Key takeaways
- On July 23, 2026, the U.S. Attorney's Office for the Eastern District of New York announced a settlement with the East Hampton Housing Authority resolving Fair Housing Act claims.
- The lawsuit alleged the authority refused, over roughly nineteen months in 2021–2022, to let a minor tenant live with his emotional support dog.
- The government alleged the authority took the position that emotional support animals do not qualify for reasonable accommodation — a position the settlement resolves.
- Terms include adopting an assistance-animal accommodation policy, notice, training, recordkeeping, federal monitoring, and $82,500 in damages to the family upon a release of claims.
What happened
According to the announcement, the United States sued the East Hampton Housing Authority under the Fair Housing Act after it declined to permit a tenant with a disability to keep an emotional support dog. The settlement requires the housing authority to adopt a written reasonable accommodation policy for assistance-animal requests, meet notice, training, and recordkeeping obligations so staff understand the law, and permit the United States to monitor compliance.
The release restates the underlying rule: the Fair Housing Act prohibits discrimination in the terms and conditions of rental based on disability, and requires reasonable accommodations in rules, policies, practices, and services when necessary to give people with disabilities equal opportunity to use and enjoy a dwelling.
What this means for landlords
The pattern in this case is the one that generates most assistance-animal liability: a blanket policy applied to a request that the law treats as an exception. A "no pets" rule is lawful. Applying it to an assistance animal without an individualized review is where cases begin.
Two practical points. First, an assistance animal is not a pet under fair housing analysis — pet fees, pet deposits, and pet rent generally do not apply, though a tenant remains responsible for actual damage the animal causes. Second, delay is itself a risk: the alleged nineteen-month standoff, not just the final answer, framed the case.
Action checklist
- Put a written reasonable accommodation policy in place and give it to every tenant and applicant.
- Accept requests in any form — verbal, email, or letter — and log the date received.
- Route requests to one trained decision-maker; set an internal response deadline measured in days, not months.
- Limit inquiries to what the law allows: when the disability or need is not obvious, request information supporting the disability-related need, not the diagnosis or medical records.
- Do not charge pet fees, pet deposits, or pet rent for an approved assistance animal.
- Document the decision and the reasoning in writing, and train anyone who talks to tenants — including part-time staff and contractors.
- If you intend to deny a request, get counsel involved before the denial goes out.
Related reading
Our overview of service animal and ESA rules walks through how these requests differ from pet policies.
Sources
- U.S. Attorney's Office, Eastern District of New York, "Settlement Agreement Reached with East Hampton Housing Authority to Resolve Civil Rights Lawsuit" (updated July 23, 2026) — https://www.justice.gov/usao-edny/pr/settlement-agreement-reached-east-hampton-housing-authority-resolve-civil-rights
This article is educational and is not legal advice. Fair housing outcomes depend on specific facts and on state and local law. Consult a licensed attorney before denying an accommodation request.