ESA - Certified Emotional Support Animal Landlord Rights and Obligations Questions and Answers

Question 1

A tenant with a valid ESA letter for their dog moves into an apartment complex that normally charges a $300 pet deposit. How must the landlord handle this fee in relation to the ESA?

Accepted Answer

They cannot charge a pet deposit or pet rent, but can charge for any damages the animal causes.

Answer

The Fair Housing Act (FHA) considers an Emotional Support Animal to be a reasonable accommodation, not a pet. Therefore, landlords cannot charge pet-specific fees, deposits, or rent. However, the tenant remains responsible for any damages their animal causes, and the landlord can deduct repair costs from the standard security deposit.

Question 2

A tenant's approved Emotional Support Animal, a cat, scratches and severely damages the carpet and door frames in their unit. Which of the following best describes the landlord's recourse under the FHA?

Accepted Answer

The landlord can require the tenant to pay for the repairs from their security deposit and bill for additional costs.

Answer

While a landlord must provide a reasonable accommodation for an ESA, this does not absolve the tenant of responsibility for their animal's actions. The tenant is liable for any damages caused by their ESA, and the landlord can use the tenant's security deposit to cover the costs of repair, just as they would for any other tenant-caused damage.

Question 3

When verifying a tenant's ESA request where the disability is not obvious, a landlord has received a letter from a therapist. Which of the following actions is the landlord legally permitted to take to verify the documentation?

Accepted Answer

Contact the therapist solely to confirm that they wrote the letter for the tenant.

Answer

According to HUD guidance, a housing provider cannot ask about the nature or severity of a person's disability. However, they are permitted to contact the professional who wrote the letter for the limited purpose of verifying that they authored the letter and that the tenant is their patient.

Question 4

A tenant with a documented disability submits two separate, valid ESA letters from their therapist: one for a dog to alleviate anxiety and one for a cat to help with depression-related isolation. The apartment has a strict 'one-pet' limit. What is the landlord's primary obligation?

Accepted Answer

Evaluate the reasonable accommodation request for each animal individually.

Answer

A 'one-pet' policy does not apply to ESAs as they are not pets. The landlord must consider the request for each assistance animal individually. If the tenant has a disability-related need for each animal and the documentation supports it, the landlord should grant the accommodation for both, unless doing so would impose an undue burden.

Question 5

An individual with a valid ESA letter wants to rent a single-family home. The home is being rented by the owner, who does not use a real estate agent. The owner also owns three other rental homes. Is the owner required to provide a reasonable accommodation for the ESA?

Accepted Answer

Yes, because the owner owns more than three single-family homes, they are subject to the FHA.

Answer

The FHA has an exemption for single-family homes rented by the owner without a broker, but this exemption does not apply if the owner owns more than three such single-family homes. Since the owner in this scenario owns a total of four homes, they are not exempt and must comply with the FHA's reasonable accommodation provisions.

(ESA) Certified Emotional Support Animal Practice Test

(ESA) Certified Emotional Support Animal Practice Test

ESA - Certified Emotional Support Animal Landlord Rights and Obligations Questions and Answers