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What is the California Rental Law on accepting tenants with "companion" pets?

Having a dispute with a tenant or landlord? Rental Law discussion

What is the California Rental Law on accepting tenants with "companion" pets?

Postby wattekinson86 » Thu Apr 07, 2011 3:10 am

My mom is 67 and has a Siberian Husky. She has a physician's note saying the dog needs to stay with her for her emotional and mental health benefit.

How does that note work with a landlord who does not want to rent to someone because they have a dog?
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What is the California Rental Law on accepting tenants with "companion" pets?

Postby colum » Thu Apr 07, 2011 3:15 am

They are required to accept trained guide dogs for the blind or deaf. Your mother is not totally and permanently disabled and does not require the assistance of a specially trained guide dog in order to perform routine functions of living.

Mom has to find a place which accepts pets, and pay any pet deposit, pet fees or additional rent for pet owners as required. They do exist, so she should stick only to ads which state that pets are accepted.
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What is the California Rental Law on accepting tenants with "companion" pets?

Postby chozai65 » Thu Apr 07, 2011 3:24 am

I am in a senior apartment building and one of my neighbor's did that exactly and she has her dog with her even though they are not allowed in the building otherwise. She lived in the building 20 years before she needed the dog and this is a non-profit corporation. It comes under the jurisdiction of either the ADA or Fair Housing. I searched and did not find anything for emotional support or therapy dogs in California.

I dont know if it is legal to reject a tenant with a therapy dog or not. But the management may refuse a dog as big as a husky even if they accept dogs under 25 pounds which most places do.
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What is the California Rental Law on accepting tenants with "companion" pets?

Postby tonibraxton » Thu Apr 07, 2011 3:26 am

It all comes down to whether or not the dog is registered as a service dog. Legally, dogs for the blind and deaf have to be registered as such. This makes them property, not pets.

If your mom's dog is not registered as a service dog, then it is a pet, and subject to the rules of the apartment complex.
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What is the California Rental Law on accepting tenants with "companion" pets?

Postby gustav » Thu Apr 07, 2011 3:32 am

If the dog is a registered assistance animal then the landlord has to rent to her. A note from the doctor doesn't satisfy the requirement.
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What is the California Rental Law on accepting tenants with "companion" pets?

Postby zackary42 » Thu Apr 07, 2011 3:42 am

They don't have to accept the note I don't think.
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