Legal Rights and Protections 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 Legal Rights and Protections flashcards as text
Which of the following housing situations is generally EXEMPT from Fair Housing Act ESA requirements?
Answer: An owner-occupied building with four or fewer units where the owner lives on-site
Owner-occupied buildings with four or fewer units where the owner lives on-site (the 'Mrs. Murphy' exemption) are generally exempt from FHA requirements.
A property manager charges a tenant a $500 'pet deposit' for their ESA. What does the FHA say about this?
Answer: Charging a pet deposit for an ESA is generally prohibited under the FHA
Under the FHA, housing providers generally cannot charge pet deposits or fees for ESAs because they are not considered pets.
A tenant's ESA causes significant damage to an apartment. Who is responsible for the repair costs?
Answer: The tenant is responsible for any damage caused by their ESA
While the FHA requires accommodation of ESAs, tenants remain financially responsible for any actual damage their ESA causes to the property.
Under what law are individuals with mental health disabilities in housing protected when seeking ESA accommodations?
Answer: Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act
The Fair Housing Act and Section 504 of the Rehabilitation Act are the primary laws protecting individuals with disabilities seeking ESA accommodations in housing.
A landlord wants to verify an ESA letter obtained via a telehealth platform. What is a RED FLAG indicating the letter may be fraudulent?
Answer: The letter was issued after a brief online questionnaire with no actual clinical evaluation
A letter issued solely after a brief online questionnaire without a genuine clinical evaluation is a red flag for fraud, as legitimate ESA letters require a proper therapeutic relationship or evaluation.
Can a landlord ask an ESA owner about the specific nature of their psychiatric diagnosis?
Answer: No, the landlord may only confirm that a disability exists and an ESA is needed
A landlord may verify that a disability exists and that there is a disability-related need for the ESA, but cannot ask for the specific diagnosis or detailed medical history.
What happens if a landlord retaliates against a tenant for requesting an ESA accommodation?
Answer: Retaliation is a violation of the Fair Housing Act and can result in legal penalties
The Fair Housing Act prohibits retaliation against tenants who exercise their fair housing rights, including requesting an ESA accommodation, and violators face significant penalties.