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Landlord has no pets policy; I have clinical depression and have emotional support animals

Discussion in 'Other Residential Landlord & Tenant Issues' started by David Trujillo, Nov 10, 2021.

  1. David Trujillo

    David Trujillo Law Topic Starter New Member

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    Jurisdiction:
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    Hi,

    Long story short:

    -I rent from a guy who has 4 properties (I believe), nothing big, not apart of a realtor or anything like that.

    -I have clinical depression that impacts my life (prevents me from working at times).

    -My cats help alleviate my depressive symptoms and thus are my emotional support animals.

    -Landlord has a no-pet policy, but I can get the paperwork necessary from my therapist to bypass this with the Fair Housing Act (source: Fact Sheet: Rights to Assistance Animals in Housing | Disability Rights California)


    I just need to find out if I am protected because according to the U.S Department of Housing and Urban Development, in very limited circumstances, I may be exempt because I am in a single family home rented without an agent (source: Housing Discrimination Under the Fair Housing Act | HUD.gov / U.S. Department of Housing and Urban Development (HUD))

    How can I figure out if I'm exempt from this act? I don't want to go through the process, happy as hell that I can keep my cats, only to get smacked down because I'm not even protected in the first place.
     
  2. Zigner

    Zigner Well-Known Member

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    How many cats do you have?
     
  3. zddoodah

    zddoodah Well-Known Member

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    Did you read what you linked? The following is from the second link you provided: "In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members."

    You told us that you are "in a single family home rented without an agent," but...

    1. Is your home owner-occupied?
    2. How many units are in your home?
    3. Is your home operated by a religious organization or private club (and, if so, are you a member of the organization or club)?
     
    army judge likes this.
  4. army judge

    army judge Super Moderator

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    Umm, err, aah, Umm, err, not many, just a couple.

     
    Zigner likes this.
  5. Redemptionman

    Redemptionman Active Member

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    yeah, just find another place that will take you and Cats.
     
  6. flyingron

    flyingron Well-Known Member

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    A real clinical depression diagnisis is a disability under ADA (and similar California) law. Your ESA is an accommodation that should be allowed unless there is some overly compelling reason why not, and you can demonstrate some connection between the animal and your condition.

    The landlord can't charge you any more (animal fees, extra deposit, etc...) but you can expect to have your residence checked with high scrutiny on checkout to make sure any problems the pet has caused have been corrected.
     

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