Landlord/HOA Rights Concerning Service Dogs

In housing covered by the Fair Housing Act, a person with a disability may request an exception to a no-pets rule when an assistance animal is necessary for equal use and enjoyment of the home. Housing accommodations use a different process from ADA access to stores and restaurants.

When documentation may be requested

If the disability and the need for the accommodation are both apparent or already known, a housing provider should not request additional disability-related information. If one is not apparent, the provider may request reliable information necessary to establish it. A clinician’s letter can supply that information, but it is not the only possible source, and a detailed medical history ordinarily is unnecessary.

Fees and responsibility

A housing provider cannot condition a reasonable accommodation on an additional animal fee or deposit. It may assess actual damage under the same policy applied to other residents. A request still needs to be reasonable and connected to a disability.

What changed in HUD’s guidance

HUD withdrew its 2013 and 2020 assistance-animal notices in September 2025. Those notices should not be presented as current authority. The Fair Housing Act and its reasonable-accommodation regulation remain in place. The DOJ and HUD joint statement on reasonable accommodations remains listed on DOJ’s current guidance page.

Describe the accommodation you need and keep a record of your request and the response. HUD explains how to report housing discrimination.