Which Practice Complies With Fair Housing Law?A. Charging Pet Rent When A Handicapped Person Indicates He Or She Needs A Therapeutic, Comfort, Or Assistive AnimalB. Requiring A Higher Security Deposit When A Handicapped Tenant Indicates He Or She Will

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Fair Housing Laws: Understanding Compliance in Property Management

As a property manager or landlord, it's essential to understand the fair housing laws that govern your actions and decisions when dealing with tenants. The Fair Housing Act (FHA) is a federal law that prohibits discrimination in the sale, rental, and financing of housing based on certain characteristics, including disability. In this article, we'll explore two practices and determine which one complies with fair housing law.

Understanding Fair Housing Law

The Fair Housing Act prohibits discrimination against individuals with disabilities in the sale, rental, and financing of housing. This includes discrimination based on the presence of a disability, the need for a reasonable accommodation, or the use of an animal as a service animal. Property managers and landlords must provide reasonable accommodations to tenants with disabilities, which may include modifications to the property or the use of service animals.

Practice A: Charging Pet Rent for Therapeutic Animals

One practice that may raise concerns under fair housing law is charging pet rent when a handicapped person indicates they need a therapeutic, comfort, or assistive animal. Under the FHA, service animals are exempt from pet fees and deposits. However, the law does not explicitly define what constitutes a service animal. In 2018, the Department of Housing and Urban Development (HUD) issued a guidance clarifying that emotional support animals (ESAs) are not considered service animals under the FHA.

If a tenant indicates they need a therapeutic, comfort, or assistive animal, the property manager or landlord may request documentation from a licensed healthcare professional to verify the animal's need. However, charging pet rent for these animals may be considered discriminatory under the FHA.

Practice B: Requiring a Higher Security Deposit

Another practice that may raise concerns under fair housing law is requiring a higher security deposit when a handicapped tenant indicates they will have a service animal. Under the FHA, property managers and landlords cannot charge higher security deposits or fees based on the presence of a service animal. This includes charging higher deposits for animals that are considered service animals, such as guide dogs or hearing dogs.

Which Practice Complies with Fair Housing Law?

Based on the analysis above, Practice B: Requiring a Higher Security Deposit is the practice that complies with fair housing law. Requiring a higher security deposit based on the presence of a service animal is discriminatory under the FHA and may result in liability for the property manager or landlord.

Best Practices for Property Managers and Landlords

To comply with fair housing law, property managers and landlords should follow these best practices:

  • Do not charge pet rent or fees for service animals. Service animals are exempt from pet fees and deposits under the FHA.
  • Do not require higher security deposits or fees for service animals. Charging higher deposits or fees based on the presence of a service animal is discriminatory under the FHA.
  • Request documentation from a licensed healthcare professional to verify the need for a therapeutic, comfort, or assistive animal.
  • Provide reasonable accommodations to tenants with disabilities, including modifications to the property or the use of service animals.

By following these best practices, property managers and landlords can ensure compliance with fair housing law and provide equal access to housing for individuals with disabilities.

Conclusion

In conclusion, Practice B: Requiring a Higher Security Deposit is the practice that complies with fair housing law. Charging pet rent for therapeutic animals may be considered discriminatory under the FHA, while requiring a higher security deposit for service animals is also prohibited. By following best practices and understanding fair housing law, property managers and landlords can ensure equal access to housing for individuals with disabilities.

Additional Resources

For more information on fair housing law and compliance, property managers and landlords can consult the following resources:

By staying informed and following best practices, property managers and landlords can ensure compliance with fair housing law and provide equal access to housing for individuals with disabilities.
Fair Housing Law Q&A: Understanding Compliance in Property Management

As a property manager or landlord, it's essential to understand the fair housing laws that govern your actions and decisions when dealing with tenants. The Fair Housing Act (FHA) is a federal law that prohibits discrimination in the sale, rental, and financing of housing based on certain characteristics, including disability. In this article, we'll answer some frequently asked questions about fair housing law and compliance.

Q: What is the Fair Housing Act?

A: The Fair Housing Act is a federal law that prohibits discrimination in the sale, rental, and financing of housing based on certain characteristics, including disability, race, color, national origin, sex, and familial status.

Q: What is a service animal?

A: A service animal is an animal that is individually trained to do work or perform tasks for a person with a disability. This includes guide dogs, hearing dogs, and animals that assist individuals with mobility or seizure disorders.

Q: Are emotional support animals (ESAs) considered service animals?

A: No, emotional support animals (ESAs) are not considered service animals under the Fair Housing Act. While ESAs may provide comfort and emotional support to individuals with disabilities, they are not trained to perform specific tasks and are not exempt from pet fees and deposits.

Q: Can I charge pet rent or fees for service animals?

A: No, you cannot charge pet rent or fees for service animals. Service animals are exempt from pet fees and deposits under the Fair Housing Act.

Q: Can I require a higher security deposit for service animals?

A: No, you cannot require a higher security deposit for service animals. Charging higher deposits or fees based on the presence of a service animal is discriminatory under the Fair Housing Act.

Q: What documentation do I need to verify the need for a service animal?

A: You may request documentation from a licensed healthcare professional to verify the need for a service animal. However, you cannot require this documentation as a condition of renting or leasing a property.

Q: What are reasonable accommodations under the Fair Housing Act?

A: Reasonable accommodations under the Fair Housing Act include modifications to the property or the use of service animals to provide equal access to housing for individuals with disabilities.

Q: Can I deny a rental application based on the presence of a service animal?

A: No, you cannot deny a rental application based on the presence of a service animal. The Fair Housing Act prohibits discrimination against individuals with disabilities, including those who use service animals.

Q: What are the penalties for non-compliance with fair housing law?

A: The penalties for non-compliance with fair housing law can include fines, damages, and injunctive relief. Property managers and landlords who engage in discriminatory practices may also face liability for damages and attorney's fees.

Conclusion

In conclusion, understanding fair housing law and compliance is essential for property managers and landlords. By following best practices and staying informed, you can ensure equal access to housing for individuals with disabilities and avoid liability for non-compliance. If you have any further questions or concerns, consult the resources below.

Additional Resources

For more information on fair housing law and compliance, property managers and landlords can consult the following resources:

By staying informed and following best practices, property managers and landlords can ensure compliance with fair housing law and provide equal access to housing for individuals with disabilities.