An association may ask for information that is consistent with HUD's Guidance on Documenting an Individual’s Need for Assistance Animals in Housing* in order to conduct an individualized assessment of whether it must provide the accommodation under the Fair Housing Act. The lack of such documentation in many cases may be reasonable grounds for denying a requested accommodation.
As a best practice, documentation contemplated in certain circumstances by the Assistance Animals Guidance is recommended to include the following general information:
- The patient’s name,
- Whether the health care professional has a professional relationship with that patient/client involving the provision of health care or disability-related services, and
- The type of animal(s) for which the reasonable accommodation is sought (i.e., dog, cat, bird, rabbit, hamster, gerbil, other rodent, fish, turtle, other specified type of domesticated animal, or other specified unique animal).
Disability-related information. A disability for purposes of fair housing laws exists when a person has a physical or mental impairment that substantially limits one or more major life activities. Addiction caused by current, illegal use of a controlled substance does not qualify as a disability. As a best practice, it is recommended that individuals seeking reasonable accommodations for support animals ask health care professionals to provide information related to the following:
- Whether the patient has a physical or mental impairment,
- Whether the patient’s impairment(s) substantially limit at least one major life activity or major bodily function, and
- Whether the patient needs the animal(s) (because it does work, provides assistance, or performs at least one task that benefits the patient because of his or her disability, or because it provides therapeutic emotional support to alleviate a symptom or effect of the disability of the patient/client, and not merely as a pet).
It is also recommended that the health care professional sign and date any documentation provided and provide contact information and any professional licensing information.
—Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act, FHEO-2020-01 (pdf), p17.