Publication Date: Friday, December 23, 2005
Deny boy's best friend?
Deny boy's best friend?
(December 23, 2005) Can dog be allowed for depressed son?
by Martin Eichner
My young son has been diagnosed with severe depression. His doctor has recommended that we get a small cat or dog as a companion for him. My rental agreement says pets are not allowed in the complex. I want to do the best for my son, but I'm unable to move. Can I get a pet anyway without being evicted?
yes, provided you have a medical, psychological or social services provider who can verify that a companion animal is needed to assist your son with his depression. The "no pets" rule does not apply when an animal lives with a family for reasons supported by a health-care professional. You will, of course, be required to pick up after the animal as well as be responsible for any damage the animal may cause. Also, a leash for a dog is usually required. No additional fees or deposit can be charged for a service animal.
In order to exercise this right, you must request that the rule be waived as an accommodation for your son's disability. Your landlord can ask for verification that the companion animal is medically or psychologically necessary to allow your son equal access to housing -- in other words, having a companion animal will assist him in some way with the normal activities of life, like sleeping, walking, eating, etc.
The landlord cannot ask personal questions about the nature of your son's disability. He or she is not entitled to know that your son suffers from depression, if you do not wish to divulge that fact. The medical provider's statement is sufficient to require the landlord to make some "reasonable accommodation" for your son's disability by waiving the usual rules or policies. If you'd like more information, or assistance with a reasonable accommodation request for a person with a disability, please call your local fair housing agency.
I'm selling a large apartment complex that I've owned for a long time. The new owners have told me that in three months they plan to move into the only four-bedroom unit in the complex. Am I legally obligated to tell the current tenants that they will be getting a notice to move?
There is no legal requirement for you to notify the tenants of any future plans the new owners may have. For all you know, the new owners' plans may change and they won't want this unit. Civil Code Section 1950.5(h)(1) requires you to notify your tenants of the date the property transferred to the new owners along with either their or their agent's name, address and telephone number. This is required because the buyers take possession of the property subject to the existing rental agreements and leases. The form Notice of Sale of Real Property and of Transfer of Security Deposit Balance also includes an area to detail disposition or transfer of existing security deposits.
If the current occupants of the desired unit are on a lease, the new owners will have to wait until the lease expires to terminate this tenancy or honor the required advance notice time of non-renewal listed in the lease. The lease can be terminated early, only if the lease itself contains a specific provision that terminates it upon the sale of the property. For more information, contact your local housing mediation program.
My brother visits my apartment on the weekends. The manager sent me a notice saying that she suspects my brother has a record of drug use and is not allowed on the property. The truth is he did have a drug problem but has been clean and sober for more than seven years. Can the manager keep my brother from visiting me?
From the perspective of fair housing laws, it may be discriminatory to prohibit your brother from visiting. If your landlord has actual, recent experience of your brother's negative behavior on the property, the landlord may be able to exclude your brother, especially if he obtains a protection order. However, it would be discriminatory for the manager to keep him from visiting because of an assumption that he is using drugs, based only on his past record.
The laws against disability discrimination in housing protect rehabilitated substance abusers from being treated differently than others. We suggest that you discuss this matter with your landlord to determine whether there is a non-discriminatory reason for excluding your brother. If you are not satisfied, both you and your brother would have standing to bring a complaint for a fair housing violation.
You can file a complaint by calling your local fair housing agency, the U.S. Department of Housing and Urban Development (HUD) Fair Housing Enforcement Office, or the California Department of Fair Employment and Housing (DFEH).
Martin Eichner edits RentWatch for Project Sentinel, an organization founded in 1974 that provides landlord tenant dispute resolution and fair housing services in Northern California and administers rental-housing mediation programs in Palo Alto and Mountain View. Call (650) 856-4062 for dispute resolution or (650) 321-6291 for fair housing.
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