Lincoln's CatYou represent Lincoln, an elderly disabled man who wants to rent the second unit of a duplex. The owner/landlord lives in the unit next door. The vacant unit was advertised as “no pets allowed.” Lincoln owns a pet cat. Which of the following is true related to this scenario?Because Lincoln is elderly and disabled, he must be permitted a pet.The animal is clearly more than a pet, it’s an ESA, and therefore the owner must permit it.The owner doesn’t have to permit pets since she lives in a unit of a one to four-unit dwelling.You should check the local laws to see if the prospective tenant would be permitted a pet.
Question
Lincoln's CatYou represent Lincoln, an elderly disabled man who wants to rent the second unit of a duplex. The owner/landlord lives in the unit next door. The vacant unit was advertised as “no pets allowed.” Lincoln owns a pet cat. Which of the following is true related to this scenario?Because Lincoln is elderly and disabled, he must be permitted a pet.The animal is clearly more than a pet, it’s an ESA, and therefore the owner must permit it.The owner doesn’t have to permit pets since she lives in a unit of a one to four-unit dwelling.You should check the local laws to see if the prospective tenant would be permitted a pet.
Solution
The answer to this scenario can depend on several factors. If Lincoln's cat is an Emotional Support Animal (ESA), and he has a letter from a licensed mental health professional stating that he needs the cat for his emotional well-being, then under the Fair Housing Act, the landlord may be required to make a "reasonable accommodation" to their no-pets policy, even if the property is a one to four-unit dwelling.
However, if the cat is just a pet and not an ESA, and the landlord lives in the building, then the landlord may not be required to allow the cat. This is because the Fair Housing Act's rules about reasonable accommodations for disabled persons do not always apply to buildings with four or fewer units, where the owner lives in one of the units.
Lastly, local laws can also play a role. Some cities or states have additional protections for renters with pets or ESAs. Therefore, it would be a good idea to check the local laws in Lincoln's area.
So, the most accurate statement would be: "You should check the local laws to see if the prospective tenant would be permitted a pet."
Similar Questions
Angie's elderly and disabled, and is moving to federally assisted housing, hopefully with her two pets. Which of the following statements is true?Federal law only permits her to have one pet.She may not be charged a pet deposit.She's allowed to have a pet, but there may be a restriction on the number of pets.She's allowed to have as many pets as she wants.
If a tenant lives in federally assisted housing that serves elderly or disabled tenants, what do we know to be true?The tenant is allowed to have a pet.The tenant is not permitted to have any animal on the property.The tenant is only permitted to have an animal on the property if it's an emotional support animal.The tenant may only have an animal if it serves a disability-related need.
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Which of these animals is allowed to be prohibited based on an apartment building's no-pets policy?Assistance animalEmotional support animalFamily petService animal
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