How to Handle a Reasonable Accommodation Request for a Service or Emotional Support Animal 

Reasonable accommodation requests for assistance animals are a common source of stress for landlords. In this article, we’ll look at what assistance animals do, when landlords must allow them, and how landlords should review a reasonable accommodation request for a service animal. 

The right systems and policies can make dealing with pets and service animals stress-free for landlords and tenants. Visit ezLandlordForms to customize the landlord forms you need for a smooth and legally compliant rental business. 

Quick Answer: What a Landlord Must Do After Receiving a Reasonable Accommodation Request for a Service Animal

A reasonable accommodation request from a tenant is a request for a landlord to make an accommodation to allow a tenant with a disability to use and enjoy the rental unit. A reasonable accommodation request for a service animal means the tenant is asking the landlord to change a no-pet policy or alter some portion of the pet policy to allow the tenant to have a service animal or emotional support animal in the unit. 

Reasonable accommodation requests are controlled by the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and local fair housing laws. When a landlord receives a reasonable accommodation request for an animal, the landlord should: 

1. Promptly review the request on an individual basis (not applying blanket rules).
2. Determine whether additional documentation is required for verifying an emotional support animal or service animal. 
3. If additional documentation is needed, review to determine whether it is reliable, establishes a disability, and establishes a disability-related need for the animal. 
4. Ask what work or task the animal has been trained to perform. 
5. If a disability and a disability-related need for the animal are shown, the landlord should approve the request unless there is a legal basis to deny it.

Service Animals vs Emotional Support Animals in Housing: What Is the Legal Difference? 

The primary difference between a service animal and an emotional support animal (ESA) is the role the animal performs. A service animal performs a specific task or tasks for a person with a disability. In contrast, an ESA provides emotional support for an individual with a disability. Here are a few key differences to understand: 

Service animals: 

• Require training for the specific tasks or work the animal performs
• Protected under the ADA and FHA 
• Are usually dogs, but there is a recent rise in miniature horses as service animals

Emotional support animals: 

• No training required 
• Not protected under the ADA but usually protected under the FHA. That said, a recent enforcement memo from the Department of Housing and Urban Development (HUD) reduced protections for untrained emotional support animals
• Almost any type of domesticated animal can serve as an ESA

A May 2026 enforcement memo from HUD changes federal enforcement of fair housing laws for untrained emotional support animals. Under this new guidance, HUD will not enforce fair housing laws in situations involving untrained emotional support animals. That said, this decision does not impact state fair housing laws, alter the language of the Fair Housing Act, or prevent tenants from filing civil lawsuits after the denial of an ESA request. 

What Can a Landlord Ask About an Assistance Animal Request? 

Landlords’ inquiries about service animals and ESAs should be focused on identifying the presence of a disability and a disability-related need for the animal. 

With that in mind, landlords may ask: 

• If the accommodation is necessary because of a disability 
• For documentation verifying a disability that is not apparent
• For documentation to show the need for the animal 
• What role or task the animal has been trained to perform 

When reviewing a reasonable accommodation request, landlords may NOT ask: 

• For the tenant’s diagnosis or medical condition 
• To review medical records
• For the animal’s certification or registration
• The tenant to demonstrate the animal’s training or skills 

Some best practices to keep in mind when reviewing a reasonable accommodation request: 

• Ask only what is needed to determine whether the tenant has a disability-related need for the animal.
• If the disability or need is obvious, don’t request additional documentation or ask additional questions.
• Evaluate each request individually and promptly – within 10 days of receiving the request is generally considered reasonable.

How Should Landlords Review Assistance Animal Documentation? 

Landlords should review each request on an individual basis. Here’s a step-by-step guide for how to legally review and assess a reasonable accommodation request: 

1. Determine whether additional documentation is necessary. 
   • If the disability and need for the animal is obvious, don’t request additional documentation. 
   • If the disability or need is not obvious, you may request documentation to establish a disability and a disability-related need. 
2. Evaluate the source of the documentation. You want to establish that the documentation is reliable. Information received from healthcare professionals or other professionals with personal knowledge of the individual’s disability is considered more reliable than other types of documentation. 
3. Look for evidence of a disability. The ADA and FHA define a disability as a mental or physical impairment that limits one or more daily life activities. 
4. Look for evidence of a disability-related need for the animal. Service animal and ESA letter requirements should be focused on establishing a disability-related need for the animal. 
5. Ask what task or job the animal has been trained to perform. You may not ask for a demonstration or certification, but you may ask what work or task the animal has been trained to perform. 

Can Landlords Charge Fees or Hold Tenants Responsible for Animal Damage? 

