CA Laws Regarding Companion Animals

[Jakeb Shelton]

I'm fairly new to the BiggerPockets family, so sorry if this is the wrong forum, or if this has been stated in another post, but better to know twice than not at all right? Anyway, I attended a NVPOA Companion Animals/Fair Housing seminar last night, and they had mentioned that there are a lot of changes being made regarding Companion Animals and what Landlords can/cannot ask for. Some of which are: - No longer able to require the animal to be spayed or neutered. - No longer able to require a prescription by a Medical Professional. - No longer able to limit "vicious breeds" i.e. Rottweiler, Doberman, Pit-Bull, etc for a Companion Animals request. - The person with the need for a Companion Animal can get a recommendation from almost anyone, and Landlords are not able to deny that accommodation. Those are just a few, I know there is more I'm missing from my notes, but this gives a little more information to look into. As per the speaker at the seminar; however, we have 2 rights, or reasons, that we can deny Companion Animals: 1. If service/companion animals alters your way of business. 2. Running wild/threatening others.

[Account Closed]

@Jakeb Shelton I think landlords are paranoid now and tenants can be bullies.  But, really, if they (or managers) study the laws, then they can't be bullied.  

And if they were to file a complaint with the DFEH, and the DFEH contacts you to respond, and your response shows that you followed the law, then they aren't going to do anything to you.  They know that tenants lie, too.

The only time you can't ask a person to have a medical provider say they meet the definition of a disabled individual, is if the disability is obvious.  You don't ask a blind person, or someone in a wheelchair if they are disabled.  Or, if your tenant/applicant is on disability income - then it's obvious they have a disability.  If they're just on SSI, you can ask for a benefits letter that says they receive SSI because they are disabled.  They can print them out online from their My Account on the SSA website.

But, you can still ask them what service their service dog/miniature horse (the only two animals allowed to be service animals that can go in public) performs for them.  In other words, it's trained to open doors or pick up things off the floor.  You can ask for documentation of that (but if it seems unnecessary to ask, then don't).

If it's a companion animal (emotional support animal), then it doesn't have the right to be in public.  But, you can ask them (even if they're on disability income) to have their medical professional fax you a letter on their letterhead from their office, that explains why the companion animal is necessary for the applicant/tenant, and how that necessity relates to their disability.

You can't ask for specifics - are you schizophrenic.  But, the letter should say that the patient requires a companion animal to ease their mental illness, or anxiety - or something to that effect.

The whole reason for a reasonable accommodation, is to allow the disabled individual to be able to enjoy the unit, in spite of their disability.  For someone in a wheelchair, this might mean needing a handicapped unit, or someone with claustrophobia to be able to live on the first floor to avoid the elevator.

But, you don't get to keep the family rottie just because you got in some landlord's face and waved around a service dog vest and certificate and letter he bought off Ebay.

And remember, it's all about "reasonable" accommodation.  It has to be reasonable.  You have the right to start a conversation with the tenant and negotiate something that's fair, if their original request is not.  Like, I can see you have the need for a companion animal, but a 40 foot python will not be allowed in the building.  We will, however, allow you to have a non-aggressive breed dog, or a cat.  Or, I understand that an aquarium is good for your anxiety, but an 80 gallon tank is not acceptable, because it could fall through the floor.  We would be happy to allow you to have up to a 30 gallon tank.

I hate discrimination, but I dislike bullies even more.  Landlords have the right to exercise their rights, too.  

I have spoken :-)