Why Homeowners Association Boards in Charlotte, Raleigh, Greensboro, and Across the Carolinas Should Not Rush to Deny Emotional Support Animal Requests

Fair housing law continues to evolve, and few issues create more confusion for homeowners association boards and condominium associations than emotional support animals. Across North Carolina, South Carolina, Charlotte, Raleigh, Greensboro, and other communities throughout the Carolinas, boards are now asking whether recent guidance from the U.S. Department of Housing and Urban Development changes how associations should handle emotional support animal accommodation requests under the Fair Housing Act.

The short answer is no, but the situation is more nuanced than many headlines suggest.

A newly issued memorandum from the U.S. Department of Housing and Urban Development has shifted federal enforcement priorities regarding emotional support animals and trained service animals. Some community associations may mistakenly interpret the guidance as permission to automatically deny emotional support animal requests. That would be a serious governance mistake. The Fair Housing Act itself has not changed, state and local fair housing laws may still apply, and courts across the country continue to evaluate reasonable accommodation requests differently.

For homeowners association boards, condominium association leaders, and community association management professionals, this is not simply a legal issue. It is a governance issue involving risk management, homeowner communication, consistency, and responsible decision-making.

AMG recommends reviewing these matters with legal counsel.

This article from attorney Jim Slaughter explains what changed, what did not, and why associations should approach emotional support animal requests carefully and deliberately moving forward.