The Right to Reasonable Accommodations
Fair housing law protects people with disabilities in a variety of ways, one of which is the right to request reasonable accommodations. 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 equal opportunity to use and enjoy their housing, including public and common use spaces. Housing providers must generally grant requests for accommodation if they are needed in relation to a person’s disability. Under the Fair Housing Act, renters with disabilities may request reasonable accommodations for service or assistance animals. This is true regardless of the housing provider’s pet policy, since service and assistance animals are considered accommodations, and not pets, under fair housing law.
While the Americans with Disabilities Act (ADA) offers strict guidelines on assistance animals in public spaces, fair housing law offers a broader definition for assistance animals in private housing. For instance, in housing, no training requirement, breed, or specific animal is defined for assistance animals. People can need an assistance animal for various reasons, and some people may need more than one animal.
Defining Service & Assistance Animals
Animals that may be considered reasonable accommodations will fall into one of two categories: service or assistance animals. In housing, a service animal refers to any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A Seeing Eye dog is an example of a service animal. An assistance animal, on the other hand, can be any animal that does work, performs tasks, provides assistance, or provides emotional support for a person with a disability. Emotional support animals and therapy dogs are examples of assistance animals. It is important to note that breed, size, or weight limitations do not apply to service and assistance animals. Additionally, a tenant cannot be charged pet fees or deposits for their service or assistance animal.
Requesting a Reasonable Accommodation
The process of requesting a reasonable accommodation may feel daunting to someone who has never done it before; but rest assured, your local fair housing advocates are here to help you navigate the process. The first thing to know is that tenants needing accommodations can make their requests at any time during tenancy. While it is a best practice to make requests in writing in order to keep a paper trail, housing providers must grant all verbal and written reasonable accommodation requests. After a reasonable accommodation request is made, a housing provider is required to respond within a reasonable timeframe.
Landlord Do’s and Don’ts
A landlord must approve a reasonable accommodation request if:
- The person seeking to use and live with the animal has a disability (i.e., a physical or mental impairment that substantially limits one or more major life activities); and
- The person making the request has a disability-related need for a service or assistance animal. (In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability?)
It is important to note that a landlord is never permitted to ask about the nature or extent of the person’s disability. A landlord can, however, ask a tenant for documentation if the person’s disability is not apparent. Documentation would come in the form of a letter, provided by a medical, social service, or mental health professional (or even a close friend or relative) who has intimate knowledge of the person’s disability. The letter is not required to disclose the person’s diagnosis, or the nature or extent of their disability. It only needs to state that the reasonable accommodation being requested is related to the tenant’s disability, and is necessary for equal enjoyment of their housing. You can download a free guide on creating reasonable accommodation verification letters here.
Can a Landlord Legally Deny a Reasonable Accommodation Request?
In a few rare circumstances, housing providers may not be required to grant requests for service or assistance animals. A landlord is not required to grant a request for an assistance animal if:
- The specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain or control the animal.
- The animal is not commonly kept in households, except in rare circumstances.
- It causes an undue financial and administrative burden or a fundamental alteration of the normal service provisions.
That being said, fair housing advocates always encourage housing providers to engage in the interactive process with tenants requesting reasonable accommodations. Even if the initial request cannot be granted for one of the reasons listed above, it is likely that the housing provider and tenant could work out an accommodation that would meet the tenant’s needs, without creating an undue burden on the housing provider. When a tenant has a disability-related need, they are entitled to the appropriate accommodations.
Where to go for Help
If you have questions about your rights or need assistance requesting a reasonable accommodation, fair housing agencies are a helpful resource to turn to. At the Fair Housing Center for Rights & Research, our advocates regularly assist tenants in the process of requesting accommodations, making it possible to fully use and enjoy their housing. In addition to helping you through the process of submitting requests, fair housing advocates can help you if you believe your request has been unfairly denied, or if you have experienced housing discrimination in another way. To get in touch with your local fair housing agency, visit https://nationalfairhousing.org/find-help. You can also download The Fair Housing Center’s fact sheet on service and assistance animals in housing to learn more.