HUD, FAIR HOUSING & REASONABLE ACCOMMODATION

Not responding to a rental applicant’s request for a reasonable accommodation could be considered a violation of Fair Housing.  A local sales broker who had a rental listing last year, has been notified that a Fair Housing complaint has been filed against him and his firm.  According to HUD, a potential tenant told the listing broker that she had an emotional support animal and would like a reasonable accommodation to allow the animal, despite the owner’s no pet policy.  The broker requested a photo of the dog and offered to contact the owner for permission.  The potential tenant texted a photo of the dog and a copy of a doctor’s note that day.  The broker never got back to the applicant.  According to HUD, the lack of response, “constituted a denial to rent.”

A service animal, whether called an emotional support animal, a comfort animal or a support animal, is not a pet.  The landlord does not have the right to deny a documented service animal.  HUD fines tend to be in the tens of thousands.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.