ESA ESA - Certified Emotional Support Animal Species and Animal Type Rules Questions and Answers 2 — Questions and Answers
Question 1: Under HUD's 2020 guidance, what two-part assessment should housing providers use when evaluating an ESA request involving an unusual species?
- Whether the person has a disability-related need AND whether accommodating the specific animal is reasonable without posing a direct threat or undue hardship (Correct answer)
- Whether the animal is registered AND whether it has passed a certified behavioral test
- Whether the animal is licensed by the state AND weighs under 25 pounds
- Whether the animal is insured AND has never had a complaint filed against it
Correct answer: Whether the person has a disability-related need AND whether accommodating the specific animal is reasonable without posing a direct threat or undue hardship
HUD instructs providers to first confirm a disability-related need, then assess whether the specific animal can be accommodated without imposing a direct threat or undue burden.
Question 2: Can a housing provider enforce a breed restriction (e.g., no pit bulls) against a tenant's approved ESA dog?
- Generally no, because breed restrictions in a no-pets policy cannot override a valid ESA accommodation unless a direct threat is demonstrated for the specific dog (Correct answer)
- Yes, breed restrictions always supersede fair housing accommodation rules
- Only if the restriction is written into the original lease
- Yes, but only for dogs classified as aggressive breeds by the AKC
Correct answer: Generally no, because breed restrictions in a no-pets policy cannot override a valid ESA accommodation unless a direct threat is demonstrated for the specific dog
Breed-based blanket policies cannot automatically override an ESA accommodation; providers must assess the individual animal for direct threat rather than relying solely on breed.
Question 3: What is the significance of an animal being 'individually assessed' rather than categorically excluded as an ESA?
- It ensures fair housing law is applied based on the specific animal's behavior and characteristics, not its species or breed alone (Correct answer)
- It means the animal must pass a government-administered behavior test
- It allows the housing provider to charge extra fees for unusual species
- It requires the mental health professional to evaluate the animal directly
Correct answer: It ensures fair housing law is applied based on the specific animal's behavior and characteristics, not its species or breed alone
Individual assessment prevents blanket discrimination against species or breeds and requires providers to base decisions on the actual behavior and risk posed by the specific animal.
Question 4: A tenant has an ESA rabbit. The housing provider claims rabbits are not covered under the FHA. Is this correct?
- No, HUD has not restricted ESA status to specific species, so rabbits can qualify (Correct answer)
- Yes, only dogs and cats are explicitly protected as ESAs under the FHA
- Yes, rabbits require a special HUD waiver to qualify
- No, but only if the rabbit has been certified by a licensed animal behaviorist
Correct answer: No, HUD has not restricted ESA status to specific species, so rabbits can qualify
HUD has not created a species-specific list of approved ESAs; a rabbit can qualify so long as the individual has a disability-related need for the animal.
Question 5: What standard must a housing provider meet to deny an ESA request on the grounds of 'undue financial and administrative burden'?
- The provider must show that accommodating the animal would impose significant difficulty or expense relative to the provider's resources (Correct answer)
- The provider must prove the animal has caused property damage in another unit
- The provider only needs to state that costs are involved to invoke this exemption
- The provider must obtain a court order before citing undue burden
Correct answer: The provider must show that accommodating the animal would impose significant difficulty or expense relative to the provider's resources
Undue hardship is a high bar requiring evidence of significant financial or operational difficulty; it cannot be claimed simply because any cost or inconvenience is involved.
Question 6: If a tenant's ESA has bitten another resident, can the housing provider remove the animal?
- Yes, a documented bite that poses a direct threat to others' safety is grounds to revoke the ESA accommodation (Correct answer)
- No, once an ESA is approved the accommodation is permanent regardless of incidents
- Only if the bite required hospitalization
- Yes, but only after three documented biting incidents
Correct answer: Yes, a documented bite that poses a direct threat to others' safety is grounds to revoke the ESA accommodation
A direct threat to health or safety — such as a documented bite — allows a housing provider to revisit and potentially revoke an ESA accommodation.
ESA ESA - Certified Emotional Support Animal Species and Animal Type Rules Questions and Answers 2
Under HUD's 2020 guidance, what two-part assessment should housing providers use when evaluating an ESA request involving an unusual species?