ESA ESA - Certified Emotional Support Animal Species and Animal Type Rules Questions and Answers 2

Question 1

Under HUD's 2020 guidance, what two-part assessment should housing providers use when evaluating an ESA request involving an unusual species?

Accepted 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

Answer

Whether the animal is registered AND whether it has passed a certified behavioral test

Answer

Whether the animal is licensed by the state AND weighs under 25 pounds

Answer

Whether the animal is insured AND has never had a complaint filed against it

Question 2

Can a housing provider enforce a breed restriction (e.g., no pit bulls) against a tenant's approved ESA dog?

Accepted 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

Answer

Yes, breed restrictions always supersede fair housing accommodation rules

Answer

Only if the restriction is written into the original lease

Answer

Yes, but only for dogs classified as aggressive breeds by the AKC

Question 3

What is the significance of an animal being 'individually assessed' rather than categorically excluded as an ESA?

Accepted Answer

It ensures fair housing law is applied based on the specific animal's behavior and characteristics, not its species or breed alone

Answer

It means the animal must pass a government-administered behavior test

Answer

It allows the housing provider to charge extra fees for unusual species

Answer

It requires the mental health professional to evaluate the animal directly

Question 4

A tenant has an ESA rabbit. The housing provider claims rabbits are not covered under the FHA. Is this correct?

Accepted Answer

No, HUD has not restricted ESA status to specific species, so rabbits can qualify

Answer

Yes, only dogs and cats are explicitly protected as ESAs under the FHA

Answer

Yes, rabbits require a special HUD waiver to qualify

Answer

No, but only if the rabbit has been certified by a licensed animal behaviorist

Question 5

What standard must a housing provider meet to deny an ESA request on the grounds of 'undue financial and administrative burden'?

Accepted Answer

The provider must show that accommodating the animal would impose significant difficulty or expense relative to the provider's resources

Answer

The provider must prove the animal has caused property damage in another unit

Answer

The provider only needs to state that costs are involved to invoke this exemption

Answer

The provider must obtain a court order before citing undue burden

Question 6

If a tenant's ESA has bitten another resident, can the housing provider remove the animal?

Accepted Answer

Yes, a documented bite that poses a direct threat to others' safety is grounds to revoke the ESA accommodation

Answer

No, once an ESA is approved the accommodation is permanent regardless of incidents

Answer

Only if the bite required hospitalization

Answer

Yes, but only after three documented biting incidents