ESA Fair Housing Act (FHA) Regulations 2 — Questions and Answers
Question 1: Under the FHA, which type of housing is generally exempt from ESA accommodation requirements?
- Single-family homes sold or rented without a broker (Correct answer)
- Apartment complexes with fewer than 10 units
- Student housing operated by universities
- Condominiums with a homeowners association
Correct answer: Single-family homes sold or rented without a broker
Single-family homes sold or rented by the owner without the use of a broker or real estate agent are generally exempt from FHA ESA requirements.
Question 2: A landlord receives an ESA request but believes the tenant's disability is not obvious. What may the landlord legally request?
- Reliable documentation from a licensed mental health professional (Correct answer)
- A full psychiatric evaluation at the tenant's expense
- The specific diagnosis and complete medical history
- A government-issued disability certification card
Correct answer: Reliable documentation from a licensed mental health professional
When a disability is not obvious or known, landlords may request reliable documentation from a licensed mental health professional confirming the disability and the need for the ESA.
Question 3: How does the FHA treat ESA accommodation requests in buildings with a strict no-pets policy?
- The no-pets policy must be waived as a reasonable accommodation (Correct answer)
- The no-pets policy takes precedence over ESA rights
- The tenant must pay double the pet deposit to keep the ESA
- The landlord may relocate the tenant to a pet-friendly unit only
Correct answer: The no-pets policy must be waived as a reasonable accommodation
Under the FHA, landlords must waive no-pet policies as a reasonable accommodation for tenants with disabilities who require an ESA.
Question 4: Which federal agency is primarily responsible for enforcing the Fair Housing Act?
- U.S. Department of Housing and Urban Development (HUD) (Correct answer)
- U.S. Department of Justice (DOJ)
- Federal Trade Commission (FTC)
- Equal Employment Opportunity Commission (EEOC)
Correct answer: U.S. Department of Housing and Urban Development (HUD)
HUD is the primary federal agency responsible for enforcing the Fair Housing Act, including ESA accommodation provisions.
Question 5: Under the FHA, a landlord may deny an ESA request if the animal poses what kind of threat?
- A direct threat to the health or safety of others that cannot be mitigated (Correct answer)
- A potential nuisance to neighboring tenants
- A financial burden on the property management company
- An inconvenience to other residents who dislike animals
Correct answer: A direct threat to the health or safety of others that cannot be mitigated
The FHA allows denial of an ESA if the specific animal poses a direct threat to health or safety that cannot be eliminated or reduced through reasonable accommodations.
Question 6: What is the FHA's stance on breed or size restrictions applied to ESAs?
- Landlords generally cannot impose breed or size restrictions on ESAs (Correct answer)
- Landlords may restrict ESAs to breeds under 50 pounds
- Breed restrictions are allowed if listed in the lease agreement
- Size restrictions are permitted for ESAs in studio apartments
Correct answer: Landlords generally cannot impose breed or size restrictions on ESAs
HUD guidance states that landlords generally cannot apply breed or size restrictions to ESAs because such restrictions must be evaluated on an individual basis.
Question 7: A tenant submits an ESA request two weeks after moving in. Under the FHA, how should the landlord handle this?
- Evaluate the request on its merits regardless of when it was submitted (Correct answer)
- Deny it because it was not submitted before the lease was signed
- Require the tenant to wait until lease renewal to make the request
- Only approve it if the no-pets policy was disclosed at move-in
Correct answer: Evaluate the request on its merits regardless of when it was submitted
The FHA requires landlords to consider ESA accommodation requests at any time during the tenancy, regardless of when the tenant first raises the need.
ESA Fair Housing Act (FHA) Regulations 2
Under the FHA, which type of housing is generally exempt from ESA accommodation requirements?