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NEW QUESTION # 21
When a tenant who has a service or support animal applies to lease an apartment in a building that does not allow pets, which of the following rules may the landlord follow?
Answer: B
Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604)andThe Americans with Disabilities Act (ADA) (42 U.S.
C: § 12101),both service and emotional support animals must be allowed in rental properties, even in
"no pets" buildings.
* Service animals (such as guide dogs) and emotional support animals (ESA) are not considered
"pets" under federal and state law, so landlords cannot prohibit them.
* A landlord cannot charge an additional deposit or pet fee for service/support animals.
* The tenant must provide documentation from a licensed medical provider if the disability is not obvious, but there is no requirement for a formal "federal registration" of service animals.
Why the other answers are incorrect:
* Option B (Charge Additional Deposit):This is illegal under Fair Housing lawsbecause service animals are not "pets".
* Option C (No Pets Rule):A no-pets policydoes not applyto service animals.
* Option D (Federally Registered Service Animal):There is no federal registryfor service animals, so this is not a valid requirement.
NEW QUESTION # 22
What MUST a licensee do before she can advertise, show, or offer a property?
Answer: B
Explanation:
Before advertising, showing, or offering any property, areal estate licensee must obtain written authorization from the property owner. This is a legal requirement to ensure that the licensee has the right to represent the property.
* 49 Pa. Code § 35.331 (Written Agreements Generally)states that a real estate licenseemusthave a written agreement with the property ownerbefore performing any real estate services, including advertising and showing the property.
* 49 Pa. Code § 35.332 (Exclusive Listing Agreements)further clarifies that exclusive agreementsmust be in writingand signed by both the owner and broker.
* Without the owner's written consent, a licensee could be subject to penalties or disciplinary action from the Pennsylvania Real Estate Commission.
Why the other answers are incorrect:
* Option A (Preliminary Appraisal):Licensees are not required to conduct appraisals unless they are certified appraisers.
* Option C (List of Clients):There is no requirement to provide a history of past transactions before listing or advertising a property.
* Option D (Comparative Market Analysis - CMA):A CMA is useful for pricing but isnot required before advertising or showing a property.
NEW QUESTION # 23
A person who uses a guide dog visits a real estate office in search of an apartment to rent. How should the salesperson proceed when working with this person?
Answer: A
Explanation:
UnderThe Fair Housing Act (42 U.S.C. § 3604) and The Americans with Disabilities Act (ADA) (42 U.S.
C: § 12101),a salesperson must treat a person with a disability the same as any other prospective tenant, without discrimination.
* The salesperson should focus on the client's housing needs, such as apartment size and features, rather than their disability.
* Landlords cannot charge an extra security deposit for service animals.
* The person is not limited to disability-specific housing; they can rent any unit they qualify for.
Why the other answers are incorrect:
* Option A (Search for Pet-Friendly Apartments):Service animals are NOT pets, so pet restrictions do not apply.
* Option B (Charge Extra Deposit):Thisviolates fair housing laws; extra deposits for service animals are illegal.
* Option C (Limit Options to Disability-Specific Housing):Clients with disabilitiesmust be shown all available housing, not just disability-specific units.
NEW QUESTION # 24
Which of the following phrases in a rental ad may be permissible?
Answer: C
Explanation:
UnderThe Federal Fair Housing Act (42 U.S.C. § 3604) and the Pennsylvania Human Relations Act (PHRA), it is illegal to discriminate against renters or buyers based onfamily status, which includes children.
However,age-restricted housing is allowed under certain conditions.
* Housing communities designated as "55 and older" or "62 and older" are legally permitted under the Housing for Older Persons Act (HOPA), provided they meet federal guidelines.
* Option C (Creek Village - an Age-Restricted Community) is lawful because it indicates compliance with HOPA, meaning at least 80% of residents are over 55.
Why the other answers are incorrect:
* Option A (Children 12 and Older Only):Discriminating against families with young children violates theFair Housing Act (FHA).
* Option B (Adults Only Building):Landlords cannot prohibit families with children from renting.
* Option D (All Couples Apartment Building):This discriminates againstsingle renters and violates fair housing laws.
NEW QUESTION # 25
Which entities are authorized to investigate charges against real estate licensees concerning illegal discrimination in the sale or rental of housing?
Answer: A
Explanation:
Both thePennsylvania Real Estate Commission (PREC)and thePennsylvania Human Relations Commission (PHRC)haveauthority to investigate illegal discriminationin real estate transactions.
* The Pennsylvania Human Relations Commission (PHRC)is responsible for enforcingthe Pennsylvania Human Relations Act (PHRA), which prohibits discrimination in housing based on race, color, religion, ancestry, age, sex, national origin, disability, and familial status.
* The Pennsylvania Real Estate Commission (PREC)investigates complaints againstlicensed real estate professionalswho violate fair housing laws, including violations of theReal Estate Licensing and Registration Act (RELRA).
Why the other answers are incorrect:
* Option A (Pennsylvania State Legislature and PREC):The Legislaturemakes lawsbutdoes not enforcethem or conduct investigations.
* Option B (PREC and Better Business Bureau):TheBetter Business Bureau (BBB) is a private organizationand doesnot have legal enforcement authority.
* Option C (PHRC and Legislature):The Legislature doesnot investigate complaints, but the PHRC does.
NEW QUESTION # 26
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