A real estate broker is acting as a property manager for a residential complex. A tenant submits a written request to install a satellite dish on their balcony, which faces a common area. The lease agreement prohibits alterations to the exterior of the building without prior written consent from the landlord. What should the broker do?
- ADeny the request immediately, as the lease clearly prohibits such alterations.
- BInform the tenant that they may install the dish if it is not visible from the common areas.
- CApprove the request, as federal law generally protects a tenant's right to install satellite dishes.
- DAdvise the tenant that the request will be forwarded to the owner for consideration, and await the owner's decision.
Show answer & explanationAnswer & explanation
Correct answer: C. Approve the request, as federal law generally protects a tenant's right to install satellite dishes.
The Federal Communications Commission (FCC) Over-the-Air Reception Devices (OTARD) rule generally prohibits restrictions that impair the ability of residents to install, maintain, or use antennas, including satellite dishes, for over-the-air reception, in areas where they have exclusive use or control, such as a balcony.
Why the other options are wrong
- A. Denying outright without considering federal law could lead to a fair housing or FCC violation.
- B. Visibility is a factor, but the primary issue is the tenant's right to install, which is protected by federal law, not just contingent on invisibility.
- D. While owner consultation is often good practice, the broker should be aware of federal regulations that may override lease terms.
FCC OTARD Rule (Tenant Rights)
The Federal Communications Commission's Over-the-Air Reception Devices (OTARD) rule generally prohibits restrictions that impair a tenant's ability to install and use small antennas, including satellite dishes, in areas they control.
- Applies to areas under exclusive control, like balconies, patios, or rented yards.
- Overrules many lease provisions that prohibit such installations.
- Landlords can impose reasonable restrictions (e.g., safety, historic preservation) but cannot prohibit outright.
Memory trick: Tenant's dish on a balcony? Federal law often gives them the green light, overriding a general lease 'no'.