Fair Housing

Under the Fair Housing Act, a landlord may legally ask a prospective tenant about their disability in which circumstance?

ANever — disability inquiries are always prohibited
BWhen the disability is not obvious but the tenant is requesting a reasonable accommodation or modification✓ Correct
CWhen the tenant appears to have a disability that might affect their ability to pay rent
DOnly when a physician's note is provided

Explanation

A landlord generally cannot inquire about a disability. However, when a tenant requests a reasonable accommodation or modification, the landlord may ask for: (1) verification that the tenant has a disability (not the diagnosis/specifics), and (2) documentation showing the nexus between the disability and the requested accommodation.

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