Landlords need policies for pets

Housing Laws for Service and Companion Animals

Pet ownership has climbed to more than 68 percent of US households.

I always encourage landlords to keep a flexible pet policy when reviewing applications as most pet owners are responsible, reliable tenants.

But did you know that there are occasions where you cannot enforce a “no pet” policy?

Both landlords and Homeowner’s Associations must comply with the federal Fair Housing Laws with respect to animals that provide assistance to individuals with disabilities.

California case law is even more expansive and requires that emotional support animals be permitted as a reasonable accommodation to protected classes. Residential landlords need to be aware of the changing laws in regard to Service or Companion Animals.

Service animals are animals that work, provide assistance or perform tasks for the benefit of persons with a disability.

Service animals may guide individuals who are blind or have low vision, alert those who are deaf or hard of hearing to sounds, pull a wheelchair, fetch items or alert people to impending seizures. Although dogs are the most common, any type of animal can be a service or companion animal.

Companion animals provide emotional support and therapeutic benefits to persons with a mental or emotional disability. There is no requirement for emotional support animals to be individually trained or certified, and breed, size, and weight limitations may not be applied to deny a reasonable request for housing.

Service or companion animals are not considered pets under Fair Housing Laws and landlords cannot charge more rent or require tenants to pay a pet deposit for a service or companion animal.

The Fair Housing Law recommends that a landlord evaluate a request for keeping a service or companion animal on the property based on two primary considerations: Does the person have a disability and do they have a need for the assistance animal related to the disability?

If the answers to both questions are yes, you must provide an exception to any “no pets” policy, and permit someone to live with and use an assistance animal in all areas of the premises where persons are normally allowed to go.

Landlords may ask individuals who have disabilities that are not readily apparent to submit reliable documentation of a disability, and their disability-related need for an assistance animal. Persons with disabilities who believe a request for a reasonable accommodation has been improperly denied may file a complaint with HUD.

Adriana Donofrio • deasypennerpodley Glendora (626) 926-9700 adonofrio@dppre.com