When a tenant who has a service or support animal applies to lease an apartment in a building that does not allow pets, which of the following rules…

Under the federal Fair Housing Act (FHA), an assistance animal (which includes both service animals and support animals) is not considered a pet. It is viewed as a reasonable accommodation for a person with a disability. Housing providers are required to make an exception to their "no pets" policies to permit a person with a disability to use and live with an assistance animal. State laws often provide similar or even stronger protections. The request can only be denied in very limited circumstances, such as if the specific animal poses a direct threat to the health or safety of others that cannot be mitigated.

B. Landlords are prohibited from charging an extra deposit, fee, or rent for an assistance animal as a condition of allowing it. They may, however, charge the tenant for any damage the animal causes.

C. The existence of a "no pets" policy is the reason a reasonable accommodation is necessary; it cannot be used as the basis for denying the assistance animal.

D. There is no official federal registry for service or support animals. Landlords cannot require registration or certification as a condition for approving an assistance animal.

1. U.S. Department of Housing and Urban Development (HUD). (2020, January 28). Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (Notice FHEO-2020-01).

Page 7, "Pet Rules Do Not Apply to Assistance Animals": "A housing provider may not deny a reasonable accommodation request because the housing provider is uncertain whether the person requesting the accommodation has a disability or a disability-related need for an animal." It further clarifies that "no pets" policies do not apply.

Page 13, "Fees": "Housing providers may not charge a deposit, fee, or surcharge for an assistance animal."

2. The University of Iowa College of Law, Law Library. (n.d.). Service Animals and the Law. Iowa Law.

Section: Fair Housing Act (FHA): "The Fair Housing Act (FHA) requires that landlords make 'reasonable accommodations' for tenants with disabilities. This includes waiving a 'no pets' policy for a service animal or emotional support animal... Landlords cannot charge a pet deposit for a service animal or emotional support animal."

3. Riggs, R. A., & Uffer, R. L. (2018). A Landlord’s Guide to the Fair Housing Act. Journal of Property Management, 83(3), 34–39.

This academic journal article for property managers explains that under the FHA, "a landlord must make a reasonable accommodation for a tenant with a disability. This means that even if the property has a 'no pets' policy, in most cases, the landlord must allow a service or assistance animal." It also confirms that "no extra 'pet' deposit can be charged for these animals."