Fair Housing Act (FHA) Regulations Flashcards
7 cards from real ESA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Fair Housing Act (FHA) Regulations flashcards as text
What is the maximum time HUD considers reasonable for a landlord to respond to an ESA accommodation request?
Answer: Ten business days is a commonly cited reasonable timeframe
While the FHA does not set a precise statutory deadline, HUD guidance and case law generally treat ten business days as a reasonable response window for ESA requests.
Which of the following animals could potentially qualify as an ESA under the FHA?
Answer: A rabbit that provides emotional comfort to a person with depression
The FHA does not limit ESAs to specific species; virtually any animal can qualify if it provides disability-related emotional support, subject to individualized assessment.
A landlord denies an ESA request claiming it would 'fundamentally alter' the nature of the housing. Under the FHA, when is this defense valid?
Answer: Only when the accommodation would require a genuine structural change or operational overhaul
The 'fundamental alteration' defense is narrow and valid only when the accommodation would require substantive changes to the core nature of the housing program or operations.
If a tenant's ESA request is denied and the tenant files a complaint with HUD, what is the statute of limitations for filing?
Answer: One year from the date of the discriminatory act
Under the FHA, a tenant must file a complaint with HUD within one year of the alleged discriminatory housing act.
How does the FHA define 'disability' for purposes of ESA accommodation?
Answer: A physical or mental impairment that substantially limits one or more major life activities
The FHA defines disability broadly as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having one.
A landlord wants to interview the tenant's mental health provider directly about the ESA need. Is this permitted under the FHA?
Answer: No, landlords may not contact or interrogate a tenant's healthcare provider
HUD guidance discourages landlords from directly contacting tenants' healthcare providers, as this exceeds what is necessary to verify an ESA accommodation request.
Which statement correctly describes the relationship between the FHA and the Americans with Disabilities Act (ADA) regarding ESAs in housing?
Answer: The FHA governs housing ESA rights; the ADA does not cover ESAs in housing
The FHA is the primary law governing ESA rights in housing; the ADA covers service animals in public accommodations but does not extend ESA protections to residential settings.