What is a “Request”?

There are no requirements regarding the form or timing of a request.

HUD guidance states that a landlord should respond to a request within 10 days of receiving supporting documentation.

Landlords can provide their own assistance animal request forms, but tenants are not required to use them.

Does the tenant have a disability?

Disabilities are a mental or physical impairment that substantially limits one or more major life activities.

To qualify for a disability accommodation, a person must actually have a disability; be perceived as having such a disability even if that perception is wrong, such as where a landlord rejects an applicant based on the mistaken belief that he has HIV; or have a record of such impairment, e.g., a recovered drug addict

Does the animal qualify as an Assistance Animal?

There are two types of assistance animals:

Service Animal – A dog specifically trained to do work or perform tasks for the benefit of a person with a disability. If the need for a service animal is not readily apparent (e.g. seeing-eye dog), the landlord may ask whether the animal is required because of a disability and what work has the animal been trained to perform.

Support Animal – Any species of animal that serves the tenant’s disability-related need. There is no special training required

Did the requestor provide appropriate documentation to support their request?

Landlords may only request verification of a disability when the disability is not observable

Verification can be in the form of notice from government agency, receipt of disability benefits, eligibility for housing assistance, information confirming disability from a healthcare provider, etc.

Landlords may not ask about the details of the disability; require tenants to undergo medical examinations; or require a medical professional to use a specific form, provide notarized documents, or make statements under penalty of perjury.

Is the requested animal accommodation reasonable?

A request is reasonable if it doesn’t cause landlord to incur undue financial and administrative burden; doesn’t cause a basic or fundamental change in nature of the housing program available; will not cause harm or damage to others; and is technologically possible.

Are there alternatives to accommodation requests that are unreasonable?

If the landlord determines that the accommodation request is unreasonable, they must determine whether an alternative accommodation may be effective to meet the tenant’s disability-related needs.