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Navigating Emotional Support Animal Accommodations

When chapter members request to bring an emotional support animal (ESA) with them to their chapter house, there is a unique set of challenges presented to the housing corporation: how to review requests, create and communicate clear guidelines for housing the animal, the impact on other members, and more.

While we have seen organizations take several different approaches to managing this process, one thing is true across organizations: housing corporations should be clear and consistent when creating and enforcing emotional support animal policies. Because of the legal requirements of the Emotional Support Animal Request process, it is important that you engage your national organization to help you navigate the process and ensure consistency from chapter to chapter of your organization. There are a few basic laws and policies that should be considered when creating your own procedure, which we outline below.

The Fair Housing Act (FHA) & Emotional Support Animals (ESAs)
The Fair Housing Act prohibits discrimination in renting, buying, or financing housing. In general, the FHA protects people with disabilities and requires housing providers to make reasonable accommodations for persons with disabilities. An ESA can be a reasonable accommodation, but can also be unreasonable. It is essential that an organization create and codify procedures to review ESA requests fairly and consistently across properties.

What’s Required in an ESA Approval Process
As stated above, it is crucial that your organization is clear and consistent when creating and enforcing an ESA policy. Some key points to consider are:

  1. Notification Requirements;
    1. A person with a disability must notify their housing provider if they need a reasonable accommodation and the provider must grant the request if it is reasonable, as a part of an interactive process between the resident and the property owner.
  2. Connection between ESA and Disability; and
    1. The ESA must provide a service to the person with a disability that is connected to that person’s disability.
  3. Whether a Reasonable Accommodation can be made.
    1. A reasonable accommodation is a change or adjustment made to a housing policy or practice that allows a person with a disability to equally use and enjoy their dwelling.
    2. Some accommodations can be unreasonable, and all requests should be subject to the same analysis.

Creating an ESA Approval Process
Housing corporations should be clear and consistent when creating and enforcing emotional support animal policies. The easiest way to accomplish this is to analyze requests at the national level and provide consistent guidance to local house corporations that may need to manage their own property’s requests.

Requests should be reviewed by a committee and be clearly outlined in the organization’s procedures. It’s also crucial to engage the member making the request throughout the review process. Members’ needs, paperwork, and circumstances can vary greatly. Ensuring that your process is navigable and reasonable will protect you from the consequences of a “take it or leave it” approach.

Once a request is reviewed, be sure to communicate a plan to the member. This should outline any reasonable accommodations being made or unreasonable accommodation requests that are being denied. If there are expectations of the member, such as keeping a dog on a leash, they should also be outlined and formally acknowledged by the member.

Common Pitfalls
Look out for common mistakes and misconceptions about ESA policies:

  • A request for a reasonable accommodation can be made at any time.
  • An organization cannot require a specific notification form so long as the required information is provided in writing.
  • While housing providers can request information to evaluate a person’s disability and related need, they are not entitled to know an individual’s diagnosis. It is appropriate for the housing provider to require documentation from the person’s health care professional that affirms a disability is present and that the ESA provides for the need related to that disability.
  • The need to fill the house does not qualify as an undue burden and does not make a request unreasonable. To deem a request unreasonable, some other circumstance(s) must be present.
  • An ESA policy cannot limit the size or breed of an ESA. However, it is permissible to deny a request because of specific issues with an animal’s conduct.

Making reasonable accommodations for members’ emotional support animals is key in effectively managing a property. By following these guidelines, you’re well equipped to create organization wide policies to consistently review requests and provide reasonable accommodations.

If you have questions about a specific policy or procedure or are looking for further advice, please reach out to your client executive or consult your inter/national headquarters.

This article is based on a presentation by Amy Hebbeler of Fraternal Law Partners, shared with MJ Sorority. With thanks to both Amy and Fraternal Law for sharing.