“Adults Only,” an Emotional Support Dog, and a Two-Bedroom Unit
Property manager Rosa manages a 24-unit apartment building with a stated occupancy limit of two persons per bedroom. The owner’s ad says: “Quiet mature professionals only; no children; no pets.” Applicant Maya has two children, ages 6 and 9, and applies for a two-bedroom unit. She also has an emotional support dog and submits a letter from a licensed therapist she sees online. The owner tells Rosa to deny Maya because the building is “adults only” and because the dog is a pet that will trigger a $300 pet fee and $40 monthly pet rent. Maya’s income is 3.2 times the rent and her references are strong. A second applicant with no children also applies for the same unit.
1. Identify the fair housing problems in the advertisement and the owner’s instructions.
Read the worked answer
The advertisement’s “no children” language violates the familial status protection under the federal Fair Housing Act. “Quiet mature professionals only” is also risky because it can discourage families with children and suggest a preference based on familial status. A neutral statement of occupancy limits or quiet-enjoyment rules is permissible; an “adults only” preference is not.
The owner’s instruction to deny Maya because the building is “adults only” is direct familial-status discrimination. Denying her because of the dog, without analyzing a reasonable-accommodation request, also raises disability discrimination concerns. The owner cannot treat an assistance animal as a pet or automatically impose pet fees.
The fact that a second applicant without children is interested does not justify denying Maya. Rosa should not steer Maya away or delay her application to preserve the unit for the other applicant. The building’s occupancy standard may be applied, but it must be applied consistently and not used as a pretext to exclude families.
2. Analyze the occupancy limit and the emotional support animal request. May the owner deny Maya or charge the pet fee and pet rent?
Read the worked answer
A two-person-per-bedroom occupancy standard is generally acceptable if it is applied uniformly and is not used to discriminate. Maya and her two children would be three people in a two-bedroom unit, which is within a two-per-bedroom standard. The owner should not deny her on occupancy grounds.
For the emotional support dog, the owner should treat the request as a reasonable accommodation for a disability. An assistance animal is not a pet. The owner may not automatically charge a pet fee or monthly pet rent, although the tenant can be responsible for actual damage and must follow leash or sanitation rules. If the disability or need is not obvious, the owner may request reliable documentation from a licensed health care professional. A letter from an online therapist may be sufficient if it credibly supports the disability-related need; the owner should not demand a specific form or an in-person visit.
The owner may deny the accommodation only if the animal poses a direct threat or would cause a fundamental alteration, or if the request is unreasonable. Nothing in the facts shows that. Rosa should document the request, the supporting letter, and the decision.
3. What should Rosa do now, and how should she handle the competing application?
Read the worked answer
Rosa should tell the owner, in writing, that she cannot carry out an “adults only” denial or impose pet fees on an assistance animal. She should process Maya’s application under the same objective criteria used for other applicants: income, references, credit, and rental history. She should document the accommodation request and the owner’s instructions.
For the competing applicant, Rosa may accept applications and choose among qualified applicants using lawful, consistent criteria. She cannot reject Maya because of her children or the assistance animal, and she cannot hold the unit open solely to avoid renting to Maya. If both are qualified, the owner should apply a written, nondiscriminatory selection standard-such as first qualified applicant-rather than allowing the owner’s preference for a tenant without children to control.
Rosa should also correct the advertisement, retain the application records, and train leasing staff on assistance animals and familial status. If the owner insists on the discriminatory denial, Rosa should escalate to the broker and seek legal guidance; she should not participate in the denial.