Pet Screening 101: Legal Considerations for Landlords, with Victoria Cowart

Introduction 

Pets have become a central part of the rental housing market. 59% of renters live with pets and approximately 30% of pets enter rental homes after the lease has already begun. 

Without a consistent pet screening process, you may not know which animals live at your property, whether they are vaccinated, or how to handle a tenant requesting a disability-related service animal accommodation. 

To learn more, we spoke to Victoria Cowart, vice president of education at PetScreening. During our exclusive REI Grove webinar (you can view the recording for free here), Cowart joined us to explain how pet screening works, how landlords can improve their pet policies, and where assistance animals fit into the process. As she explains it, clear and accommodating policies tend to give landlords greater oversight: 

With increased pet disclosure from your pet positivity, you’ll have a greater opportunity to actually decide which pets do and do not move in or visit your community, and you’ll have more pet revenue. 

What Is Pet Screening? 

Pet screening is the process of collecting and reviewing information about animals that will live in or visit a rental property. It is separate from tenant screening, which evaluates the applicant’s rental, credit, income, and background history. 

A pet screening process may document: 

• Whether the household has an animal 

• The animal’s species, breed, age, and approximate weight 

• Vaccination and veterinary records 

• Photos and identifying information 

• Behavioral or bite history 

• The resident’s acknowledgment of the property’s pet rules 

• If the resident is requesting a disability-related accommodation 

Screening is not just about approving or rejecting pets. It gives landlords knowledge about what is happening at their property and creates a written record that can be updated during the tenancy. 

As Cowart explains: 

When people are told they have to fill out a no pet, pet, or assistance animal profile to move in… and/or to renew a lease, you’re going to get higher pet population documentation. 

How Does Pet Screening Work? 

Although the exact steps depend on the landlord and screening provider, the process generally follows five stages. 

1. The Resident Declares Their Animal Status 

Applicants and current residents first identify themselves as one of the following: 

• A household with no animals 

• A household with one or more ordinary pets 

• A household requesting an accommodation for an assistance animal 

Requiring every household to complete this step prevents the process from singling out only people who disclose animals. It also gives the landlord a written no-pet record. If an animal later appears at the property, the landlord can ask the resident to update the information and determine whether it is a pet, visiting animal, or accommodation request. 

2. The Resident Creates an Animal Profile 

For an ordinary household pet, the resident submits information about the animal and uploads any required records. The landlord or screening provider can then compare that information with the written pet policy. 

A thorough profile should focus on the individual animal rather than treating breed or weight as a complete measure of risk. 

3. Records Are Reviewed 

The landlord or screening provider reviews the information for completeness and checks requirements such as vaccination status, pet limits, and property-specific restrictions. 

When appropriate and legally permitted, the reviewer may request missing information or clarify discrepancies. All applicants should go through the same standard process unless an accommodation is requested that requires an adjustment. 

4. The Landlord Makes a Decision 

After reviewing the profile, the landlord may: 

• Approve the pet 

• Approve the pet with lawful conditions 

• Request additional information 

• Deny the pet under the written policy 

• Begin a separate reasonable-accommodation review 

The decision and its reasoning should be documented. Consistent records become especially valuable when a resident challenges a fee, restriction, or lease-violation notice. 

5. The Profile Is Updated 

Each updated profile should include a clear completion or renewal date so landlords can confirm the information is current throughout the tenancy. But pet screening should not end at move-in, as residents may adopt another pet, temporarily host an animal, or request an accommodation during the lease. Cowart emphasizes the importance of accounting for mid-lease changes: 

We know at PetScreening, 30% of pets arrive mid-lease. 

She also explained that PetScreening’s no-pet, household-pet, and assistance-animal profiles “will renew every 12 months.” 

Breakdown of Pet Screening Profiles 

How Can a Landlord Prove You Have a Pet? 

The question “how can a landlord prove you have a pet?” commonly arises when an animal was not disclosed on the application or lease. 

A landlord may document an unauthorized animal through: 

• A resident’s written or verbal admission 

• An animal observed during a lawfully entered maintenance visit or inspection 

• Repeated barking or animal-related complaints 

• Pet waste or off-leash incidents documented in common areas 

Landlords should not enter a rental without the notice required by the lease and state landlord-tenant laws or use surveillance methods that violate a resident’s privacy. Also, before imposing a fine or pursuing a lease violation, landlords should document the evidence, contact the resident, and determine why the animal is present. 

