Obligations of Housing Providers (FHA)

Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider's pet restrictions.

Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:

• A request was made to the housing provider by or for a person with a disability
  • [ NOTE] This is also called a "Request for Reasonable Accommodations". Examples can be found on our site at Reasonable Accomidations.
• The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and
  • [NOTE] Normally this is done with a note from the owner's licensed healthcare professional.
• The housing provider has not demonstrated that:
  • Granting the request would impose an undue financial and administrative burden on the housing provider
  • The request would fundamentally alter the essential nature of the housing provider's operations
  • The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
  • The request would result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.

Examples

A reasonable accommodation request for an assistance animal may include, for example:

• A request to live with an assistance animal at a property where a housing provider has a no-pets policy or
• A request to waive a pet deposit, fee, or other rule as to an assistance animal.

Filing a Complaint

If you believe you have been unlawfully denied a reasonable accommodation for an assistance animal or have otherwise experienced discrimination in housing, you can file a complaint with FHEO.

Additional Resources

• Notice FHEO-2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (January 28, 2020)
• Joint Statement of HUD and DOJ on Reasonable Accommodations Under the Fair Housing Act
• Reasonable Accommodations and Modifications