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Emotional Support Animals and Accommodation Disputes

13 minPRO
3/6

Key Takeaways

  • ESAs are FHA-protected; no pet deposits, fees, or breed/weight restrictions may be imposed.
  • HUD's 2020 guidance supports scrutinizing online ESA documentation but does not permit blanket denials.
  • The verification workflow: obvious disability = no verification; non-obvious = request from a provider with therapeutic relationship.
  • Document every step of the interactive process; respond to all ESA requests in writing within 14 days.
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Test Your Knowledge

1.Under current HUD guidance, can a landlord require documentation for an emotional support animal (ESA)?

2.Can a landlord deny an ESA request if the specific animal poses a direct threat?

3.What is the key distinction between service animals and emotional support animals under fair housing law?