Assistance Animal Accommodations: Fair Housing Complaints Still a Huge Risk in Washington

Accommodation of assistance animals has been a trigger for heated conversation among housing providers for years. Any property owner that has survived particularly expensive damage caused by a tenant’s animal is prone to feel abused by the requirement to accommodate them, especially without charging extra deposits or fees. The desire to find a workaround is strong, so when we hear inklings in the news that things might be changing, we might be enticed to stretch the boundaries with our policies.

Members have been asking about recent news potentially affecting how assistance animals are to be accommodated.

• June 2024: SCOTUS ruling overturned the 1988 Chevron Doctrine, which allowed administrative departments (like HUD) to issue guidance for interpreting laws. This reversal places the responsibility back on the courts.
• July 2025: Henderson v. Five Properties, LLC, a Louisiana District Court ruling, held that a landlord could charge pet fees for an assistance animal if the fees were reasonable and the tenant could afford paying them without undue burden.
• September 2025: Notice of Withdrawal of FHEO Guidance Documents.

hud.gov/sites/dfiles/Main/documents/Notice-of-Withdrawal-of-Guidance-Documents.pdf

• For guidance not withdrawn, see Joint Statement of the Department of Housing and Urban Development and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, May 17, 2004.

 justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf

Although these recent developments impact, or potentially impact, federal law, Washington has its own fair housing laws under RCW 49.60, the Washington Law Against Discrimination (WLAD), as do many cities in Washington State, which are often more protective of tenants than federal requirements. Washington entities that investigate fair housing complaints may potentially treat the WLAD and local laws as more protective than the federal Fair Housing Act. Following are a few examples of such local laws:

• SMC 14.080.020 defines a service animal as “an animal that does work for, performs tasks for, or provides medically necessary support for the benefit of an individual with a disability” and defines a disability as “a sensory, mental, or physical impairment that” either exists or is believed to exist.
• Nonbinding material (no citations) on the SOCR website:
  seattle.gov/rentinginseattle/housing-providers/moving-a-tenant-in/pets-vs-service-animals
  
  
• Washington Human Rights Commission guidance on assistance animals.
   hum.wa.gov/fair-housing/disability-housing
• The Washington Law Against Discrimination narrowly defines service animals but explicitly excludes this narrow scope from fair housing rules (RCW 49.60.040(25)). This is generally treated as meaning that accommodations which are larger in scope are still reasonable in the housing context. See RCW 49.60.222(2)(b), where granting an accommodation and using a trained animal are different accommodations.

By handling all accommodation requests, including those for assistance animals, according to the following guidelines found in the RHAWA Support Center, you may reduce the chances of facing an expensive and time-consuming fair housing complaint.

Reasonable Accommodations in Rental Housing

Under the Fair Housing Act and Washington State law, residential tenants with disabilities have the right to reasonable accommodations or modifications. Common disability accommodation requests include assistance animals, additional occupants for caregiving, reserved parking, or transfers. Modification requests include permission to install wheelchair ramps, handrails, and other physical changes to the rental property. These types of modifications are generally done at the tenant’s expense.

Failure to process requests appropriately is the cause for over 50% of all fair housing complaints, and most of these are regarding assistance animals. A fair housing complaint can result in thousands of dollars in fines, attorney fees, and other costs.

If the disability or need for the accommodation is not obvious, the housing provider can request a letter from a licensed care provider (doctor, therapist, clergy, etc.) stating that the tenant is disabled and needs the specific animal or other accommodation due to their disability. The housing provider can request specific documentation for each animal or other accommodation requested, but only if the need is not obvious.

If a request results in an unreasonable financial or administrative burden or would change the nature of the housing provider’s business, they must work with the tenant to find a reasonable alternative solution. If at any time a tenant requests an accommodation and it becomes challenging to find a mutually acceptable solution, consider consulting an attorney before denying the request.

The housing provider should think of the assistance animal as an extension of the tenant, like a wheelchair. Therefore, it follows that:

• They are prohibited from applying any fees or special policies, with one exception. It is OK to require that the animal is in compliance with local laws, including any license or vaccination requirements.
• If the animal disturbs other tenants, makes a mess, or damages property, they may serve notice to the tenant to comply with rules or vacate.
• The tenant may be held liable for any damage the animal does to property or persons.

In a multifamily building, other tenants may complain about the presence of an animal in a no-pets building. It is acceptable to explain that the animal’s presence is due to a disability accommodation under the Fair Housing Act, but do not share any details about the tenant or their disability.

Processing Accommodation Requests

When processing an accommodation or modification request from a tenant with a disability, the housing provider can take steps to confirm that (A) there is a disability-related need, and (B) the request is reasonable. Throughout this process, always treat the person with respect. Remember, a complaint can be filed and investigated based on perception alone.

TEST A: Is There a Disability-Related Need?

1. Is the disability and need for accommodation apparent, obvious, or already known?
       If NO, continue to the next step.
       If YES, skip to Test B.
   
   
2. Can they provide a letter from a care provider?
   A letter from a qualified third party must state that the individual has a disability and a disability related need for the specific accommodation requested. (Do not ask about the nature of the disability.)
       If NO, you may deny the request.
       If YES, continue to Test B.

TEST B: The Request Must Be “Reasonable”

1. Do any of the following grounds for denial exist?
   a. It would impose a significant, undue financial or administrative burden.
   b. It would fundamentally alter the nature of the housing provider’s services.
   c. It would pose a direct threat to the health or safety of others.
   d. It would cause substantial physical damage to the property.
       If NO, you must grant the request.
       If YES, continue to the next step.
   
   
2. Is there an alternative reasonable accommodation that would meet the requester’s disability-related needs?
   Following an interactive (documented) process, work with the requester to determine if there is      an alternative accommodation that would effectively address their disability-related needs.
   If you are unable to agree on a reasonable solution, consult with your attorney.

A few final thoughts if you’re worrying about catastrophic animal damage, consider the following. First, most experienced housing providers recognize that residents will do almost anything to keep a loved pet in their homes, including speaking to their doctor about anxiety or depression and obtaining a note. Having a “pets welcome” policy with some extra fees or deposits, and a few clear, well-enforced rules, often puts the owner in a better position to protect property while keeping doors open for the 70% of renters who have pets. Second, using damage-resistant materials in your rentals is key. When replacing carpet, consider upgrading to luxury plank vinyl, covering flat paint with washable gloss finishes, and choosing easy-maintenance landscaping. Finally, and most importantly, conduct annual mid-term inspections to catch and correct damaging behaviors before they lead to disastrous results.

Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent that your selection or execution of this information is appropriate for your specific circumstances. The material contained herein, although obtained from reliable sources, is not considered legal advice or a substitute for legal counsel.