Understanding HUD Assistance Animal Verification Form Process

The HUD Assistance Animal Verification Form process can be a bit overwhelming, but don't worry, we've got you covered. The form is designed to help landlords and property managers verify the legitimacy of assistance animals in rental properties.

To start, you'll need to fill out the form with the tenant's information, including their name, address, and contact details. This is a crucial step in the process, as it helps to ensure that the tenant is who they claim to be.

The form also requires documentation from a licensed healthcare professional, such as a doctor or therapist, to verify the tenant's disability and the need for an assistance animal. This can be a bit of a challenge, but it's essential for a smooth process.

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Disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This can take many forms, and it's essential to understand that it's not just about physical limitations.

A Service Animal is a trained animal that assists individuals with disabilities, performing tasks directly related to their impairment. Oregon state law also refers to these animals as "assistance animals." Companion animals, on the other hand, provide emotional support, comfort, or companionship.

Here are some examples of animals that can qualify as ESAs (Emotional Support Animals):

Keep in mind that while these animals are commonly accepted as ESAs, other "unique" animals like reptiles, barnyard animals, monkeys, kangaroos, and non-domesticated animals may require additional documentation to justify their need.

It's worth noting that landlords cannot impose breed/weight restrictions or charge fees and deposits for ESAs. They must also respond to ESA requests promptly, within 10 days, and engage in an interactive dialogue with tenants about their requests.

Online certifications or registrations from websites are not acceptable as proof of an assistance animal. HUD considers these websites as taking advantage of people, wasting their money, because these registrations are irrelevant to the question of whether you approve their reasonable accommodation or not.

To verify a request for a reasonable accommodation, you only need to know if someone is disabled, meets the definition of disability, and if the animal is necessary to assist them because of their disability.

Here are some examples of acceptable documentation:

You don't have to provide your diagnosis, just proof of your disability and the disability-related need for the assistance animal.

The Fair Housing Act protects you from discrimination in housing on the basis of several factors, including disability. This means you can ask for a reasonable accommodation to help with your disability.

You can request a reasonable accommodation for an assistance animal at any time, even if you haven't moved in yet or are already facing eviction proceedings. It's a good idea to make the request in writing and keep a copy for your records.

To request a reasonable accommodation, state that you have a disability and describe how your assistance animal helps you with that disability. You can ask for a change to a "No Pets" policy or other housing rules to allow your assistance animal.

The landlord must grant your request unless one of the following exceptions applies: the animal would cause an undue administrative or financial burden, it would be a fundamental alteration of the service provided, it poses a direct threat to the health or safety of others, or it would cause substantial physical damage to property.

Here are some exceptions where a landlord can deny your request:

Remember, the landlord cannot exclude an assistance animal based on assumptions about behavior or breed. They must consider only the behavior of the specific assistance animal in question.

It's also worth noting that you can have multiple assistance animals, but you must show a connection between your disability and the help each animal gives you.

You don't have to pay a pet fee if you have an assistance animal. No, you're not considered a pet, and landlords must waive all pet fees or deposits for assistance animals.

Assistance animals are not pets, and landlords must treat them with respect. This means you won't have to pay pet fees, but you might still be responsible for any damage your animal causes.

If your landlord discovers your assistance animal after you've already brought it home, you can still submit a request for ESA accommodation. But be honest and transparent with your landlord about your ESA situation, and try to inform them prior to the animal moving in.

You can request ESA accommodation before or after acquiring your ESA, and landlords must consider your request even if you made it after bringing the animal into your home.

To request a reasonable accommodation for an assistance animal, you can make the request in writing or orally, and it's recommended to keep a copy of the request and supporting documentation. You can make the request at any time, even before or after acquiring the ESA.

You must be able to show a connection between your disability and the help the animal gives you. The documentation should establish that the animal is necessary to alleviate at least one identified symptom or effect of your mental or physical impairment.

You can ask for a change to the "No Pets" policy in your lease as a reasonable accommodation when you can show a disability-related need for your assistance animal.

Public programs operated by state or local governments, including schools, government buildings, and public parks, must allow people with disabilities to participate in programs and receive benefits without exclusion.

Reasonable accommodations must be made, including permitting a person to be accompanied by a service animal.

Under federal law, all programs, services, and activities of state and local government must be accessible by January 26, 1992.

Public programs may not charge a fee for bringing a service animal.

You can file a complaint with the Civil Rights Division of the Oregon State Bureau of Labor and Industries (BOLI) if you experience discriminatory conduct.

Compensatory damages may be awarded for "intentional discrimination" in a lawsuit.

You have the right to file a lawsuit under state law if your request is denied.

To get the protection of the ADA, you must file an administrative complaint within 300 days of the discriminatory conduct with the Oregon Bureau of Labor and Industries and/or the Equal Employment Opportunity Commission.

HUD has clarified how ESA requests should be submitted to landlords. You can make a request for accommodation of your ESA orally or in writing, and it can be made directly by you or by someone else on your behalf.

According to HUD, you don't need to submit a written request or use specific words like "reasonable accommodation" or "assistance animal." Simply letting your landlord know you're requesting to live with your ESA and submitting your ESA letter should be sufficient.

However, HUD does recommend specifying that you're requesting "reasonable accommodation" for an Emotional Support Animal to avoid any confusion.

You should keep a copy of your accommodation request and any supporting documentation for your records.

Here are some key points to keep in mind when submitting an ESA request to your landlord: