance animals, it includes both service animals as defined by the ADA as well as emotionally therapeutic support animals. Also refer to HUD and the Department of Justice’s Joint Statement on Reasonable Accommodations under the Fair Housing Act.

housing consumers

Who is a Housing Consumer?A housing consumer is an individual currently residing in or applying to reside in a dwelling.. Under the Fair Housing Act, “dwelling” is defined as any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Engaging with “Good Faith” and in an “Interactive Process” When a Reasonable Accommodation Is RequestedSometimes the housing provider cannot easily see a person’s disability or disability-related need. Before denying a request for a reasonable accommodation due to lack of information confirming an individual’s disability or disability-related need for an animal, the housing provider is encouraged to engage in a good faith dialogue with the requestor, called the interactive process. During this process, the housing provider may not insist on specific types of evidence. If the information has already been provided, the housing provider already has knowledge of such disability, or documentation that generally meets the requirements of this guidance has already been provided, no additional information should be sought before the housing provider makes a decision about the requested accommodation. It is important to remember that a housing provider may never ask for details about the individual’s diagnosis, the severity of a disability, or medical records of the requestor. If, after receiving the necessary information in response to a reasonable accommodation request, a housing provider denies the request because it is unreasonable, i.e., that it would impose a fundamental alternation to the nature of the provider’s operations or impose an undue financial and administrative burden, the housing provider should engage in the interactive process to discuss whether an alternative accommodation may be effective in meeting the individual’s disability-related needs. The provider should remember that the requester is the person most familiar with their disability and can best determine what type of aid or service will be effective. In these conversations, the provider and the requester often can find an effective accommodation that does not impose an undue financial and administrative burden or require a fundamental alteration to the housing provider’s operation. Things to consider when responding to a request for a reasonable accommodation to have an assistance animal: Assistance animals are not pets. Therefore, pet rules are not applicable to assistance animals and the housing provider may not limit the breed or size of a dog used as an assistance animal.It is impermissible for a housing provider to charge a deposit, fee, or surcharge to a resident for their assistance animal. Insurance policies that prohibit breeds or sizes of dogs are generally not considered to be a valid reason to deny an accommodation, and a housing provider should seek reasonable alternatives, including assisting the applicant or resident in obtaining a reasonable accommodation from the insurance provider’s policy.A reasonable accommodation may include the requestor having to obtain an accommodation or exemption to a land use and zoning law from the municipality’s local government, or from a Homeowners Association (HOA) or co-op when the housing adopts, maintains, or enforces “no pet,” or restrictive pet policy rules. A housing provider may not charge a fee for processing a reasonable accommodation request.

This tool was created to help (public housing agencies, assisted housing, authorities and private landlords) and (applicants and residents) understand HUD's FHEO Notice 2020-01 "Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act" (Notice) issued in January 2020 by the Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity (FHEO). However, this interactive tool focuses on the Fair Housing Act and Assistance Animals, while the Notice also includes information about service animals under the Americans with Disabilities Act. It is important

Guide Overview

Observable and Non-Observable DisabilitiesHousing providers are not entitled to know an individual’s diagnosis.Some impairments may seem invisible and others can readily observed that a person has a disability. Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. In instances where it is readily observable that the applicant or tenant making a reasonable accommodation request for an assistance animal has a disability and the need for the assistance animal is clear, such as in the case of a seeing eye dog for a visually impaired person, a housing provider should not ask for proof of disability and the disability related need for an assistance animal. Certain impairments, however, may not be observable. A common instance where an impairment might not be observable is when an applicant or tenant has a mental disability and requests a therapeutic emotional support animal as a reasonable accommodation. In those instances, a housing provider may request information regarding both the disability and the disability-related need for the animal. Housing providers, however, are not entitled to know an individual’s diagnosis.

Who is a Housing Provider?A housing provider in this context is any person or entity engaging in conduct covered by the Fair Housing Act (the “Act”) Courts have applied the Act to individuals, corporations, partnerships, associations, property owners, housing managers, homeowners and condominium associations, cooperatives, lenders, insurers, real estate agents, brokerage services, state and local governments, colleges and universities, as well as others involved in the provision of housing, residential lending, and other real estate-related services.

