ESA Landlord Rights and Obligations 3

Question 1

A tenant's ESA causes significant property damage. Who is responsible for the cost of repairs?

Accepted Answer

The tenant, who is responsible for damage caused by their ESA

Answer

While landlords must allow the ESA, tenants remain fully responsible for any actual damage the animal causes to the property.

Question 2

A landlord operates a building with only 4 units and lives in one of them. Are they required to accommodate an ESA under the FHA?

Accepted Answer

No, owner-occupied buildings with 4 or fewer units are exempt from FHA

Answer

Owner-occupied buildings with four or fewer units are exempt from the Fair Housing Act's accommodation requirements.

Question 3

A landlord charges a non-refundable pet fee for all animals. Can they apply this fee to an ESA?

Accepted Answer

No, charging a pet fee for an ESA is prohibited under the FHA

Answer

Charging a pet fee or deposit specifically for an ESA is prohibited — the accommodation must be provided at no additional cost related to the animal's status.

Question 4

A tenant submits ESA documentation from an online website they paid $50 to use. What should a landlord consider?

Accepted Answer

Evaluate whether the documentation reflects a legitimate therapeutic relationship, not just an online form

Answer

HUD guidance cautions that letters from websites that simply sell forms with no genuine relationship between provider and client may not constitute reliable documentation.

Question 5

Can a landlord ban a specific breed of dog as an ESA if local ordinances restrict that breed?

Accepted Answer

No, federal fair housing law generally preempts local breed bans for ESAs

Answer

Federal fair housing protections generally override local or state breed-specific legislation when it comes to ESA accommodations.

(ESA) Certified Emotional Support Animal Practice Test

(ESA) Certified Emotional Support Animal Practice Test

ESA Landlord Rights and Obligations 3