Are landlords allowed to advertise “no pets” policies in accordance with Fair Housing Law?
In accordance with Fair Housing Law, landlords in Utah are not allowed to advertise “no pets” policies. According to the Fair Housing Act, it is illegal for landlords to exclude pets from rental properties or prosecute pet owners. This law was instigated to provide individuals with disabilities greater access to housing. Service and assistance animals, as defined in the Americans with Disabilities Act (ADA), are allowed in all rental properties, regardless of pets policies. Since service and assistance animals are not legally considered pets, landlords cannot refuse to rent an apartment to someone with a service or assistance animal. Landlords must also make reasonable accommodations for tenants with service and assistance animals. This includes waiving pet fees and allowing for larger-than-normal animals. In order to comply with the law, landlords in Utah cannot advertise “no pets” policies in any way. Additionally, landlords cannot charge a pet fee or pet security deposit if a tenant has a service or assistance animal. Landlords are also not allowed to ask questions about a tenant’s disability when they inquire about a service or assistance animal. In summary, landlords in Utah cannot advertise “no pets” policies in accordance with Fair Housing Law. Landlords must also provide reasonable accommodations for tenants with service or assistance animals, such as waiving pet fees and not charging a security deposit. Additionally, landlords cannot ask questions about a tenant’s disability related to their service or assistance animal.
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