Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

Can landlords refuse assistance animals for a tenant with disabilities?

1. Yes, if they have a no pet policy

2. No, they must allow them

3. Yes, if the tenant cannot provide documentation

4. No, but only if the tenant has a service dog

The correct answer is: No, they must allow them

Landlords must allow assistance animals for tenants with disabilities, as mandated by the Fair Housing Act (FHA) and related laws. These regulations recognize that assistance animals, which can include both service animals and emotional support animals, are necessary for individuals with disabilities to have equal opportunities to use and enjoy their housing. The FHA allows for accommodations for assistance animals regardless of any general pet policies a landlord may have in place. Thus, even if a landlord has a no-pet policy, they cannot refuse a tenant’s request for an assistance animal if it is necessary for the tenant's disability. This obligation ensures that individuals with disabilities are afforded the same rights as those without disabilities. Additionally, landlords may request documentation of the tenant's disability and the need for the assistance animal, but any refusal based solely on the landlord’s pet policy or lack of documentation is not permissible in terms of denying the animal's presence. Laws aim to provide a supportive living environment for persons with disabilities by accommodating their specific needs.