Unauthorized Pet becomes Companion Animal

[Demetri T.]

I am fairly certain I am asking a legal question- and ironically I am a lawyer (not in this area though!)... just wondering if someone can point me in the right direction or perhaps encountered this.

Just found one of my tenants has a cat (at least one) in violation of her lease.  I sent her the notice that she was in violation of her lease etc etc.  

Today she walks in my office, gives my assistant a note from her doctor that she needs an animal and turns away without saying anything to my assistant.

I am pretty annoyed at this but it seems like my hands may be tied and I will just have to accept this animal. She may no prior effort to comply or even ask about a cat.  She never completed my "Reasonable Accommodation" request form- and she hasn't been provided or completed my "Companion Pet" agreement that I have everyone sign. (I have other companion animals in the complex who filled out the forms etc which were annoying but they did it the right way.)  

Mostly I am ticked that she got caught and is just gaming the system to get her pet "legal".

I almost want to just give her her "No-Cause" notice and move on to someone else- but then I don't want to get in trouble for "retribution". 

[Account Closed]

I actually know quite a bit about this subject.  What I would do is give her a 3 day notice to comply or quit, regarding the proper paperwork for her companion animal according to your rules.

Your rules are fair under the law.  A reasonable accommodation starts with a "request."  And, you have the right to ask her to provide proof that she is disabled (unless it's obvious) as defined by the law (which honestly is pretty broad), and that she has a need for a companion animal that is based on her disability.

You have the right to get documentation from her medical professional (that you can verify is a real medical professional and not some website with forms she can download from afar).

You don't have the right to ask specifics about her disability or ask for her medical records.  But, the letter from the medical professional should say that she is disabled and has a need for a companion animal because of her disability, in order to be able to fully enjoy living in her unit.

You have a process in place that is reasonable.  It's reasonable for you to require her to comply with it.

Here is a great article on the laws and differences in types of service animals, including companion animals.  It's CA law, but CA law includes the federal laws.  CA just adds some more protections.  But, you'll see that it's relevant.

http://www.disabilityrightsca.org/pubs/548301.pdf

I have also learned that it is no easy or fast process to file a discrimination claim through HUD. There is an intake process, where she would be questioned about what happened and have to meet the requirements for showing that you denied her request for a reasonable accommodation. The process would probably take a year, and would include mediation at some point. So, you're not going to get hauled off in cuffs, is my point.

And if she goes to some local fair housing office?  If/when they ever contacted you, I'd say, sure, I have no problem with companion animals.  I've got several in the building.  But, I have a process and forms that she needs to fill out that are legal, and she's refusing to do that.

Then, what happens?  They tell her to fill out the forms :-)

But, honestly, if it was me, I'd give her a notice to comply or quit.  She'll get to keep the animal, probably.  But, you'll also get to let her know she's not running the show.