Florida Real Estate Broker ExaminationReal Estate Brokerage ManagementEasy
A Florida real estate broker is managing an apartment complex. A prospective tenant with a service animal applies for a unit. The complex has a 'no pets' policy. What is the broker's legal obligation under Fair Housing laws?
- ACharge an additional pet deposit to cover potential damages caused by the service animal.
- BAllow the tenant and service animal, making a reasonable accommodation, and cannot charge a pet deposit.
- CDeny the application due to the 'no pets' policy, as service animals are still considered pets.
- DRequire the tenant to provide documentation proving the service animal is certified before allowing it.
Show answer & explanationAnswer & explanation
Correct answer: B. Allow the tenant and service animal, making a reasonable accommodation, and cannot charge a pet deposit.
Under the Fair Housing Act, service animals are not considered pets, and a 'no pets' policy does not apply to them. Landlords/brokers must make reasonable accommodations for individuals with disabilities, which includes allowing service animals without charging additional pet deposits.
Why the other options are wrong
- A. Charging a pet deposit for a service animal is illegal, as service animals are not pets.
- C. Denying based on a 'no pets' policy for a service animal is a violation of Fair Housing laws.
- D. While verification for an assistance animal may be requested if the disability or need is not obvious, requiring 'certification' is generally not permissible and goes beyond reasonable verification.
Service Animals & Fair Housing
Under Fair Housing laws, service animals are not pets; 'no pets' policies do not apply, and no pet deposits or fees can be charged for them.
- Service animals are not pets.
- 'No pets' policies do not apply.
- No pet deposits or fees can be charged.
- Reasonable accommodation is required.
Memory trick: Service animals serve, they aren't pets, so no fees or denials.