How long does a landlord have to answer?

There is no single federal deadline. The duty is to respond promptly, and an unexplained delay can amount to a constructive denial.

Can they make me move to a different unit?

Relocation can be a reasonable accommodation in some circumstances, but moving you to a worse unit because of the animal is not, and a charge for the move is arguable.

Do I have to tell them before I move in?

You can request an accommodation at any time, including after moving in. Requesting it first is almost always easier, because it separates the accommodation question from any complaint about the animal.

Emotional support animals in apartments

Housing situationsLast reviewed Sep 15, 2026

The ordinary case, and the one every other page on this site is a variation of.

The mechanism

A landlord subject to the Fair Housing Act must make reasonable accommodations in rules, policies and services where that is necessary to give a person with a disability equal opportunity to use and enjoy a dwelling. Waiving a no-pets policy for an assistance animal is the textbook example. The animal is not a pet, so the pet rules are the thing being excepted.

One thing to hold in mind throughout: HUD rescinded its 2020 assistance animal guidance on 22 May 2026 and now finds reasonable cause only where an animal is individually trained to perform work or tasks. The Fair Housing Act itself is unchanged and the private right of action is unchanged, but the administrative route that used to make these arguments easy has narrowed.

What a landlord may ask

Where the disability is not obvious, reliable documentation of the disability and of the disability-related need for the animal.
Nothing about the nature or severity of the condition, no diagnosis, and no medical records.
No certificate, registration, licence or training record for the animal, because none of those exist.

Where requests actually fail

Not on the law, usually. They fail because the documentation does not name the clinician's licence details, or comes from somebody who never assessed the tenant, or arrives after the animal has already moved in and generated complaints. The first two are fixable before you submit. The third is not.

Buildings that are exempt

The Fair Housing Act does not reach owner-occupied buildings of four units or fewer, or single-family houses rented by an owner who owns no more than three and uses no agent or discriminatory advertising. These exemptions are narrower than landlords tend to believe, and state or local law often reaches further than the federal Act does.

Common questions

How long does a landlord have to answer?: There is no single federal deadline. The duty is to respond promptly, and an unexplained delay can amount to a constructive denial.
Can they make me move to a different unit?: Relocation can be a reasonable accommodation in some circumstances, but moving you to a worse unit because of the animal is not, and a charge for the move is arguable.
Do I have to tell them before I move in?: You can request an accommodation at any time, including after moving in. Requesting it first is almost always easier, because it separates the accommodation question from any complaint about the animal.