Cowart recommends creating a formal visiting-pet policy so residents have a clear way to disclose temporary animals rather than hiding them. As she explains: 

Whatever your amount might be, whatever your language might be, it’s just a good idea to have as many policies that are a yes versus a no, so that the things that are going on, you have visibility into and some control over. 

A visiting-pet policy can outline the approval process, screening requirements, length of stay, applicable fees, and consequences for failing to disclose the animal. 

Is Pet Screening Legal? 

So, is pet screening legal? Generally, yes. Landlords may establish reasonable screening procedures for ordinary household pets, provided those procedures comply with the lease and applicable federal, state, and local laws. 

Legal problems can arise when a landlord: 

• Applies screening rules inconsistently 

• Uses pet screening to discriminate against a protected class 

• Treats every assistance animal as an ordinary pet 

• Charges fees that are prohibited by applicable law 

The Fair Housing Act prohibits disability discrimination and may require housing providers to make reasonable exceptions to ordinary rules when necessary for a person with a disability to use and enjoy a home. 

2026 HUD Update for Landlords 

On May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity issued new enforcement guidance confirming that HUD’s 2013 and 2020 assistance-animal notices had been rescinded. 

For HUD enforcement purposes, the memo says the agency will generally find reasonable cause for failure to waive a pet policy only when an animal has been individually trained to perform work or tasks related to a disability. Requests involving untrained emotional support animals are no longer presumed reasonable and will receive case-by-case review. 

However, this memo addresses HUD’s enforcement priorities. It does not eliminate a person’s ability to bring a private Fair Housing Act claim in federal or state court, and HUD stated that it intends to pursue formal rulemaking. State laws, local ordinances, subsidized-housing rules, and court precedent may create additional obligations. Landlords therefore should not treat the memo as blanket permission to deny every ESA request or automatically charge every animal-related fee. 

What Is the Difference Between Pet and Assistance-Animal Screening? 

An ordinary pet is kept primarily for companionship and is governed by the landlord’s standard pet policy. A disability-related animal involves a request to change or waive a rule as a reasonable accommodation. 

Cowart offers a practical distinction: 

Think presence for a support animal, usually, and purpose for a service animal. That’s usually quite the distinction. 

Cowart describes the service-animal pathway as generally focusing on whether the animal is needed because of a disability and what disability-related work or task it has been trained to perform, such as waking a tenant who suffers with PTSD from night terrors. For other accommodation requests, the landlord may need to evaluate whether reliable information establishes a qualifying disability, a disability-related need, and a connection between that need and the requested accommodation. 

What Does a Pet Screening Lawsuit Usually Involve? 

A pet screening lawsuit does not necessarily challenge the legality of pet screening itself. Disputes commonly concern how the landlord used the process. 

Claims may involve: 

• Denial of an assistance-animal accommodation 

• Pet fees or deposits 

• Insufficient or excessive documentation requests 

• Unauthorized-pet fines 

• Breed and weight restrictions 

• Inconsistent enforcement 

• Animal-related injuries or property damage 

• Privacy concerns during inspections or verification 

• And more 

Henderson v. Five Properties 

One recent case discussed during the webinar was Henderson v. Five Properties, LLC. The tenant requested that a generally applicable animal fee be waived for an emotional support animal. In July 2025, a federal district court granted summary judgment to the housing provider. The court concluded that the tenant had not shown the fee waiver was both necessary and reasonable under the circumstances. 

The ruling followed the Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine and held that courts must independently interpret statutes rather than automatically deferring to an agency’s interpretation. 

HUD later cited Henderson in its May 2026 enforcement memorandum. Still, Henderson was one federal district court decision involving a particular record and fee-waiver request. It did not establish a universal rule that all landlords may charge fees for all emotional support animals. 

How Can Landlords Create Better Pet Policies? 

Screening works best when it supports a clear, realistic pet policy. Cowart offered several recommendations during the webinar. 

Evaluate the Individual Animal 

Breed and weight do not tell the entire story. Landlords can consider other factors, such as behavior, vaccination status, age, prior incidents, and the resident’s ability to manage the animal. 