Under the FHA, service animals are not considered pets. As such, landlords may not charge pet fees, pet deposits, or pet rents for trained service animals. This same rule would apply to trained emotional support animals. However, it does not always apply to untrained emotional support animals. 

In its recent enforcement memo, HUD stated that it’s reasonable for landlords to collect pet fees and apply pet policies for untrained emotional support animals.

While HUD will not enforce fair housing laws in the case of untrained emotional support animals, landlords could still be liable in civil courts or under state fair housing regulations. Given this recent change in HUD policy, it’s a good idea to consult with a local attorney regarding collecting pet fees for an untrained emotional support animal. 

Regardless of whether landlords are able to collect a pet deposit, tenants are still responsible for any damage caused by the animal. Landlords may collect a regular security deposit in accordance with state laws and make deductions for damage beyond wear and tear. 

When May a Landlord Deny an Assistance Animal Accommodation Request? 

Landlords may not deny a trained service animal or trained emotional support animal request just because the landlord has a no-pet policy. In these situations, landlords may only deny a request: 

1. If there is no evidence of a disability or a disability-related need. 
2. The animal poses a direct threat to the health and safety of others. There must be a history of unprovoked attacks to determine that a service animal poses a direct threat. This determination cannot be based on breed, size, or appearance. 
3. The animal presents a risk of substantial harm that can’t be eliminated through reasonable accommodations. This must be based on actual behavior from the animal. 
4. The animal presents an undue financial or administrative burden for the landlord. This is a very narrow exception, and landlords must have substantial evidence to support this claim.
5. The animal will fundamentally alter the property owner’s business operations. This too is a narrow exception with a high burden of proof for landlords. 

Landlords may not deny a request for a trained assistance animal because of: 

• A no-pet policy or terms of a Pet Addendum 
• Breed or weight restrictions
• Concerns that the animal will cause damage
• A lack of certification or registration

However, these restrictions do not always apply to requests for untrained emotional support animals. Under the new HUD guidance, the federal government does not extend fair housing law protections to those requests. 

Frequently Asked Questions By Landlords About Service Animals and Emotional Support Animals 

What Is a Reasonable Accommodation Request for an Assistance Animal? 

A reasonable accommodation request is a request from a tenant to a landlord, asking the landlord to make an exception to a pet rule or policy to allow an individual with a disability to have a service animal or emotional support animal in a rental unit. Under the Fair Housing Act, landlords must promptly review reasonable accommodation requests by tenants. 

Can a Landlord Request Documentation for an Emotional Support Animal? 

Yes, if the disability or the disability-related need is not obvious, landlords may request documentation from a reliable source. The documentation must show a disability and make a connection between the disability and the use of a service animal or ESA. It does not need to show a diagnosis, medical records, or ESA registration. 

Can a Landlord Charge a Pet Fee for a Service Animal or Emotional Support Animal? 

Landlords may not charge a pet fee for trained service animals. Recent guidance from HUD suggests that landlords may be able to charge a pet fee for an untrained emotional support animal. However, given this recent policy shift from HUD, landlords should consult a local attorney before collecting a pet fee for an untrained emotional support animal. 

When Can a Landlord Deny an Emotional Support Animal Request? 

Landlords may deny a reasonable accommodation assistance animal request for a trained service animal if the tenant does not have a disability-related need for the animal, the animal poses a direct threat to the health and safety of others, the animal would cause substantial damage to the property, the accommodation would impose undue financial or administrative hardship on the owner, or it would fundamentally alter the owner’s rental business.

Landlords have broader rights to deny a request for an untrained service animal. However, it’s best to consult with an attorney to ensure compliance with all state laws and to reduce the risk of civil liability. 

Do a landlord’s weight and breed restrictions apply to assistance animals? 

No, if an animal qualifies as an assistance animal, a landlord’s pet policies – including size, breed, and weight – do not apply. Trained assistance animals are not considered pets under the FHA, so pet policies are generally not applied to assistance animals. 

Assistance Animal Accommodation Checklist for Landlords 

Landlords need to review reasonable accommodation requests for service animals promptly and on an individual basis. Knowing what you can and cannot ask ensures a legal and efficient review process. 

Here are two final tips for landlords: 

• If you’re unsure about documentation during the review process, it’s always a good idea to consult with a local attorney who has experience dealing with the ADA, FHA, and local fair housing laws.  
• Whenever possible, allow pets in your units. This reduces the number of reasonable accommodation requests you’ll receive and limits conflict over animals. 

Landlords with clear policies for dealing with pets and service animals help ensure transparency, reduce conflicts, and build a fair and legally compliant rental business.