ESA Fair Housing Act (FHA) Regulations 3

Question 1

Which of the following best describes the 'interactive process' required under the FHA when an ESA request is received?

Accepted Answer

A good-faith dialogue between the landlord and tenant to determine a workable accommodation

Answer

A formal hearing conducted by a HUD mediator

Answer

A legal deposition in which both parties present evidence

Answer

A written questionnaire sent by the landlord to the tenant's doctor

Question 2

A landlord charges a tenant a $500 'ESA deposit' before allowing the animal. Is this permitted under the FHA?

Accepted Answer

No, landlords cannot charge fees or deposits specifically for an ESA

Answer

Yes, a refundable deposit of any amount is allowed

Answer

Yes, but only if it is less than the standard pet deposit

Answer

Yes, if the building has more than four units

Question 3

Under the FHA, what happens if an ESA causes damage to the rental unit?

Accepted Answer

The tenant is responsible for paying for any damage caused by the ESA

Answer

The landlord must absorb all damage costs as part of the accommodation

Answer

The damage is covered by the landlord's federal housing insurance

Answer

The tenant is exempt from damage liability because of disability protections

Question 4

Which of the following is NOT a factor a landlord may legally consider when evaluating an ESA request under the FHA?

Accepted Answer

The specific breed of dog the tenant owns

Answer

Whether the tenant has a disability

Answer

Whether the ESA provides disability-related benefit

Answer

Whether the accommodation would impose an undue financial burden

Question 5

A landlord lives in a four-unit building and occupies one unit. How does this affect FHA ESA obligations?

Accepted Answer

The FHA exempts owner-occupied buildings with four or fewer units

Answer

The FHA still applies because the building has more than one unit

Answer

The FHA only applies if the building has 10 or more units

Answer

The FHA exemption applies only to single-family detached homes

Question 6

Under HUD's 2020 guidance, which statement about online ESA letters is accurate?

Accepted Answer

A letter from an online service is not automatically reliable if there is no genuine therapeutic relationship

Answer

Online ESA letters from any licensed professional are always valid under HUD rules

Answer

HUD prohibits all online ESA documentation regardless of who issues it

Answer

Online letters are only valid if the provider is licensed in the tenant's state

Question 7

A tenant requests an ESA in a condominium where the HOA has a strict no-animals rule. Who bears FHA obligations in this scenario?

Accepted Answer

Both the HOA and individual unit owners who rent out their units

Answer

Only the individual unit owner, never the HOA

Answer

Only the HOA, not the individual unit owner

Answer

Neither, because condominiums are exempt from the FHA