Question

A visually-impaired person with a service animal makes application for rental of an apartment that has a vigorously enforced ""no pets"" policy in the building. According to the Federal Fair Housing Act, the owner may:

A. refuse to rent to the applicant as a result of the policy
B. require the person to house the animal outside of the apartment
C. require the person to restore any damage to the apartment that results from the animal
D. increase the customary security deposit

Answer 1

The owner of an apartment building must allow a visually-impaired person with a service animal to rent an apartment even if a "no pets" policy exists. The owner can require the tenant to pay for any damages caused by the service animal but cannot increase the security deposit or demand the animal be kept outside.

Step-by-step explanation:

Under the Federal Fair Housing Act, the owner may not refuse to rent to an applicant because they have a service animal. Even if there is a "no pets" policy in the building, service animals are not considered pets and are necessary for the wellbeing and independence of individuals with disabilities. Thus, the proper answer is:

• C. require the person to restore any damage to the apartment that results from the animal

This means that while the landlord cannot charge an extra security deposit or require the animal to be housed outside, they may hold the visually-impaired person responsible for any damage caused by the service animal, as would be reasonably expected for any tenant.