For example, it is readily apparent when the dog is observed:

• guiding an individual who is blind or has low vision
• pulling a wheelchair
• providing assistance with stability or balance to an individual with an observable mobility disability

IMPORTANT: It is not necessary for a resident to use the words “reasonable accommodation,” “assistance animal,” or any other special words to request a reasonable accommodation under the FHA, or to make the request in writing.  A common mistake of associations is to dismiss a request to keep an animal because it is not clear that the request is a request for a reasonable accommodation.

Tips:

1. Associations should encourage a request to be made in writing (but note the association cannot require it to be).
2. If a request is made orally, such as by phone or in person, the board member or manager that receives the request should offer to fill out an application form for the person, if the association has one, or take careful notes of what is said.
3. Then, the association should keep a copy of all requests and communications regarding the keeping of an animal in case there is a later dispute about when or whether a reasonable accommodation request was made.

Observable and Non-Observable Disabilities

Under the FHA, a disability is a physical or mental impairment that substantially limits one or more major life activities. While some impairments may seem invisible, others can be readily observed. Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other types of impairments with observable symptoms or effects, such as intellectual impairments (including some types of autism), neurological impairments (e.g., stroke, Parkinson’s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Observable impairments generally tend to be obvious and would not be reasonably attributable to non-medical causes by a lay person.

Certain impairments, however, especially including impairments that may form the basis for a request for an emotional support animal, may not be observable. In those instances, a housing provider may request information regarding both the disability and the disability-related need for the animal. Housing providers are not entitled to know an individual’s diagnosis.

Documentation from the Internet

Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known.  HUD has stated that such documentation from the Internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal.

By contrast, many legitimate, licensed health care professionals deliver services remotely, including over the Internet. One reliable form of documentation is a note from a person’s health care professional that confirms a person’s disability and/or need for an animal when the provider has personal knowledge of the individual.

Information Confirming Disability-Related Need for an Assistance Animal . . .

• Reasonably supporting information often consists of information from a licensed health care 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 health care 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.
• For non-observable disabilities and animals that provide therapeutic emotional support, an association may ask for information that is consistent with that identified in the 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.
  * Information Identified in Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.

  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.

Example: A Unique Type of Support Animal

An individually trained capuchin monkey performs tasks for a person with paralysis caused by a spinal cord injury. The monkey has been trained to retrieve a bottle of water from the refrigerator, unscrew the cap, insert a straw, and place the bottle in a holder so the individual can get a drink of water. The monkey is also trained to switch lights on and off and retrieve requested items from inside cabinets. The individual has a disability-related need for this specific type of animal because the monkey can use its hands to perform manual tasks that a service dog cannot perform.