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Tx Fair Housing DtpaFederal_and_texas_fair_housingMEDIUM

An apartment complex owner in Austin refuses to rent to a tenant who has a service animal, citing the property's "no pets" policy. The prospective tenant has a documented physical disability and requires the animal. Under the Texas Fair Housing Act, what is the landlord required to do?

Correct Answer

B) Allow the service animal as a reasonable accommodation and waive the no-pets policy for this tenant

Under the Texas Fair Housing Act and the federal Fair Housing Act (42 U.S.C. §3604(f)), a landlord must make reasonable accommodations in rules, policies, or services when necessary for a person with a disability to use and enjoy the dwelling. Waiving a no-pets policy for a service animal or emotional support animal is a well-established reasonable accommodation. The landlord may not charge extra fees or deposits for the animal.

Answer Options
A
Allow the service animal but charge an additional pet deposit to cover potential damages
B
Allow the service animal as a reasonable accommodation and waive the no-pets policy for this tenant
C
Deny the request because the no-pets policy applies equally to all tenants regardless of disability
D
Allow the service animal only if the tenant provides documentation from a licensed veterinarian

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Related Topics & Key Terms

Key Terms:

fair_housingreasonable_accommodationservice_animaldisability

Related Concepts

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