This interactive tool is intended to help housing providers, including public housing agencies, assisted housing, private landlords, as well as both housing applicants and tenants understand HUD's Notice. This tool addresses Fair Housing Act requirements. Housing providers, however, may be subject to multiple civil rights laws, such as Section 504 and the Americans with Disabilities Act, and this tool does not address the requirements under these authorities.[if !mso]> Normal 0 false false false false EN-US X-NONE X-NONE

Engaging with “Good Faith” in an “Interactive Process” When a Reasonable Accommodation Is RequestedSometimes the housing provider cannot easily see a person’s disability or disability-related need. Before denying a request for a reasonable accommodation due to lack of information confirming an individual’s disability or disability-related need for an animal, the housing provider is encouraged to engage in a good faith dialogue with the requestor, called the interactive process. During this process, the housing provider may not insist on specific types of evidence. If the information has already been provided, the housing provider already has knowledge of such disability, or documentation that generally meets the requirements of this guidance has already been provided, no additional information should be sought before the housing provider makes a decision about the requested accommodation. It is important to remember that a housing provider may never ask for details about the individual’s diagnosis, the severity of a disability, or medical records of the requestor. If, after receiving the necessary information in response to a reasonable accommodation request, a housing provider denies the request because it is unreasonable, i.e., that it would impose a fundamental alternation to the nature of the provider’s operations or impose an undue financial and administrative burden, the housing provider should engage in the interactive process to discuss whether an alternative accommodation may be effective in meeting the individual’s disability-related needs. The provider should remember that the requester is the person most familiar with their disability and can best determine what type of aid or service will be effective. In these conversations, the provider and the requester often can find an effective accommodation that does not impose an undue financial and administrative burden or require a fundamental alteration to the housing provider’s operation. Things to consider when responding to a request for a reasonable accommodation to have an assistance animal: Assistance animals are not pets. Therefore, pet rules are not applicable to assistance animals and the housing provider may not limit the breed or size of a dog used as an assistance animal.It is impermissible for a housing provider to charge a deposit, fee, or surcharge to a resident for their assistance animal. Insurance policies that prohibit breeds or sizes of dogs are generally not considered to be a valid reason to deny an accommodation, and a housing provider should seek reasonable alternatives, including assisting the applicant or resident in obtaining a reasonable accommodation from the insurance provider’s policy.A reasonable accommodation may include the requestor having to obtain an accommodation or exemption to a land use and zoning law from the municipality’s local government, or from a Homeowners Association (HOA) or co-op when the housing adopts, maintains, or enforces “no pet,” or restrictive pet policy rules. A housing provider may not charge a fee for processing a reasonable accommodation request.

This tool provides information from FHEO Notice 2020-01, issued by HUD’s Office of Fair Housing and Equal Opportunity, (FHEO) to help housing providers assess requests for made by persons with (or persons associated with them) to have as permitted under the Fair Housing Act. The notice explains certain obligations of housing providers under the Fair Housing Act when such requests are made. The notice is also a resource for housing consumers with disabilities to assist them when making a request for an assistance animal as a reasonable accommodation. This notice provides housing providers with a set of best practices for complying with the Act when assessing requests for reasonable accommodations to keep assistance animals in housing, including the information that a housing provider may need to know about an individual’s need for an assistance animal in housing.

What is an Assistance Animal?Assistance Animals are not pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. An animal that does not qualify as a service animal or other type of assistance animal is a pet for purposes of the FHA and may be treated as a pet for purposes of the lease and the housing provider’s rules and policies. An assistance animal’s role, distinct from a pet, is to support a person with a disability in their day-to-day life in order for that person to have equal access to use and enjoy their housing. The animal may improve some of the effects of the person’s disability or enable a person to deal with the symptoms of the disability. An example of this kind of support includes a dog walking in step with a person who is mobility impaired to provide stability and help them keep their balance. Another example is a cat who provides therapeutic emotional support to a person with mental impairments, such as depression or anxiety. Assistance animals are typically animals commonly kept in households, such as a dog, cat, small bird, rabbit, hamster or other rodent, fish, and turtles. An assistance animal may also be a unique type not commonly kept in households that provides disability-related assistance such as a snake, monkey, or a pig. When requesting a reasonable accommodation for a unique animal, a requester has a substantial burden to demonstrate the disability-related therapeutic need for an animal not commonly kept in households. It could be that the animal performs tasks that a dog or other assistance animal cannot perform, or that the person has an allergy that prevents them from using a dog. While most requests for reasonable accommodations involve one assistance animal, they sometimes may involve more than one animal. If a person, for example, has a disability-related need for two assistance animals the request should explain that need. Where two people living together each have a disability-related need for a separate assistance animal, each person should submit their own reasonable accommodation request.