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A residential apartment complex has a no-pet policy. If a tenant has a service animal due to a disability, what can the landlord require?

  1. Documentation if it’s their policy

  2. Proof of the animal’s training

  3. A pet deposit to cover potential damages

  4. Regular health checks for the service animal

The correct answer is: Documentation if it’s their policy

The correct response is that a landlord can require documentation if it’s their policy. Under the Fair Housing Act, tenants with disabilities who require the assistance of a service animal are not subject to no-pet policies. However, landlords are allowed to request reasonable documentation to verify the need for the service animal. This could include a letter from a healthcare provider or other appropriate documentation that substantiates the tenant's disability and the necessity of the service animal. Other choices, such as proof of the animal's training, a pet deposit, or regular health checks, are not permissible. Service animals, particularly those defined as such under the law, are not considered pets; thus, additional requirements relating to them do not apply in the same way they do for typical domesticated animals. This distinction helps to ensure that individuals with disabilities have the necessary support without facing additional burdens that could impede their rights under federal law.