ESAs | A Lesson in Fair Housing
I’m currently representing a townhome for sale in a small, close-knit subdivision comprised of just 12 units. As with many such communities, there are specific deed restrictions in place—one of which limits residents to two dogs per household.
Recently, an interested buyer reached out with a unique situation: she has three dogs, two of which are registered as emotional support animals (ESAs). Before even making an offer, she proactively contacted the homeowners association (HOA) directly—without involving me—to request an exception to the pet restriction.
Initially, the HOA denied her request based on the standing covenant. However, the buyer responded by referencing the Fair Housing Act (FHA) and the protections it offers individuals with disabilities, particularly as it relates to emotional support animals. This prompted the HOA to reconsider, and they ultimately approved her request.
Curious to fully understand the legal framework and nuances of this situation, I contacted a friend who is an attorney for our local real estate board. He offered a helpful explanation: under federal Fair Housing guidelines, emotional support animals are not considered pets, but rather auxiliary aids akin to medication or medical equipment. In this context, he said, “This buyer really only has one dog—because the other two are her ‘medicine.’” That phrasing helped it all click for me.
The Fair Housing Act, enforced by the U.S. Department of Housing and Urban Development (HUD), requires housing providers, including HOAs, to make “reasonable accommodations” for individuals with disabilities. This includes allowing emotional support animals even when there are pet restrictions in place. While housing providers can request documentation verifying the need for an ESA, they cannot deny accommodation based on arbitrary pet rules or breed restrictions if the need is legitimate.
This experience reminded me how vital it is for real estate professionals, HOAs, and sellers to stay educated on Fair Housing laws. The intersection between community rules and federal law isn’t always intuitive—but it’s critical to understand so that everyone’s rights and responsibilities are protected.
