The No-Pets Building, the Support Dog, and the Ad That Says 'No Children'
Landlord Owens owns a 12-unit building with a stated no-pets policy. A tenant with a documented anxiety disorder submits a physician's letter requesting an emotional support dog weighing 55 pounds. Another tenant, who has documented asthma and a dog allergy, says she will move out and file a complaint if the dog moves in. Owens also advertises: 'Quiet building - perfect for young professionals, no children.' Owens proposes to charge a $300 pet deposit plus $50 per month in pet rent and wants to deny the accommodation because of the allergic tenant.
1. Analyze each phrase in the advertisement.
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'No children.' Express familial status discrimination. Familial status is a protected class under the federal Fair Housing Act, and discriminatory advertising is independently unlawful regardless of intent.
'Perfect for young professionals.' Not as blatant but still risky. It signals a preference that tends to exclude families with children and can also raise national-origin or race concerns depending on how it reads. Replace it with objective property features.
'Quiet building.' Acceptable by itself because it describes the property. It becomes evidence of intent when paired with 'no children' or 'adults only.'
Compliant alternatives. Describe the unit: square footage, parking, appliances, lease term. State occupancy limits as objective standards (for example, two persons per bedroom unless local code says otherwise). Do not describe the ideal tenant.
2. How should Owens process the assistance animal request?
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Step 1: Treat it as an accommodation request, not a pet request. An emotional support animal is not a pet, so the no-pets policy does not apply. The request triggers the interactive process.
Step 2: Evaluate the documentation. Owens may ask for reliable documentation from a health care provider showing a disability-related need, but may not demand medical records, ask about the nature of the disability, or require an in-person visit. Keep the information confidential.
Step 3: Fees. No pet deposit and no monthly pet rent. Owens may charge for actual damage caused by the animal beyond normal wear and tear, and may require the animal to be under control and leashed in common areas. No breed or size restriction unless justified by an individualized assessment.
Step 4: The allergic tenant. Both tenants have disability-related needs, and neither automatically wins. Denial is not the default. Explore alternatives: keeping the dog out of shared spaces, air filtration, unit relocations, or a written agreement on common-area use. Document the deliberation.
Denial is lawful only if the animal poses a direct threat, would cause substantial physical damage to others' property, or would impose an undue financial and administrative burden - a high bar, proven with specifics.
3. What exposure does Owens face if he refuses the accommodation or moves against the allergic tenant?
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Fair housing exposure.
- An administrative complaint with HUD or a federal lawsuit alleging failure to reasonably accommodate.
- Compensatory damages for the tenant's harm, possible punitive damages, attorney's fees, and civil penalties.
- A separate retaliation claim if Owens takes action against the allergic tenant for complaining or against the requesting tenant for asking.
- State licensing exposure if a licensee advised or participated in the refusal.
Practical advice. Put the accommodation in writing, state the terms (leash, common areas, damage responsibility), and keep medical documentation in a separate confidential file. Advise the client to consult counsel before denying. The cheapest path is almost always a documented, conditional approval.