"No Pet" Rules in California--All Bark and No Bite if You Are Disabled
Most landlords do not like dogs. It is not surprising, then, that the National Council on Pet Population Study & Policy found that landlord issues are second only to moving as a reason for dogs being turned in to shelters. The issue typically takes the form of a "no pets" rule in a lease but such a rule is not always enforceable.
California Civil Code Section 54.1 prohibits anyone from refusing to lease residential property to someone anyone who is visually or hearing impaired or who has any other disability requiring assistance because they require, respectively, a guide, signal or service dog.
The impairment does not have to be absolute. You can have some vision or hearing and still be considered disabled under the law. A signal dog, for example, must be allowed "...to alert an individual who is deaf or hearing impaired to intruders or sounds."
The circumstances under which a "service dog" must be allowed are even broader. Such a dog is one which has been trained to deal with the requirements of its disabled owner "...including, but not limited to, minimal protection work, rescue work, pulling a wheel chair, or fetching dropped items."
Any disabled person whose landlord refuses to allow any of the dogs defined in Section 54.1 may sue and, if successful, the court must award actual damages, the greater of three times the actual damages or $1,000, and attorney's fees. A verified complaint can also be filed with a state agency tasked with protecting the disabled from discrimination.
This is only a general summary of how Section 54.1 gives anyone who is disabled the right to keep a dog trained to assist him or her. This code section has many nuances as does another under which a court can issue an order overriding a "no pets" rule.
Discussing your needs with your landlord is always an advisable first step. If that does not lead to an acceptable solution or you feel your rights are being violated, contact an attorney familiar with the laws which protect the disabled or the state agency entrusted with that responsibility.
California Civil Code Section 54.1 prohibits anyone from refusing to lease residential property to someone anyone who is visually or hearing impaired or who has any other disability requiring assistance because they require, respectively, a guide, signal or service dog.
The impairment does not have to be absolute. You can have some vision or hearing and still be considered disabled under the law. A signal dog, for example, must be allowed "...to alert an individual who is deaf or hearing impaired to intruders or sounds."
The circumstances under which a "service dog" must be allowed are even broader. Such a dog is one which has been trained to deal with the requirements of its disabled owner "...including, but not limited to, minimal protection work, rescue work, pulling a wheel chair, or fetching dropped items."
Any disabled person whose landlord refuses to allow any of the dogs defined in Section 54.1 may sue and, if successful, the court must award actual damages, the greater of three times the actual damages or $1,000, and attorney's fees. A verified complaint can also be filed with a state agency tasked with protecting the disabled from discrimination.
This is only a general summary of how Section 54.1 gives anyone who is disabled the right to keep a dog trained to assist him or her. This code section has many nuances as does another under which a court can issue an order overriding a "no pets" rule.
Discussing your needs with your landlord is always an advisable first step. If that does not lead to an acceptable solution or you feel your rights are being violated, contact an attorney familiar with the laws which protect the disabled or the state agency entrusted with that responsibility.
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