Fair Housing, Assistance Animals, and Discriminatory Instructions
Luis is the leasing agent for a 12-unit building in Arlington. The landlord, Mr. Gaines, drafts an ad: 'Ideal for young professionals. Quiet Christian building. No children. No pets.' Tara, an applicant who uses a wheelchair, submits an application and says she has an emotional support dog. Mr. Gaines tells Luis, 'Ask for her medical records, charge a $500 pet deposit, and tell her the building has no ramp because I do not want to spend money.' Luis knows the front entrance has three steps and no ramp. Tara has a letter from her therapist stating she needs the dog for a disability but does not describe the diagnosis.
1. Identify the fair-housing problems in the ad and in Mr. Gaines's instructions under the Virginia Fair Housing Law.
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The ad violates fair housing: 'No children' discriminates based on familial status; 'Quiet Christian building' signals a religious preference; 'young professionals' combined with 'no children' reinforces exclusion of families. 'No pets' must include an exception for assistance animals. Mr. Gaines's instructions to ask for medical records, charge a pet deposit, and refuse a ramp because of cost raise disability discrimination issues. An assistance animal is not a pet, and a blanket refusal of a reasonable accommodation or modification is unlawful. The agent should not transmit discriminatory terms.
2. How should Luis handle Tara's assistance-animal request and the ramp request? Include what may and may not be asked.
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Luis should treat the dog as an assistance animal, not a pet. Because Tara's disability and need are supported by a therapist letter but not apparent, the landlord may request reliable documentation of the disability-related need, but not medical records or a diagnosis. He may not charge a pet deposit or pet rent; Tara remains responsible for damage. For the ramp, engage in an interactive process: ask what accommodation she needs, whether a temporary ramp or alternate entrance works, and who pays. A reasonable modification at the tenant's expense may be allowed; a reasonable accommodation in a common area may require the landlord to pay unless undue burden. Document everything.
3. What should Luis do about the ad and the landlord's instructions?
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Luis should refuse to place or transmit the discriminatory ad, tell Mr. Gaines in writing why, and offer compliant language: for example, 'Quiet building; assistance animals welcome; equal housing opportunity.' He should not ask for medical records or charge the deposit. He should escalate to his broker, document the landlord's instructions and his advice, and follow the brokerage's fair-housing policy. If the landlord insists, Luis should decline the discriminatory instruction and seek broker or legal guidance; he cannot use 'following orders' as a defense.