California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium
A tenant with a documented disability requests permission to keep an emotional support animal in a no-pets apartment complex, and asks that the pet deposit be waived. The landlord must:
- AAllow the animal only if the tenant pays double the standard pet deposit
- BRequire the tenant to provide the animal's veterinary records before approving
- CGrant a reasonable accommodation and waive pet fees, since the animal is not considered a pet under fair housing law
- DDeny the request because emotional support animals are not service animals under the ADA
Show answer & explanationAnswer & explanation
Correct answer: C. Grant a reasonable accommodation and waive pet fees, since the animal is not considered a pet under fair housing law
Under the Fair Housing Act and California fair housing law, emotional support animals must be accommodated as a reasonable accommodation for tenants with disabilities, even in no-pets buildings, and landlords cannot charge pet deposits or fees for them. The ADA distinction for service animals applies to public accommodations, not housing accommodation law.
Why the other options are wrong
- A. Charging extra fees for an assistance animal violates fair housing accommodation rules.
- B. Landlords may request documentation of disability/need but not detailed medical or veterinary records.
- D. Fair housing law treats support animals differently from the ADA's public accommodation rules; denial would violate fair housing law.
Reasonable Accommodation — Assistance Animals
Landlords must waive no-pet policies and pet fees for tenants with disabilities who need assistance or emotional support animals.
- Applies under both federal Fair Housing Act and California law
- No pet deposit or extra rent may be charged for assistance animals
- Landlord may request reliable documentation of disability-related need, not medical records
Memory trick: Support animals aren't 'pets' — no fee gets set