A property manager is approached by a prospective tenant with a service animal, but the 'no pets' policy of the building is strictly enforced. The property manager informs the tenant that the animal is not allowed. Under the Fair Housing Act, what is the appropriate action for the property manager to take?
- ACharge an additional pet deposit for the service animal.
- BAllow the animal but require the tenant to sign an indemnity waiver.
- CRequest documentation verifying the animal is a service animal and make a reasonable accommodation.
- DDeny the application based on the 'no pets' policy.
Show answer & explanationAnswer & explanation
Correct answer: C. Request documentation verifying the animal is a service animal and make a reasonable accommodation.
Under the Fair Housing Act, a service animal (or emotional support animal, with proper documentation) is not considered a 'pet.' Landlords must make reasonable accommodations for individuals with disabilities, which includes allowing service animals, provided there is a verifiable disability-related need. Charging a pet deposit for a service animal is generally prohibited.
Why the other options are wrong
- A. Charging a pet deposit for a service animal is generally prohibited under Fair Housing laws as it's not considered a pet.
- B. While an indemnity waiver might be sought, the primary and required action is to make a reasonable accommodation for the service animal, not to treat it as a pet needing a waiver.
- D. Denying based on a 'no pets' policy without considering it as a service animal is a violation of Fair Housing.
Fair Housing Act (Service Animals)
The Fair Housing Act requires housing providers to make reasonable accommodations for individuals with disabilities, which includes allowing service animals (and often emotional support animals with proper documentation), even if there is a 'no pets' policy.
- Service animals are not considered 'pets' under the FHA.
- No pet deposits or fees can be charged for service animals.
- Housing providers can request documentation if the disability and need for the animal are not readily apparent.
Memory trick: Disability rights trump pet rules, accommodate reasonably.