A Georgia property manager receives a request from a tenant with a documented disability to keep an assistance animal in a condominium unit that has a strict no-pets policy. How should this request be analyzed under fair housing law?
Correct Answer
A) As a reasonable accommodation request under disability provisions of the Fair Housing Act
Under the federal Fair Housing Act (42 U.S.C. § 3604(f)), as applied in Georgia through both federal enforcement and the Georgia Fair Housing Act (O.C.G.A. § 8-3-202), requests for assistance animals must be evaluated as reasonable accommodation requests under the disability provisions of fair housing law. HUD guidance and joint HUD/DOJ statements clarify that assistance animals are not pets—they are accommodations that enable persons with disabilities to have equal opportunity to use and enjoy a dwelling. The property manager must engage in an interactive process to evaluate whether the request meets the criteria for a reasonable accommodation, regardless of any no-pets policy.
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