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 tenant wants to add a second ESA. Can a landlord deny the second animal request?
Answer: Yes, the landlord may evaluate each ESA request separately to determine if it is reasonable
Each ESA accommodation request is evaluated individually, and a landlord may assess whether a second ESA constitutes a reasonable accommodation based on the specific circumstances.
A landlord requires the tenant to obtain liability insurance naming the landlord as an additional insured before allowing the ESA. Is this permissible?
Answer: No, requiring the tenant to carry liability insurance as a condition of ESA accommodation is generally not permissible
Imposing additional conditions — such as mandatory liability insurance — as a prerequisite to ESA accommodation can constitute a Fair Housing Act violation.
What happens if a landlord retaliates against a tenant for requesting an ESA accommodation?
Answer: The landlord may face additional fair housing violations and civil liability for retaliation
Retaliating against a tenant for requesting a fair housing accommodation is itself a violation of the Fair Housing Act and exposes the landlord to additional liability.
A single-family home is rented without the use of a real estate broker. Does the FHA apply to ESA requests?
Answer: No, private single-family home rentals without a broker may be exempt from the FHA
Private owners renting single-family homes without a real estate agent and who own no more than three such homes may qualify for an FHA exemption.
A landlord accepts an ESA for a tenant but later discovers the ESA has grown significantly larger than described. Can the landlord revoke the accommodation?
Answer: No, the size alone is generally not a basis to revoke an ESA accommodation
Size changes alone do not justify revoking an ESA accommodation unless the animal causes actual damage or poses a documented direct threat.
A potential tenant discloses they have an ESA during the application process. Can the landlord reject their application solely because of the ESA?
Answer: No, denying a rental application solely because of an ESA constitutes disability discrimination
Refusing to rent to a prospective tenant solely because they have an ESA is a form of disability discrimination prohibited by the Fair Housing Act.
Which agency is primarily responsible for investigating Fair Housing Act complaints related to ESA denials?
Answer: Department of Housing and Urban Development (HUD)
HUD's Office of Fair Housing and Equal Opportunity (FHEO) is the primary federal agency that investigates FHA complaints, including those related to ESA denials.