ESA - Certified Emotional Support Animal Accommodation Request Procedures Questions and Answers Flashcards
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Read the first 6 ESA - Certified Emotional Support Animal Accommodation Request Procedures Questions and Answers flashcards as text
A new tenant is moving in and discloses an ESA before signing the lease. What should a housing provider do?
Answer: Engage in the interactive process and evaluate the accommodation request before applying any pet policy
The provider must engage in the interactive accommodation process and may not automatically deny tenancy based solely on a no-pets policy when an ESA is involved.
How does HUD's 2020 guidance affect online ESA documentation services?
Answer: It notes that online ESA letters alone may be insufficient if not supported by a genuine therapeutic relationship
HUD's 2020 guidance warns that documentation from online services with no legitimate clinical relationship may not constitute reliable disability verification.
Can a housing provider request updated ESA documentation if the original letter is more than one year old?
Answer: Yes, if the disability or disability-related need is not obviously permanent, updated documentation may be requested
For non-obvious or non-permanent disabilities, housing providers may reasonably request updated documentation to confirm the ongoing disability-related need.
What recourse does a tenant have if they believe their ESA accommodation request was wrongly denied?
Answer: File a complaint with HUD or a state/local fair housing agency
A tenant who believes their ESA accommodation was wrongfully denied may file a fair housing complaint with HUD or the applicable state or local agency for investigation.
Does the Fair Housing Act require housing providers to accommodate an ESA that has previously damaged property or threatened others?
Answer: No, a direct threat to health/safety or history of property damage can justify denial
Under the FHA, a direct threat to health or safety or documented history of property destruction provides a legal basis to deny or revoke an ESA accommodation.
If a housing provider needs to verify an ESA accommodation, which of the following is acceptable verification?
Answer: Confirming with the mental health professional that they provided the letter, without seeking diagnosis details
A housing provider may contact the mental health professional solely to confirm the authenticity of the letter, but cannot inquire about the specific diagnosis or condition.