You represent Lincoln, an elderly disabled man who wants to rent the second unit of a duplex. The owner/landlord lives in the unit next door. The vacant unit was advertised as “no pets allowed.” Lincoln owns a pet cat. Which of the following is true related to this scenario?Because Lincoln is elderly and disabled, he must be permitted a pet.The animal is clearly more than a pet, it’s an ESA, and therefore the owner must permit it.The owner doesn’t have to permit pets since she lives in a unit of a one to four-unit dwelling.You should check the local laws to see if the prospective tenant would be permitted a pet.

The answer to this scenario can be a bit complex as it involves various factors such as disability laws, housing laws, and local regulations.

1. "Because Lincoln is elderly and disabled, he must be permitted a pet." - This is not necessarily true. While the Fair Housing Act does require landlords to make reasonable accommodations for tenants with disabilities, this does not automatically mean that all disabled individuals must be allowed to have pets. The accommodation must be related to the person's disability. For example, if Lincoln's cat is a certified service animal that assists him with his disability, then the landlord may be required to allow it despite the "no pets" policy.

2. "The animal is clearly more than a pet, it’s an ESA, and therefore the owner must permit it." - This statement assumes that Lincoln's cat is an Emotional Support Animal (ESA). If this is the case and Lincoln has a letter from a licensed mental health professional stating that he needs the ESA for his disability, then the landlord may be required to allow the cat. However, this is not stated in the scenario.

3. "The owner doesn’t have to permit pets since she lives in a unit of a one to four-unit dwelling." - Under the Fair Housing Act, landlords who live in a building with four or fewer units and own the building are exempt from some aspects of the law. This means they may not be required to allow ESAs or service animals. However, this can vary by state and local laws.

4. "You should check the local laws to see if the prospective tenant would be permitted a pet." - This is generally good advice. Local laws can vary greatly, and some may have specific regulations regarding pets and rental properties. It's always a good idea to check these laws before making a decision.

In conclusion, without more information about Lincoln's specific situation (i.e., whether his cat is an ESA or service animal, what his specific disability is, etc.), it's difficult to say definitively which of these statements is true. It would likely be beneficial to consult with a legal professional to understand the specific laws and regulations that apply.