Other

TXR 2226General Information for Landlord Regarding Assistance Animals

Three-page informational notice a broker gives a landlord on handling and evaluating a request for an assistance animal under the Fair Housing Act. It covers the Act's general provisions and exemptions, defines assistance animal, service animal, emotional support animal, disability and major life activities, explains reasonable accommodation and the six grounds for refusing one, when and what additional information may be requested, internet certifications, animal deposits and fees, unique animals, breed / size / weight restrictions and insurance-policy conflicts, and closes with a broker-cannot-give-legal-advice warning. The broker's associate signs it and the landlord(s) sign an acknowledgment of receipt.

Source: TXR
Form Number: 2226
Category: Other
Revised: May 15, 2024

Used For

Residential Sales, RESIDENTIAL_LEASING

Form Outline

The TXR 2226 form is organized into the following sections:

  1. The Fair Housing Act
    Provides an overview of the Fair Housing Act including its prohibition on housing discrimination based on protected classes, three main exemptions (owner-occupied small buildings, FSBO single-family homes, religious organizations/private clubs), and enforcement at federal and state levels.
  2. Definitions
    Defines the core terminology including the distinction between service animals (dogs trained for specific tasks) and emotional support animals (trained or untrained animals providing therapeutic emotional support). Also defines disability and major life activities under the Fair Housing Act.
  3. Reasonable Accommodation
    Explains that refusing a reasonable accommodation constitutes housing discrimination. Lists six grounds on which a landlord may deny a request, and requires the landlord to discuss alternative accommodations if denying on any of those grounds.
  4. Requesting Additional Information
    Provides a three-tier framework for when and what documentation a landlord may request. Ranges from no documentation (both disability and need are apparent) to disability verification (neither is apparent). Includes examples of acceptable documentation and prohibitions on requesting medical records.
  5. Internet Certifications
    Warns that internet-purchased ESA certificates and registrations are insufficient on their own per HUD guidance. Describes what proper documentation should contain: patient name, professional relationship with healthcare provider, animal type, impairment description, and how the animal aids the patient.
  6. Animal Deposits or Other Animal Fees
    Clarifies that no animal-specific fees (deposits, pet rent, pet fees) may be charged for assistance animals. The accommodation cannot be conditional on fee payment. However, the tenant is responsible for any property damage caused by the animal beyond normal wear and tear.
  7. Unique Animals
    Establishes a two-track analysis: common household animals (easier standard -- just confirm disability-related need) versus unique animals (higher standard -- tenant must demonstrate specific therapeutic need for that particular animal type).
  8. Breed, Size, and Weight Restrictions
    Confirms that breed, size, and weight restrictions are inapplicable to assistance animals. Any denial based on threat must rely on the individual animal's documented behavior, not breed-based assumptions.
  9. Insurance Policy
    Addresses the intersection of insurance policy restrictions and assistance animal accommodations. An insurance conflict may constitute an undue burden, but HUD will independently verify the claim with the insurer and check for alternative insurance options.
  10. Broker and Landlord Signatures
    Page 3, under the bold "Broker cannot give legal advice… CONSULT AN ATTORNEY." warning: "This form was provided by:" → a "Broker's Printed Name" rule and the "By: … Broker's Associate's Signature … Date" rule; then "By signing below, I acknowledge that I received, read, and understand this information." → two "Landlord … Date" rules. Signature lines and their dates are e-sign tabs.

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