Can management require a resident to recertify an assistance animal at lease renewal time?
From JD Supra:
This is a hot button issue. If a disability is obvious, the answer is a clear no.
For example, if a resident with a sight disability uses a guide dog, we would not seek to recertify the disability and/or need for the animal. If the disability is not obvious, the answer is murkier. I have a federal court decision noting that for certain Emotional Support Animals addressing disabilities which may not be permanent, recertification at, for example, lease renewal time, is in and of itself is not improper.
However, many HUD officials take a contrary view – in that once management has approved an assistance animal, there is no need to ever take a second look. HUD has issued various assistance animal guidance over the past few years, but none has specifically addressed this point. I’ve defended a handful of these cases – but none have gotten to the point of a formal determination/opinion.
At least not yet.