Practice of Real Estate term

Reasonable Accommodation

A change to rules or policies that allows a person with a disability equal use and enjoyment of housing.

Why Reasonable Accommodation matters on the exam

This term belongs to Practice of Real Estate. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Reasonable Accommodation

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When a landowner sells the mineral rights to their property but keeps the surface rights, the buyer of the mineral rights typically acquires:

  1. Ownership of the entire parcel, including the surface, since mineral rights cannot legally be severed from surface rights
  2. A severed subsurface estate, including the right to extract minerals and reasonable access to do so
  3. No enforceable property interest in the land
  4. Only the right to view geological survey reports prepared by the state, with no right to extract or sell any minerals
Show answer & explanation

A severed subsurface estate, including the right to extract minerals and reasonable access to do so — Mineral rights can be severed from surface rights and conveyed separately, creating a subsurface estate that generally includes the right to enter and extract the minerals, subject to reasonable accommodation of the surface owner.

Source: PSI National Real Estate Exam Content Outline §1 Property Ownership

A condominium's 'no pets' rule normally applies to all residents. A resident with a documented psychiatric disability requests an exception to keep an emotional support animal. The association must:

  1. Deny the request because the rule applies equally to everyone
  2. Charge the resident a standard pet deposit before allowing the animal
  3. Require the resident to move to a pet-friendly building instead
  4. Grant a reasonable accommodation and waive the no-pets rule for the assistance animal
Show answer & explanation

Grant a reasonable accommodation and waive the no-pets rule for the assistance animal — A reasonable accommodation requires waiving a neutral rule, like a no-pets policy, when necessary to give a person with a disability equal opportunity to use and enjoy the dwelling.

Source: Federal Fair Housing Act (42 U.S.C. §3604)

For fair housing purposes, an assistance animal that helps a resident with a disability is best classified as:

  1. A pet subject to the building's standard pet policy
  2. A service accommodation, not a pet
  3. A trade fixture belonging to the tenant
  4. An amenity the landlord may charge extra rent for
Show answer & explanation

A service accommodation, not a pet — Because an assistance animal provides disability-related support rather than companionship alone, HUD guidance treats it as a reasonable accommodation, exempt from pet fees, deposits, and breed or weight limits.

Source: Federal Fair Housing Act (42 U.S.C. §3604)

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