Handler Responsibilities and Conduct Flashcards

A handler's ESA consistently barks loudly at night, disturbing neighbors. What is the landlord's legal position?

Answer: The landlord may take action if the ESA creates an undue burden or direct threat

If an ESA causes significant disturbances that create an undue burden or direct threat, the landlord may have grounds to revoke or deny the accommodation.

What should an ESA handler do if they are moving to a new rental property with a different landlord?

Answer: Submit a new reasonable accommodation request with updated ESA documentation to the new landlord

ESA accommodation must be requested separately at each new housing situation by submitting a new request and current documentation to the new landlord.

Which of the following animals can legally qualify as an ESA under the FHA?

Answer: Any domesticated animal that provides emotional support, as recommended by a licensed mental health professional

Federal guidance allows a wide range of domesticated animals to serve as ESAs, as determined by a licensed mental health professional's recommendation.

If a handler's ESA bites another resident, what is the likely legal outcome regarding the accommodation?

Answer: The landlord can terminate the accommodation if the ESA poses a direct threat to others

A direct physical threat such as biting another resident gives the landlord legal grounds to terminate the ESA accommodation.

A handler's mental health professional moves out of state and can no longer provide ESA documentation. What should the handler do?

Answer: Seek a new licensed mental health professional to evaluate and issue updated documentation

Handlers should find a new licensed mental health professional to provide current documentation when their previous provider is no longer available.

What does 'reasonable accommodation' mean for an ESA handler in a no-pets housing complex?

Answer: The landlord must allow the ESA to live with the handler despite the no-pets policy

Reasonable accommodation under the FHA requires the landlord to modify its no-pets policy to allow an ESA when properly documented.

A handler receives an ESA letter from an online service that never conducted a live evaluation. How should the handler regard this letter?

Answer: It may not be considered legitimate if no genuine therapeutic relationship or real evaluation occurred

HUD guidance indicates that ESA letters from providers who did not conduct a real evaluation may not constitute a legitimate therapeutic relationship and could be considered fraudulent.