Staff Answer
May 21, 2026 - 09:42 PM
We are not attorneys and cannot provide legal advice, but be very careful about treating this as a simple “pet violation.” An emotional support animal may be considered an assistance animal/reasonable accommodation under fair housing laws.
The lack of advance notice may be frustrating, but it is usually not by itself a safe reason to deny the request. A better approach is to respond in writing and begin the reasonable accommodation review process. If the tenant’s disability or disability-related need for the animal is not obvious, you can generally request reliable documentation supporting the need for the assistance animal. Avoid asking for detailed medical records or a diagnosis.
You may still require the tenant to follow reasonable rules, such as keeping the cat under control, preventing damage, handling waste/litter properly, and complying with health and safety rules. Assistance animals are generally not treated as pets, so pet rent, pet fees, or pet deposits can create fair housing problems, although tenants can usually be held responsible for actual damage caused by the animal.
A denial should only be considered after reviewing the request properly and documenting a legally valid reason, such as lack of required support after a proper documentation request, a specific direct threat, substantial property damage risk, or another reason allowed under applicable law.
Fair housing laws can vary by federal, state, county, city, municipality, and local rules, so before denying the request or issuing a violation, consult a local landlord-tenant/fair housing attorney. You can also ask a landlord-tenant attorney online here: https://american-apartment-owners-association.org/solutions/legal-help/
