A Florida real estate broker is operating a property management division. A prospective tenant with a service animal is interested in a rental unit in a building that has a strict 'no pets' policy. The building is a four-unit owner-occupied dwelling, and the owner does not receive any federal housing assistance. How should the broker advise the owner regarding this situation?
- ASuggest the owner charge an additional pet deposit and a higher monthly rent to accommodate the service animal.
- BInform the owner that due to the owner-occupied nature and small number of units, the property is likely exempt from Fair Housing Act provisions regarding service animals.
- CAdvise the owner to deny the application, citing the 'no pets' policy as a valid reason.
- DAdvise the owner that they must make a reasonable accommodation for the service animal, regardless of the 'no pets' policy.
Show answer & explanationAnswer & explanation
Correct answer: D. Advise the owner that they must make a reasonable accommodation for the service animal, regardless of the 'no pets' policy.
The Fair Housing Act (FHA) provides an exemption for owner-occupied dwellings with four or fewer units (the 'Mrs. Murphy' exemption), but this exemption is *negated* if the owner uses the services of a real estate broker. Since a broker is managing the property, the FHA applies, and the owner must make a reasonable accommodation for a service animal, which is not considered a pet.
Why the other options are wrong
- A. Charging extra fees for a service animal is illegal under the FHA as service animals are not considered pets and are a reasonable accommodation.
- B. This is incorrect advice. While the 'Mrs. Murphy' exemption exists, it does not apply when a real estate broker is involved.
- C. Denying an application solely due to a service animal is a violation of the FHA when the FHA applies, which it does here due to the broker's involvement.
Fair Housing Act: Service Animals & Broker Involvement
When a real estate broker is involved, the 'Mrs. Murphy' exemption (owner-occupied, four or fewer units) from the Fair Housing Act is negated. Therefore, the FHA applies, and a reasonable accommodation for a service animal (which is not a pet) must be made.
- FHA prohibits discrimination based on disability.
- Service animals are not pets, require reasonable accommodation.
- 'Mrs. Murphy' exemption (owner-occupied, 4 units or less) exists.
- Broker involvement negates the 'Mrs. Murphy' exemption.
- No additional fees for service animals.
Memory trick: Broker's hand in the deal? FHA is real; accommodate the animal, no appeal.