Fair Housing
Under the Fair Housing Act, a landlord may require a higher security deposit from a tenant with a disability because of potential disability-related damage. Is this permitted?
AYes, it is a reasonable precaution
BNo, requiring a higher deposit based on disability is discriminatory — all tenants must be held to the same deposit standard✓ Correct
CYes, but only up to 50% more
DYes, if documented in writing
Explanation
Requiring a higher security deposit from a disabled tenant solely because of their disability is illegal discrimination under the Fair Housing Act. All applicants must be held to the same deposit standard. Landlords may require a refundable deposit for disability-related modifications.
Related New Mexico Fair Housing Questions
- Under the Fair Housing Act, which of the following is an acceptable reason for a landlord to deny a rental application?
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- A New Mexico lender charges a Hispanic borrower a higher interest rate than a similarly qualified White borrower. This is an example of:
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