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I need to find out the law in California regarding emotional…

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I need to find...

I need to find out the law in California regarding emotional support animals and it being a prohibited breed on the lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

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The landlord gave me a 3 day notice to get rid of my dog but he is a emotional support animal but under the lease a prohibited breed. I need to know what to do. I have a doctors letter for the dog

Submitted: 7 months ago.Category: Landlord-Tenant
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12/4/2017
Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,798
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Lawyer: Loren, Lawyer replied 7 months ago

The landlord is not acting lawfully.

A landlord cannot reject a service dog or assistance animal because of breed, size, or weight. In other words, a determination that a service dog or assistance animal poses a direct threat or would cause substantial physical damage must be based on an individualized assessment that relies on objective evidence about the specific animal's actual conduct. The determination must not be made on mere speculation or fear about the types of harm or damage an animal may cause or because of evidence about harm or damage that other similar animals have caused.

A landlord or other housing provider may deny a request to keep a service dog, psychiatric service dog, or support animal in California as a reasonable accommodation if the specific animal:

  • poses a direct threat to the health or safety of others, or
  • would cause substantial physical damage to the property of others.

However, if the threat or damage can be reduced or eliminated by another reasonable accommodation, the landlord must allow the animal.

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Retain an attorney and have them write a letter demanding the landlord cease and desist from their discriminatory and illegal action. If they continue then you can file suit. If you prevail you can be awarded punitive damages and attorney fees.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Lawyer: Loren, Lawyer replied 7 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 7 months ago
even if he is an emotional support dog and not a service dog in California I can still claim it to keep him
Lawyer: Loren, Lawyer replied 7 months ago
Correct.
Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 7 months ago

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Thank you!

Loren

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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