ESA Landlord Rights and Obligations 2

Question 1

A landlord with a 'no pets' policy receives an ESA request. What is the landlord legally required to do?

Accepted Answer

Engage in an interactive process and consider a reasonable accommodation

Answer

Deny the request citing the no-pets policy

Answer

Approve the request only if the ESA is a dog or cat

Answer

Require the tenant to pay a pet deposit before considering the request

Question 2

Which federal law primarily governs ESA accommodations in housing?

Accepted Answer

Fair Housing Act (FHA)

Answer

Americans with Disabilities Act (ADA)

Answer

Rehabilitation Act of 1973

Answer

Air Carrier Access Act (ACAA)

Question 3

A landlord asks a tenant requesting an ESA accommodation to describe the nature of their disability in detail. Is this permissible?

Accepted Answer

No, the landlord may only ask whether accommodation is needed and confirm disability-related need

Answer

Yes, the landlord needs a full medical history

Answer

Yes, the landlord can require a diagnosis code

Answer

No, the landlord cannot ask any questions at all

Question 4

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?

Accepted Answer

Conduct an individualized assessment of the specific animal's actual risk

Answer

Deny it immediately without further inquiry

Answer

Accept a blanket policy that all large animals are threats

Answer

Require the tenant to move out within 30 days

Question 5

Can a landlord require a tenant with an ESA to use a separate entrance to the building?

Accepted Answer

No, requiring a separate entrance would be discriminatory

Answer

Yes, if the lease specifies pet-only entrances

Answer

Yes, if other tenants object to the ESA

Answer

No, only if the ESA is on the restricted species list

Question 6

A landlord wants to interview or evaluate the ESA before granting an accommodation. Is this allowed?

Accepted Answer

No, the landlord cannot require the animal to pass any test or evaluation

Answer

Yes, the landlord can require a behavioral test

Answer

Yes, but only for dogs over 50 pounds

Answer

Yes, third-party animal behaviorists must assess every ESA

Question 7

How long does a landlord generally have to respond to an ESA accommodation request before it may be considered an unlawful delay?

Accepted Answer

A reasonable time, typically interpreted as 10 business days or less

Answer

6 months

Answer

1 year

Answer

30 calendar days only if requested in writing