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

Each ESA accommodation request is evaluated individually, and a landlord may assess whether a second ESA constitutes a reasonable accommodation based on the specific circumstances.

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

Imposing additional conditions — such as mandatory liability insurance — as a prerequisite to ESA accommodation can constitute a Fair Housing Act violation.

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

Retaliating against a tenant for requesting a fair housing accommodation is itself a violation of the Fair Housing Act and exposes the landlord to additional liability.

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

Private owners renting single-family homes without a real estate agent and who own no more than three such homes may qualify for an FHA exemption.

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

Size changes alone do not justify revoking an ESA accommodation unless the animal causes actual damage or poses a documented direct threat.

(ESA) Certified Emotional Support Animal Practice Test

(ESA) Certified Emotional Support Animal Practice Test

ESA Landlord Rights and Obligations 5