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Practice Of Real EstateFair_housingMEDIUM

A tenant in a Seattle apartment complex has a trained service dog that assists with a psychiatric disability. The landlord's lease prohibits all pets and charges a $500 pet deposit. The landlord tells the tenant the service dog is subject to the pet policy and the deposit. Under Seattle's ordinances and Washington State law, which response best describes the landlord's obligation?

Correct Answer

A) The landlord must allow the service dog as a reasonable accommodation and cannot charge a pet deposit for a service animal

Under both Washington State's RCW 49.60 (which specifically protects the use of trained guide dogs and service animals) and the federal Fair Housing Act (which requires reasonable accommodations for persons with disabilities), a landlord must allow a service animal as a reasonable accommodation to a no-pet policy. This applies to psychiatric service animals as well as physical assistance animals. Furthermore, the landlord cannot charge a pet deposit for a service animal, as the animal is not a 'pet' — it is a disability-related accommodation. Charging a deposit for a service animal would itself constitute discrimination.

Answer Options
A
The landlord must allow the service dog as a reasonable accommodation and cannot charge a pet deposit for a service animal
B
The landlord may enforce the no-pet policy because service dogs are only exempt in owner-occupied buildings with four or fewer units
C
The landlord may charge a pet deposit but must waive the no-pet policy for any animal certified as a service animal
D
The landlord may enforce both the no-pet policy and the deposit because psychiatric service animals are not covered under fair housing law

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Related Topics & Key Terms

Key Terms:

fair_housingservice_animalreasonable_accommodationdisabilityrcw_49_60seattlepet_deposit

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