ESA Landlord Rights and Obligations 5

Question 1

A tenant wants to add a second ESA. Can a landlord deny the second animal request?

Accepted Answer

Yes, the landlord may evaluate each ESA request separately to determine if it is reasonable

Answer

No, tenants can have unlimited ESAs without any additional review

Answer

Yes, one ESA per lease is the federal maximum

Answer

No, the FHA requires landlords to accept all ESAs a provider certifies

Question 2

A landlord requires the tenant to obtain liability insurance naming the landlord as an additional insured before allowing the ESA. Is this permissible?

Accepted Answer

No, requiring the tenant to carry liability insurance as a condition of ESA accommodation is generally not permissible

Answer

Yes, liability insurance is always a reasonable condition

Answer

Yes, but only for exotic animals

Answer

No, unless the animal weighs over 25 pounds

Question 3

What happens if a landlord retaliates against a tenant for requesting an ESA accommodation?

Accepted Answer

The landlord may face additional fair housing violations and civil liability for retaliation

Answer

Nothing, retaliation is permitted if the request was denied

Answer

The tenant loses their right to the accommodation

Answer

The landlord can report the tenant to credit bureaus

Question 4

A single-family home is rented without the use of a real estate broker. Does the FHA apply to ESA requests?

Accepted Answer

No, private single-family home rentals without a broker may be exempt from the FHA

Answer

Yes, all single-family home rentals must comply with the FHA

Answer

Yes, but only if the rental is advertised online

Answer

No, single-family homes are always exempt

Question 5

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?

Accepted Answer

No, the size alone is generally not a basis to revoke an ESA accommodation

Answer

Yes, any size change automatically voids the accommodation

Answer

Yes, if the building has a weight limit policy for pets

Answer

No, only if the animal becomes dangerous

Question 6

A potential tenant discloses they have an ESA during the application process. Can the landlord reject their application solely because of the ESA?

Accepted Answer

No, denying a rental application solely because of an ESA constitutes disability discrimination

Answer

Yes, landlords can factor ESA ownership into rental decisions

Answer

Yes, if the building has a strict no-pets policy

Answer

No, but the landlord can charge a higher security deposit

Question 7

Which agency is primarily responsible for investigating Fair Housing Act complaints related to ESA denials?

Accepted Answer

Department of Housing and Urban Development (HUD)

Answer

Department of Justice (DOJ)

Answer

Equal Employment Opportunity Commission (EEOC)

Answer

Federal Trade Commission (FTC)