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52. Is the landlord's refusal likely a violation of the federal Fair Housing Act?
A landlord owns a 10-unit apartment building and lives in one of the apartments. A uniformly enforced provision in every apartment lease prohibits all pets. A tenant with a serious hearing impairment asked permission from the landlord to keep a hearing-assistance service dog in her apartment to alert and assist her in the event of fire or other emergency. The landlord refused.
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A is incorrect. The Act does not apply where the owner-landlord occupies a unit in a building with four or fewer units. Here, however, the building has 10 units; therefore, the exception does not apply.
B is incorrect. The fact that the tenant agreed to the «no pets» provision in the lease does not relieve the landlord from making a reasonable accommodation for the tenant's disability.
C is incorrect. The landlord's refusal to permit the tenant to have a service dog may be arbitrary, but that is irrelevant because the Act requires the landlord to make reasonable accommodations for the tenant's hearing impairment.