PETS VS. SERVICE ANIMALS IN CALIFORNIA
When renting a property to a tenant with pets you can pretty much set our own standards. You can ask for pet insurance, charge an additional deposit, require photos of the pet, require current tags, ask for additional pet rent, limit what type of pet's you allow, you can even exclude pets altogether etc.
When it comes to animals there are actual guidelines under the Fair Housing Act and The American Disability Act that apply differentiating between service animals, therapy animals, and emotional support animals, which can be both scary and tricky at the same time. With this in mind, you must use extreme caution when you ask the tenant for specific information relation to the animal. This is all rather new and a very slippery slope. So far, neither Fair Housing nor the American Disability Act has defined rules or restrictions.
Here are the basic guidelines for landlords and property managers, as outlined by The Department of Housing and Urban Development (HUD)
- Service animals are allowed wherever a person may go, including restricted animal areas like food establishments.
- Landlords cannot collect a pet deposit or charge a pet fee to persons with a service animal (since they are not technically considered pets).
- Landlords cannot enforce weight limits or breed restrictions for service animals.
- Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability.
- Landlords can require written verification from the tenant’s health care provider that the service animal is medically necessary.
- Landlords can write warnings or even evict a tenant with an assistance animal is disturbing others, posing a threat to others or causing considerable damage to the property.
- Landlords can charge a tenant for any property damage an assistance animal causes on the property.
- Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite free and immunized/vaccinated.
- Service animals are allowed wherever a person may go, including restricted animal areas like food establishments.
- Landlords cannot collect a pet deposit or charge a pet fee to persons with a service animal (since they are not technically considered pets).
- Landlords cannot enforce weight limits or breed restrictions for service animals.
- Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability.
- Landlords can require written verification from the tenant’s health care provider that the service animal is medically necessary.
- Landlords can write warnings or even evict a tenant with an assistance animal is disturbing others, posing a threat to others or causing considerable damage to the property.
- Landlords can charge a tenant for any property damage an assistance animal causes on the property.
- Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite free and immunized/vaccinated.
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