ESA ESA - Certified Emotional Support Animal Accommodation Request Procedures Questions and Answers 2 — Questions and Answers
Question 1: Can a housing provider charge a pet deposit or pet fee for an approved ESA?
- No, ESAs are not pets and cannot be subject to pet fees or deposits (Correct answer)
- Yes, a standard pet deposit is always allowed
- Only if the deposit is under $200
- Yes, but only for dogs over 25 pounds
Correct answer: No, ESAs are not pets and cannot be subject to pet fees or deposits
Because ESAs are a disability accommodation and not pets under the Fair Housing Act, landlords cannot charge pet-related fees or deposits for them.
Question 2: What happens if a tenant fails to respond to a housing provider's reasonable request for additional ESA documentation?
- The provider may deny the accommodation request without it being considered a fair housing violation (Correct answer)
- The accommodation must still be granted within 30 days
- The tenant can sue immediately for discrimination
- The provider must grant the accommodation by default
Correct answer: The provider may deny the accommodation request without it being considered a fair housing violation
If a tenant does not provide the requested documentation after a reasonable opportunity to do so, the provider may lawfully deny the accommodation.
Question 3: Which federal agency issues primary guidance on ESA accommodation requests in housing?
- The U.S. Department of Housing and Urban Development (HUD) (Correct answer)
- The U.S. Department of Justice (DOJ)
- The U.S. Department of Health and Human Services (HHS)
- The Federal Housing Finance Agency (FHFA)
Correct answer: The U.S. Department of Housing and Urban Development (HUD)
HUD is the primary federal agency responsible for issuing guidance and enforcing Fair Housing Act provisions, including those related to ESA accommodations.
Question 4: A housing provider has a strict no-animals policy. Does this policy exempt them from having to consider an ESA accommodation request?
- No, a no-pets policy does not override fair housing reasonable accommodation requirements (Correct answer)
- Yes, a documented no-animals policy is a valid exemption
- Only if the policy was in place before the Fair Housing Act
- Yes, if fewer than four units are in the building
Correct answer: No, a no-pets policy does not override fair housing reasonable accommodation requirements
Under the FHA, a blanket no-pets policy must yield to a valid ESA reasonable accommodation request unless allowing the animal would pose an undue hardship or direct threat.
Question 5: What is the purpose of requiring an ESA letter from a licensed mental health professional when requesting housing accommodation?
- To verify that the individual has a disability and a disability-related need for the animal (Correct answer)
- To register the animal with the federal government
- To certify the animal has passed a behavioral assessment
- To prove the animal is a specific breed approved by HUD
Correct answer: To verify that the individual has a disability and a disability-related need for the animal
The ESA letter establishes that the person has a qualifying disability and that the animal is necessary to afford equal opportunity to use and enjoy housing.
Question 6: Which of the following would most likely constitute a fraudulent ESA accommodation request?
- Submitting an ESA letter purchased from an online website with no real clinical evaluation (Correct answer)
- Requesting accommodation for a dog in a no-pets building
- Providing an ESA letter dated six months ago
- Requesting accommodation for a cat instead of a dog
Correct answer: Submitting an ESA letter purchased from an online website with no real clinical evaluation
Purchasing a letter from an online service that provides no genuine clinical assessment constitutes fraud and undermines the legitimate ESA accommodation process.
ESA ESA - Certified Emotional Support Animal Accommodation Request Procedures Questions and Answers 2
Can a housing provider charge a pet deposit or pet fee for an approved ESA?