In recent years, there has been a fast rise in assistance animal requests. In 2025 there has been major legal changes that mean property managers must update how they review these requests. With the withdrawal of HUD guidance documents, the overturn of the Chevron doctrine, and the rise of animal assistance requests; property managers are facing a new reality in 2025. PetScreening, a leading pet policy management software, recently held a webinar discussing what these changes mean in the scope of property management laws and guidelines.
In June of 2025 the Supreme Court overturned the Chevron Doctrine. Which required the courts to defer to federal agency interpretations of vague statutes. This reversal has given the courts the job to interpret these statutes, it is up to the court’s judgement as to the ruling, they are no longer allowed to rely on HUD or other agency guidance. July 2025, the Henderson v. Five Properties LLC case set a precedent in interpreting these animal assistance requests. The ruling in this case shows that housing providers are not required to automatically waive pet fees for assistance animals. Later in September of 2025, HUD withdrew their 2013 and 2020 guidance documents, leaving only the 2004 joint HUD and DOJ statement for housing providers to refer to.
According to PetScreening data, only about 40% of assistance animal requests receive a recommended status. Assistance animals are granted the recommended status if there is a reasonable necessity for the animals’ function. An assistance animal cannot be denied based on their breed, only through documented behavioral issues. If a tenant is to submit requests for multiple animals, there must be a distinct need for all the animals. For example, a disabled person confined to a wheelchair has two service dogs who pull their chair. The animals perform the same function, but there is necessity for both. The housing provider may charge pet rent or deposit while the renter is waiting for the decision on their assistance animal request. However, if the decision comes back as recommended than the housing provider must refund the amount they paid for pet rent or deposit.
What does this mean for property managers? To stay compliant with these new changes here are some practical tips. Use consistent screening pathways, if the assistance animal is there for support or service. It is always best to document the interactive process; this ensures a defensible record if a complaint or legal issue arises. Property managers should rely on current law and persuasive guidance, not the withdrawn HUD notices, leaving the joint HUD and DOJ statement from 2004. As always, maintain transparent communication with residents, remain honest and fair.
With laws shifting quickly, staying informed and using structured screening tools helps housing providers and property managers make fair, compliant decisions every time. At Sin City Real Estate and Management, your leading property management company, we use the fair housing compliant PetScreening.com to go through each of our reasonable accommodation requests. We always advise our owners on tenant rights. It is never a good idea to put ourselves in a position where we are mistakenly approving or denying someone that has a reasonable request. It is our job to stay up to date on any changes that happen in the industry, this is to ensure our clients are protected and our tenants’ rights do not get violated.
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