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Practice Of Real EstateFair_housingMEDIUM

A tenant with a documented anxiety disorder requests permission from her landlord to keep an emotional support animal in her no-pets apartment in Minneapolis. The landlord denies the request, stating that the no-pets policy applies to all tenants equally. Under the Minnesota Human Rights Act and fair housing principles, which response is most accurate?

Correct Answer

A) The landlord must allow the emotional support animal as a reasonable accommodation for the tenant's disability, unless doing so would cause undue hardship.

Under the Minnesota Human Rights Act (Minn. Stat. Ch. 363A) and the federal Fair Housing Act, disability is a protected class. Landlords are required to provide reasonable accommodations to tenants with disabilities, which may include allowing an emotional support animal even in a no-pets building. The tenant must have a documented disability and a disability-related need for the animal. The landlord may only deny the request if granting it would impose an undue hardship or if the animal poses a direct threat.

Answer Options
A
The landlord must allow the emotional support animal as a reasonable accommodation for the tenant's disability, unless doing so would cause undue hardship.
B
The landlord may enforce the no-pets policy uniformly because it applies to all tenants without exception.
C
The landlord may deny the request if the animal is not a trained service animal certified under the Americans with Disabilities Act.
D
The landlord may deny the request because emotional support animals are not recognized under Minnesota housing law.

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Related Topics & Key Terms

Key Terms:

minnesota_human_rights_actdisabilityreasonable_accommodationemotional_support_animalfair_housing

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