ESA Landlord Rights and Obligations 4

Question 1

A landlord's insurance company threatens to cancel the policy if an ESA of a certain species is allowed. What should the landlord do?

Accepted Answer

Seek alternative insurance, as insurance cost is generally not considered an undue burden

Answer

HUD guidance indicates that a landlord's difficulty with their insurer is generally not a sufficient reason to deny an ESA accommodation request.

Question 2

A landlord has concerns about allergies of other tenants in the building. Can this be used to deny an ESA?

Accepted Answer

No, allergies of other tenants alone do not automatically justify denying an ESA accommodation

Answer

While other tenants' health may be considered, allergies alone are generally insufficient to deny an ESA — landlords should explore solutions such as unit placement.

Question 3

What must a landlord do if they decide to deny an ESA accommodation request?

Accepted Answer

Provide the tenant with a written denial explaining the specific reasons

Answer

A denial must be communicated in writing with the specific reasons why the accommodation was found unreasonable or why the disability-related need was not established.

Question 4

Can a landlord require a tenant to keep their ESA only in certain areas of common spaces in the building?

Accepted Answer

No, blanket restrictions on common area access for ESAs are generally impermissible

Answer

Blanket prohibitions on ESAs in common areas are generally considered discriminatory under the FHA, though reasonable safety-based restrictions may apply.

Question 5

A tenant's ESA repeatedly disturbs other residents with loud noise. What can a landlord do?

Accepted Answer

Address the nuisance through the normal lease enforcement process while continuing to accommodate the ESA

Answer

A landlord can enforce lease terms regarding nuisance through warnings and normal lease processes, but the nuisance must be documented and the ESA status does not eliminate normal tenancy obligations.

(ESA) Certified Emotional Support Animal Practice Test

(ESA) Certified Emotional Support Animal Practice Test

ESA Landlord Rights and Obligations 4