Question

A landlord has "no pets" policy in his apartment building. Which of the flowing statements is TRUE? If a visually impaired person owns a guide dog and wants to rent an apartment from the landlord:

A. If the landlord's "no pets" policy is applied uniformly and in a nondiscriminatory manner, it may be legally applied to the guide dog as well.
B. The NH Human Rights Act Prohibits the landlord from refusing to rent the apartment to the visually impaired person on the basis of the owners "no pets" policy
C. Under the NH Human Rights Act, the landlord may not discriminate against the visually impaired person on the basis of a "no pets" policy, but the landlord may require the tenant to pay an additional damage fee
D. The NH Human Rights Act does not address the issue

Answer 1

The 'no pets' policy cannot be applied to a guide dog for a visually impaired person under the NH Human Rights Act, as it would be considered discrimination against individuals with disabilities.

Step-by-step explanation:

The correct response to the question regarding whether a landlord's “no pets” policy can be legally applied to a visually impaired person's guide dog, under the NH Human Rights Act, is B. The NH Human Rights Act Prohibits the landlord from refusing to rent the apartment to the visually impaired person on the basis of the owners “no pets” policy.

This is consistent with federal and state laws which mandate that landlords make reasonable accommodations for tenants with disabilities.

The definition of a service animal significantly clarifies that they are not considered pets but rather necessary aids for their handlers. Therefore, denying accommodation on the basis of having a guide dog would be seen as discrimination against those with disabilities.