Request for Reasonable Accommodation - Assistance Animal

Step-by-Step Guide and Form for Requesting HOA Approval to Keep an Assistance Animal.

If a resident has disability and a rule, policy or practice of an association prevents the resident from having an equal chance to use and enjoy the resident's unit, the law requires the association to accommodate the resident by changing the rule, policy or practice as it applies to that resident, if reasonable (called a "reasonable accommodation").

A reasonable accommodation includes waiving or varying association rules to allow an individual with a disability to keep a service dog or a support animal (an “Assistance Animal”).  An Assistance Animal is an animal that works, provides assistance, performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability.

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A person requesting approval for a support animal must provide information that reasonably supports that the animal provides therapeutic emotional support with respect to the individual’s disability.  This usually consists of a statement from a licensed healthcare professional that is general to the condition but specific as to the individual with a disability and the assistance or therapeutic emotional support provided by the animal. Note that the information may be provided by any type of licensed healthcare professional.

A relationship or connection between the disability and the need for the assistance animal must be provided, particularly where the disability is non-observable or the animal provides therapeutic emotional support.

A template letter from a healthcare professional may be downloaded in the next question below.  Have your healthcare professional fill out the letter, then submit it with the request to the HOA.

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.

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Download the form letter and have your healthcare professional fill out the letter.  Then attach it to your application that you submit to the HOA.

download Form Letter from Health Care Professional  
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