Landlord Rights and Obligations 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 Landlord Rights and Obligations flashcards as text
A landlord with a 'no pets' policy receives an ESA request. What is the landlord legally required to do?
Answer: Engage in an interactive process and consider a reasonable accommodation
Under the Fair Housing Act, landlords must engage in an interactive process to consider reasonable accommodation requests, even when a no-pets policy exists.
Which federal law primarily governs ESA accommodations in housing?
Answer: Fair Housing Act (FHA)
The Fair Housing Act (FHA) is the primary federal law that protects the rights of persons with disabilities to keep ESAs in housing.
A landlord asks a tenant requesting an ESA accommodation to describe the nature of their disability in detail. Is this permissible?
Answer: No, the landlord may only ask whether accommodation is needed and confirm disability-related need
Landlords may ask whether a disability exists and whether the ESA is needed because of the disability, but cannot demand detailed medical records or diagnoses.
A landlord has a legitimate concern that an ESA poses a direct threat to other residents. What must the landlord do before denying the request?
Answer: Conduct an individualized assessment of the specific animal's actual risk
The direct threat defense requires an individualized, fact-based assessment of the specific animal — not a blanket assumption based on size, breed, or species.
Can a landlord require a tenant with an ESA to use a separate entrance to the building?
Answer: No, requiring a separate entrance would be discriminatory
Requiring an ESA owner to use a separate entrance constitutes discriminatory treatment under the Fair Housing Act.
A landlord wants to interview or evaluate the ESA before granting an accommodation. Is this allowed?
Answer: No, the landlord cannot require the animal to pass any test or evaluation
Landlords cannot require ESAs to undergo behavioral tests or evaluations as a condition of granting the accommodation.
How long does a landlord generally have to respond to an ESA accommodation request before it may be considered an unlawful delay?
Answer: A reasonable time, typically interpreted as 10 business days or less
HUD guidance indicates that landlords must respond within a reasonable timeframe, often interpreted as about 10 business days, or risk being found in violation.