8. 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 may the landlord follow?
Answer: A
Both state and federal laws require the landlord to allow any service or support animal.
Landlords are legally obligated under both state and federal laws to allow tenants to have service or support animals, regardless of pet policies. This requirement ensures that individuals with disabilities have equal access to housing.
A) Both state and federal laws require the landlord to allow any service or support animal.
This option is correct because the Fair Housing Act and various state laws explicitly protect the rights of individuals with disabilities to have service and emotional support animals. These laws prioritize the needs of tenants who rely on such animals for assistance.
B) The landlord must allow the service or support animal, but may charge an additional deposit.
This option is incorrect. While landlords can charge for damage caused by animals, they cannot impose additional deposits or fees specifically for service or support animals, as this would violate the legal protections afforded to individuals with disabilities under the Fair Housing Act.
C) The landlord may disallow the animal if there are no other animals permitted in the building.
This option is also incorrect. The presence of a no-pets policy does not exempt landlords from their obligation to allow service or support animals. Federal law mandates that these animals be permitted, regardless of other animal restrictions.
D) The landlord may disallow the animal if it is not federally registered as a support or service animal.
This statement is incorrect. There is no federal registration requirement for service or support animals, and landlords are not allowed to require such registration as a condition for allowing the animal. The law recognizes the need for these animals based on the tenant's disability rather than formal registration.
Conclusion
In summary, the correct answer is A because it aligns with the legal requirements set forth by the Fair Housing Act, which mandates that service and support animals must be allowed in housing regardless of pet policies. Options B, C, and D fail to recognize these legal protections and therefore do not accurately reflect the rights of tenants with disabilities.