National Real Estate Exam (PSI)Practice of Real EstateMedium
A tenant who is deaf requests that her landlord allow her to keep a hearing-assistance dog in a 'no pets' apartment building. Under the Fair Housing Act, this request is best characterized as a request for:
- AA reasonable accommodation, because it involves a change in rules or policies to allow equal use of housing
- BA reasonable modification, because it involves a physical change to the property
- CA request that only applies to properties receiving federal funding
- DAn unlawful request, since 'no pets' policies are absolute and apply to all tenants equally
Show answer & explanationAnswer & explanation
Correct answer: A. A reasonable accommodation, because it involves a change in rules or policies to allow equal use of housing
A reasonable accommodation is a change in rules, policies, or services (such as waiving a no-pets policy) that allows a person with a disability equal opportunity to use and enjoy housing. This differs from a reasonable modification, which involves a physical alteration to the property (such as installing a ramp).
Why the other options are wrong
- B. No physical change is being made to the unit; this is a policy exception, making it an accommodation, not a modification.
- C. The Fair Housing Act's reasonable accommodation requirement applies broadly to housing providers, not just federally funded properties.
- D. Landlords must make exceptions to otherwise-applicable policies for tenants with disabilities under the Fair Housing Act.
Reasonable Accommodation
A reasonable accommodation is a change in rules, policies, practices, or services that allows a person with a disability equal opportunity to use and enjoy housing, such as waiving a no-pets policy for an assistance animal.
- Distinct from reasonable modification, which involves physical structural changes
- Assistance/service animals are not considered 'pets' under fair housing law
- Landlords must grant accommodation requests unless they impose undue financial or administrative burden
Memory trick: Accommodation changes the rule; modification changes the room.