Difficulty: Medium

Average Score: 67%

When a tenant who has a service or support animal applies to lease an apartment in a building that prohibits pets, which of the following is TRUE?

Rationale

Both state and federal laws require the landlord to allow any service or support animal.

Under the Fair Housing Act and various state laws, landlords are prohibited from denying housing to tenants with service or support animals, even in buildings with a no-pets policy. This protection ensures that individuals with disabilities can have the necessary assistance animals without facing discrimination.

A (Both state and federal laws require the landlord to allow any service or support animal.) CORRECT

This statement is accurate as it reflects the legal obligation of landlords under the Fair Housing Act and relevant state laws, which mandate reasonable accommodations for individuals with disabilities, including those who require service or emotional support animals.

B (The landlord must allow the service or support animal, but may charge an additional deposit.) YOUR ANSWER

While landlords must allow service or support animals, they cannot charge additional deposits or fees specifically for these animals. The law protects tenants from extra financial burdens related to their support animals, as these are considered necessary accommodations rather than standard pets.

C (The landlord may disallow the animal if there are no other animals permitted in the building.) YOUR ANSWER

This choice is incorrect because the presence of a no-pets policy does not apply to service or support animals. The law requires landlords to make exceptions for individuals with disabilities, regardless of the building's pet restrictions.

D (The landlord may disallow the animal if it is not federally registered as a support or service animal.) YOUR ANSWER

This statement is misleading as there is no requirement for service or support animals to be federally registered. The definitions of service and emotional support animals do not hinge on official registration, and tenants are not obligated to provide such documentation to their landlords.

Conclusion

Landlords are legally required to accommodate tenants with service or support animals under both federal and state laws, which protect individuals with disabilities from discrimination. The correct answer emphasizes the mandatory nature of these laws, while the incorrect options misinterpret the legal framework surrounding the rights of tenants with service or support animals. Understanding these rights is crucial for both landlords and tenants in ensuring compliance and fostering an inclusive living environment.

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