Pets and assistance animals
Animals in rental housing can raise questions about lease enforcement, reasonable accommodations, nuisance behavior, property damage and liability. The first step is understanding what kind of animal is involved — and which rules apply.
Start by identifying what kind of animal is involved.
A pet, a service animal and an emotional support animal are not necessarily treated the same way under the law.
Housing providers may establish rules governing ordinary pets, including whether pets are permitted at all. But when an animal is needed because of a disability, fair housing laws can require a different analysis.
That distinction affects what a housing provider may ask, what may be charged, and how the animal should be addressed when problems arise. The right place to begin is determining why the animal is there and which rules govern it.
Is it a pet or an assistance animal?
The distinction matters. An ordinary pet may be governed by the lease and the housing provider's pet policy. An animal needed because of a disability can trigger different obligations under fair housing laws.
Before enforcing a pet restriction, determine whether the resident is simply keeping a pet or requesting a disability-related accommodation.
What does the lease or pet policy allow?
For ordinary pets, start with the rental agreement and any written pet policy. Are pets permitted? Are there restrictions on the number or type of animals? What deposits or other requirements apply?
If an unauthorized animal appears, determine what the lease says and whether an accommodation is being requested before deciding how to respond.
Is the accommodation request properly supported?
When the disability-related need for an assistance animal is not apparent, a housing provider may request limited supporting information. A purchased certificate, registration, ID card or vest does not by itself establish that need.
California also imposes requirements on health-care practitioners who provide certain emotional-support-dog documentation.
What can the housing provider charge?
Ordinary pets and assistance animals are treated differently. Pet deposits, pet rent or other pet-related charges generally cannot be imposed simply because a resident needs an assistance animal.
Actual property damage is different. Damage caused by an animal can raise separate questions involving repair costs and the security deposit.
Is the animal creating a nuisance or safety problem?
No animal gets a free pass to create a nuisance. Persistent barking, aggressive behavior, unsanitary conditions or substantial interference with other residents can require action.
Aggressive animals can also raise safety and potential liability concerns for the property owner.
Are there multiple assistance animals?
There is no automatic rule limiting a resident to one assistance animal. But adding another animal does not necessarily end the inquiry.
When the need for multiple animals is not apparent, the housing provider may be able to request appropriate information supporting the disability-related need for the additional animal.
A reasonable accommodation does not mean an unreasonable tenancy.
An assistance animal may have a right to be at the property, but that does not give the animal a free pass to create a nuisance. Persistent barking, aggressive behavior, unsanitary conditions, property damage or substantial interference with other residents can still require attention.
Focus on the conduct. Document what is happening at the property and address the behavior rather than turning a legitimate tenancy problem into an argument about the resident's disability.
When the animal damages the property
Permission to have an animal does not mean permission to damage the rental unit.
Scratched floors and doors, damaged carpeting, urine contamination and other animal-related damage can become part of the security-deposit accounting when the tenancy ends. The important distinction is between actual damage and ordinary wear and tear.
Documentation matters. Photographs, move-in and move-out records, invoices and evidence of the property's condition can help establish what the animal damaged and the reasonable cost of repair.
How Bornstein Law helps
Animal issues can quickly become landlord-tenant, fair housing and liability issues.
Bornstein Law helps housing providers develop and enforce pet policies, evaluate reasonable accommodation requests, respond to unauthorized animals, and address nuisance, aggressive behavior and property damage.
The goal is to respect legitimate accommodation rights while preserving the housing provider's ability to protect the property, other residents and the integrity of the tenancy.
Animal issues are easier to address when the rules are clear.
Whether the issue involves a pet policy, reasonable accommodation, unauthorized animal, nuisance behavior or property damage, we can help determine the housing provider's rights and the appropriate next step.