38. When a tenant who has a service or support animal applies to lease an apartment in a building that prohibits pets, which of the following is TRUE?
Answer: A
Both state and federal laws require the landlord to allow any service or support animal.
Laws at both the state and federal levels mandate that landlords must accommodate tenants with service or support animals, regardless of any pet prohibitions in place. This 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 as it reflects the legal protections provided under the Fair Housing Act and various state laws, which affirm that tenants with disabilities have the right to have service or support animals in their residences, irrespective of general pet policies.
B) The landlord must allow the service or support animal, but may charge an additional deposit.
This option is incorrect because while landlords may charge deposits for pets, service and support animals are not considered pets under the law. Therefore, landlords cannot charge additional fees for these animals.
C) The landlord may disallow the animal if there are no other animals permitted in the building.
This option is also incorrect. The law specifically requires that landlords accommodate service and support animals, even in buildings that have a general no-pets policy, making it illegal to disallow them on these grounds.
D) The landlord may disallow the animal if it is not federally registered as a support or service animal.
This option is misleading. There is no federal registration requirement for service or support animals, and thus landlords cannot disallow an animal based on registration status. The focus is on the animal's function rather than any formal registration.
Conclusion
Option A is definitively correct as it aligns with the legal framework that protects the rights of tenants with service and support animals. All other options fail to recognize the legal requirements that ensure equal housing opportunities for individuals with disabilities, highlighting the importance of adhering to these laws.