Disability protections in housing come from two different laws, and understanding which applies where is critical for the exam:
Fair Housing Act (FHA): Applies to residential housing. Protects people with physical or mental disabilities from discrimination. Requires housing providers to make reasonable accommodations and permit reasonable modifications.
Americans with Disabilities Act (ADA): Applies primarily to commercial properties — places of public accommodation and commercial facilities. Does NOT typically apply to private residential housing. Matters most in commercial real estate transactions and mixed-use developments.
| Feature | Accommodation | Modification | |---------|--------------|--------------| | What it is | Change in a rule, policy, or practice | Physical change to the unit or property | | Who pays | Housing provider (landlord) | Tenant (in most private housing) | | Examples | Allow service animal; reserved accessible parking | Install grab bars; widen doorway; add ramp | | Restoration | N/A | Landlord may require reasonable restoration at end of tenancy |
Emotional Support Animals (ESAs) and Service Animals:
Multifamily housing built for first occupancy after March 13, 1991 must comply with accessibility design and construction requirements:
These are mandatory design standards — not accommodation requirements. Failure to build to these standards creates a per se Fair Housing violation, regardless of intent.
Real-world example: A tenant in a private apartment has a mobility impairment and requests permission to install grab bars in the bathroom. The lease has a no-modifications clause. The landlord must permit the installation (it is a reasonable modification) but may require the tenant to restore the bathroom at move-out if the restoration is reasonable. The landlord does NOT pay for the grab bars — the tenant does.
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Quiz Questions:
Q1. A tenant with severe anxiety disorder requests that her landlord allow her emotional support dog despite a strict no-pets policy. The landlord should:
A) Deny the request because the no-pets policy applies equally to all tenants B) Allow the dog as a reasonable accommodation under the Fair Housing Act C) Allow the dog only if the tenant provides certified veterinary documentation that the dog is trained D) Allow the dog but require a $500 pet deposit
Answer: B — Emotional support animals must be accommodated under the Fair Housing Act as a reasonable accommodation for disability. A no-pet policy cannot be enforced against an ESA. The landlord cannot require formal certification (C) or charge a pet deposit (D).
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Q2. A tenant with a visual impairment installs handrails along a hallway in his rented apartment at his own expense. The landlord's lease prohibits all modifications. Under fair housing law:
A) The landlord can require removal because the lease prohibition is valid B) The landlord must allow the modification; the lease prohibition cannot override fair housing requirements C) The landlord must reimburse the tenant for the installation cost D) The landlord must obtain TREC approval before permitting any modification
Answer: B — The Fair Housing Act's reasonable modification right supersedes lease provisions that prohibit modifications. The landlord cannot use a lease clause to circumvent fair housing requirements. The tenant pays the installation cost (not the landlord), and the landlord may require restoration of the hallway at move-out if reasonable.
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Q3. A broker is helping a client purchase a 10-unit apartment building built in 1995. The building was built as-is with no accessible entrances or wide doorways. The broker's client wants to know their exposure. Under the Fair Housing Act:
A) There is no violation — the Fair Housing Act does not apply to buildings with fewer than 20 units B) The building may have violated the Fair Housing Act's post-1991 accessibility design requirements; the builder, developer, or architect could face liability C) The building is exempt because it is more than 10 years old D) The buyer assumes all Fair Housing Act violation liability upon purchase
Answer: B — Buildings built for first occupancy after March 13, 1991 must comply with Fair Housing Act design and construction standards. A 10-unit building built in 1995 that lacks required accessibility features is a potential ongoing violation. The broker should advise the client to conduct due diligence and possibly consult an attorney about any existing claims exposure.
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Q4. The ADA (Americans with Disabilities Act) primarily applies to:
A) All residential rental housing in the United States B) Commercial properties and places of public accommodation C) Single-family homes sold by licensed agents D) Multifamily housing with more than four units
Answer: B — The ADA covers commercial facilities and places of public accommodation (offices, restaurants, retail, hotels, theaters, etc.). It does not generally apply to private residential housing. Private residential housing is governed by the Fair Housing Act. This distinction is important for brokers working in commercial real estate.
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Q5. Under the Fair Housing Act, what are the two permissible questions a housing provider may ask about a service animal in a housing context?
A) "What is the animal's training certification number?" and "What is the animal's breed?" B) "Is this a service animal required because of a disability?" and "What work or task has the animal been trained to perform?" C) "Can you provide a letter from your doctor confirming your disability?" and "Has the animal completed an ADA-approved training program?" D) "What is the animal's veterinary history?" and "Does the animal have any history of aggression?"
Answer: B — Under HUD guidance for housing (FHA context), if it is not obvious that an animal is a service animal, the housing provider may ask two questions only: (1) Is this a service animal required because of a disability? (2) What work or task has the animal been trained to perform? Providers may NOT demand documentation, certification, or medical records.