Insurance requirements and local breed laws may still affect the policy, but landlords should avoid assuming every animal of a particular breed poses the same risk. 

Track Vaccinations 

Current vaccination records protect residents, staff, maintenance professionals, contractors, and other animals at the property. 

The policy should identify which records residents must submit and when those records need to be renewed. 

Consider a Visiting-Pet Policy 

A complete ban on visiting pets may encourage residents to hide them. A defined visiting-pet process gives the landlord notice and allows the animal to be screened before entering the rental. 

The policy can establish: 

• Advance notice requirements 

• Maximum visit lengths 

• Screening requirements 

• Permitted charges where lawful 

• Conduct and waste rules 

• Consequences for nondisclosure 

Establish Procedures for Behavioral Complaints 

Landlords should have written procedures for common problems such as: 

• Excessive barking 

• Waste that is not removed 

• Animals running off leash 

• Aggressive behavior 

• Property damage 

• Repeated disturbances 

The procedure should explain how residents can submit complaints, what evidence is needed, and how the landlord will investigate. 

Address Unauthorized Animals Clearly 

The lease should define an unauthorized animal and explain the steps that follow a violation. Any fines must be permitted by applicable law and disclosed in the lease. 

Before enforcement, landlords should determine whether the animal is an ordinary pet, a temporary visitor, or the subject of an accommodation request. 

What Are the Benefits of Pet Screening? 

Pet screening gives landlords more than a list of animals. A consistent process can improve several parts of rental management. 

Greater Pet Disclosure 

When every household completes a profile, residents have fewer opportunities to assume that disclosure is optional. A visiting-pet policy can also bring temporary animals into the open. 

Better Risk Management 

Vaccination records, behavioral information, and updated profiles allow landlords to identify concerns before an incident occurs. 

More Consistent Enforcement 

Written profiles and decisions reduce reliance on memory or informal conversations. The landlord can demonstrate that residents received the same policies and review process. 

More Pet-Friendly Rentals 

Cowart emphasized that renters increasingly consider pet policies when deciding where to live. A policy can protect the property without making responsible pet owners feel automatically unwelcome. 

More flexible, transparent rules may expand the applicant pool and encourage pet-owning residents to remain at the property longer. 

Conclusion 

Pet screening gives landlords a structured way to document animals, evaluate risks, and apply pet policies consistently. The best systems separate ordinary pets from disability-related requests, encourage residents to disclose animals, and provide a clear process for visitors, vaccinations, behavioral complaints, and mid-lease changes. 

Because federal assistance-animal policy is changing, landlords should also review their procedures regularly and seek legal guidance before denying accommodations or assessing disputed fees. 

For more expert insight from Victoria Cowart, you can watch a recording of our webinar The Modern Pet & ESA Policy Playbook on REI Grove, or visit PetScreening directly to start your pet screening journey.

FAQs 

What happens during pet screening? 

During pet screening, residents declare whether they have no animal, a pet, or an assistance-animal request. They may also submit photos, vaccination records, and behavioral information. 

How can a landlord prove you have a pet? 

Landlords can use lawful evidence such as resident messages, observations during permitted inspections, documented complaints, common-area footage, or other forms of evidence. 

Is pet screening legal? 

Yes, pet screening is generally legal for ordinary pets. It must still comply with fair housing, privacy, lease, and state or local requirements. 

What pet screening lawsuit landlords should know about? 

Henderson v. Five Properties, LLC involved an ESA fee-waiver request. The court ruled for the housing provider, but the decision did not make all ESA fees legal nationwide. 

Can a landlord charge a pet fee for an emotional support animal? 

The answer depends on the jurisdiction and circumstances. Landlords should review applicable federal, state, and local law before charging an ESA-related fee. 

Can a resident be charged for damage caused by an assistance animal? 

Yes. Residents can generally be charged for actual damage caused by an assistance animal. This differs from charging an upfront pet fee or deposit. 

How long does pet screening take? 

According to Pet Screening, no-pet profiles take moments, and pet profiles typically take three to five minutes. Assistance-animal reviews may take three to five days. 

Can a landlord require pet screening after the lease begins? 

Yes, when the lease and applicable law allow it. Landlords should apply the process consistently and handle accommodation requests separately.