Can a landlord get into trouble for something they claim they didn’t know? In fair housing, the answer may be yes. A court case involving a rental applicant and her emotional support animal shows why landlords need to pay attention to what prospective tenants communicate—not just the exact words they use.
The case involved Ashley McClendon and Sarah Gailey, who applied to rent a property from Peter Bresler in 2020. The rental advertisement stated that dogs were not allowed, but Gailey contacted the landlord to request permission for McClendon’s support animal, a 50-pound terrier mix named Tinkerbell.
The landlord objected to the dog’s size and ultimately denied the rental application. Although the applicants did not spell out McClendon’s specific disabilities, their emails described the animal as a verified support animal and referred to reasonable accommodations and disability-related protections.
The landlord argued that he had not been given enough information to know the applicant had a disability. Initially, a federal district court agreed. But the Ninth Circuit Court of Appeals overturned that decision in December 2022, explaining that a person requesting an accommodation for a service or assistance animal does not necessarily have to explicitly disclose a disability to receive fair housing protections.
The case returned to the lower court, which awarded McClendon $14,800 in damages in March 2023. The court found that the landlord reasonably should have known about her disability based on the communications he received.
What does this mean for landlords and real estate professionals in 2026?
The lesson is simple: Pay attention to what applicants are telling you. A request involving an assistance animal may trigger responsibilities under fair housing laws, even when the person has not disclosed a specific diagnosis.
Here are three important reminders:
- Avoid blanket rules. A strict no-pets policy does not automatically eliminate a housing provider’s obligation to consider a reasonable accommodation for an assistance animal.
- Take requests seriously. References to a support animal, a disability-related need, or a reasonable accommodation should prompt a careful review rather than an automatic rejection.
- Communicate before making decisions. When a request raises questions, follow the applicable fair housing procedures and seek qualified legal guidance when necessary.
The bottom line? In real estate, what you know—and what you reasonably should have understood—can make a significant difference. Clear communication, thoughtful decision-making, and a willingness to follow fair housing requirements can help protect both housing providers and the people seeking a place to call home.
Source: REALTOR® Magazine
“What Did the Property Owner Know?”
National Association of REALTORS®
