Academy/Fair Housing & Owner Rights
Medical documentation and privacy
The Fair Housing Act limits what a board may ask for, who can provide it, and what it can cost the resident.
A board may ask only for what confirms three things: that the resident meets the Act's definition of disability, what accommodation is needed, and how the disability connects to that need. Medical records and diagnosis details are not required. No fee, deposit, or added rent may be charged for granting the request.
What You May Ask For
When a resident's disability or the need for an accommodation is not obvious, a board may request documentation, but only for three narrow purposes: proof the resident meets the Act's definition of disability, a description of the accommodation being requested, and information showing how the disability connects to that need.
"(1) is necessary to verify that the person meets the Act's definition of disability... (2) describes the needed accommodation, and (3) shows the relationship between the person's disability and the need for the requested accommodation."
Source: Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
That verification does not have to come from a physician. It can come from the resident, a treating professional, a peer support group, or another reliable third party who has knowledge of the disability or the need.
Two Limits That Protect Privacy
Two rules keep a documentation request from turning into an interrogation. First, a full medical file is almost never justified. Second, meeting the request cannot cost the resident anything.
"in most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary."
Source: Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
"Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation."
Source: Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
That no-fee rule covers a reasonable accommodation of any kind, including an assistance animal that would otherwise fall under a no-pets rule or a pet deposit.
Service Animals Follow a Narrower, Separate Rule
Do not reach for the ADA's rules when a resident's own dwelling is involved; see ADA vs Fair Housing Act for why the two laws point to different tests. Where the disability and the need for a service animal are not obvious, a board may ask only two questions.
"(1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?"
Source: Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice
No certification, registration, or professional training program can be demanded either. A resident is free to train the animal themselves.
This Area Is Currently Unsettled
The two HUD documents that gave boards the most specific instructions on assessing an assistance-animal request, FHEO Notice 2013-01 and FHEO Notice 2020-01, were withdrawn by HUD in September 2025 and formally removed in April 2026. HUD's stated reason was that earlier guidance may have gone beyond what the underlying statute requires. The statute and its regulation are unchanged; what disappeared is the detailed how-to material boards had relied on for years.
Treat any close or unusual documentation question, especially around assistance animals, as a reason to loop in counsel before deciding. See When to involve counsel.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A resident requests an emotional support animal and the need is not obvious. What can the board request?
A resident's dog is not wearing any gear and the disability is not obvious. The resident says it is a service animal. What may the board ask?
A board approves a resident's assistance animal request. Can it still charge the standard pet deposit?
Sources
- Fair Housing regulations, 24 CFR Part 100, U.S. Department of Housing and Urban Development
- Reasonable Accommodations Under the Fair Housing Act, HUD and U.S. Department of Justice
- Frequently Asked Questions about Service Animals and the ADA, U.S. Department of Justice, Civil Rights Division
- HUD Publishes Notice Removing Fair Housing Guidance Documents, National Low Income Housing Coalition
Fair Housing & Owner Rights
Next, walk through the full intake and decision process in Handling accommodation requests.
What counts as reliable third-party verification, and whether state law adds its own privacy protections on top of federal law, varies by state, check your state fair housing law before adopting a documentation policy. HUD's specific guidance on assistance-animal documentation was withdrawn in 2025 and has not been replaced, so the exact standard boards should apply there is currently unsettled.