Academy/Fair Housing & Owner Rights
Handling accommodation requests
A resident asks for an exception because of a disability. Here is the process that keeps your board on the right side of the Fair Housing Act.
When a resident with a disability asks you to change a rule, policy, or service, the Fair Housing Act requires you to respond promptly, verify need only if it isn't obvious, and grant the request unless it is unreasonable. Delay, silence, or a flat no without discussion can itself be treated as discrimination.
Start the clock the moment the request arrives
The Fair Housing Act does not set a fixed number of days to answer a reasonable accommodation request. But treating it as optional, tabling it until next month's meeting, or letting an email sit unread, carries its own risk. A slow response can be judged the same as a wrong one.
"A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation."
Source: Joint Statement of HUD and DOJ, Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
Log the date the request came in, who is handling it, and when the board will respond. That log is what protects the board if the timeline is ever questioned later.
Verify only when the need isn't obvious
If the disability or the connection between the disability and the request is already apparent, a board may not ask for anything further. Where it genuinely isn't obvious, a board can request only enough to confirm three things: that the person qualifies as disabled, what accommodation is needed, and how the disability connects to that need. Nothing more.
"In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary."
Source: Joint Statement of HUD and DOJ, Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
Verification can come from the resident, a treating professional, or another reliable third party, not only a doctor. And no fee, deposit, or added rent may ever be charged as the price of granting a request, including for an assistance animal.
Evaluate honestly, and keep talking before you say no
A board can decline a request only if it would impose an undue financial and administrative burden, weighed against the association's resources and whether a cheaper alternative exists, never on cost alone. If the request as made is not workable, the board should say so and start an interactive process: a back-and-forth conversation about what else would meet the same need. The resident still has the last word, though. If they believe an offered alternative won't work and their original request is reasonable, they are not obligated to accept the substitute.
Safety can justify a denial only under a narrow "direct threat" standard: an individualized, evidence-based risk to health, safety, or property that a reasonable accommodation cannot reduce. A general worry is not enough.
Put the decision in writing, and watch for retaliation
Document what was requested, what the board asked for and why, and the final decision. That record is the board's best evidence of a good-faith process if a complaint is ever filed. Keep in mind that HUD withdrew its most detailed guidance on assistance-animal documentation in 2025, so treat any specific checklist you find online with caution and lean on the statute itself.
Once a request is granted, the board's obligations aren't over. Enforcing rules more strictly against a resident because they made a request, or reported a problem, is a separate violation, retaliation, even if the original accommodation was approved without issue. See Retaliation.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A resident whose disability is not obvious asks to keep an emotional support cat despite the no pets rule. What can the board ask for next?
The board receives a reasonable accommodation request and takes ten weeks to respond because the topic never makes the agenda. What has the board done?
A resident asks for a reserved parking space near her unit. The board offers a different reserved space near the clubhouse instead, and she says it won't meet her needs. What should the board do?
Sources
- Fair Housing Act, 42 U.S.C. §§ 3601-3619, U.S. Congress (Cornell Legal Information Institute)
- Fair Housing regulations, 24 CFR Part 100, U.S. Department of Housing and Urban Development
- Joint Statement of HUD and DOJ, Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
- HUD Publishes Notice Removing Fair Housing Guidance Documents, National Low Income Housing Coalition
Related elsewhere in the Academy
Fair Housing & Owner Rights
Next, learn how to run the conversation itself once a request isn't a clean yes: the interactive process.
Some states set a specific deadline for responding to an accommodation request and require a written denial with reasons; federal law sets neither. HUD's own guidance on what documentation a board may request was withdrawn in 2025 and is currently unsettled, so confirm your state's fair housing law before writing this into a policy.