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Old 08-05-2018, 06:24 PM
4 posts, read 2,682 times
Reputation: 10


In 2018 can you refuse service dog if landlord lives in 4 or less apt complex?
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Old 08-06-2018, 12:14 PM
Location: TOVCCA
8,452 posts, read 14,154,067 times
Reputation: 12512
An actual CA registered service dog, or do you mean an ESA?
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Old 08-06-2018, 08:07 PM
Location: On the water.
20,741 posts, read 13,745,180 times
Reputation: 18550
OP posted same question in the general CA forum ... and received answers:
Service dog exemptions

To summarize: No. A landlord cannot refuse a legitimate service dog, nor, in most cases, even an ESA, given medical recognition.

The exception the OP refers to is noted in FHAct law as: “... in some cases [a landlord who is an owner resident of a 4 unit or less property may be exempt from certain FHAct laws] ...”

An example would be if such landlord had a medically verifiable allergy to dogs.
Another example was: “... if the animal has acted viciously ...”

I couldn’t find any other exceptions, nor has anyone else come up with any.
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Old 09-29-2018, 01:55 PM
Location: Shallow alcove hidden from the telescreen
2,912 posts, read 10,727,677 times
Reputation: 1742
Not sure how helpful or relevant this might be: My doctor granted me a note stating her recommendation that I have a pet to help me with anxiety and depression after losing my wife. My pet is not a dog. It’s a cat. This is not a service animal of any kind, and neither the doctor’s note nor I make any claims of that. It’s simply a pet cat. However, the note was enough to satisfy my apartment’s management company. Hope this is helpful for someone who doesn’t need an official service animal, but is eased — for good reason — by having a four-legged companion of a reasonable size.
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Old 10-03-2018, 03:28 PM
Location: Ocean View, Hawaii
181 posts, read 148,032 times
Reputation: 159
There are a couple of important points to consider. If by "landlord" you mean someone that is not the building owner and uses the services of a broker to find tenants, then no, the owner of the building (and landlord) cannot decline renting to someone with a licensed service animal (not an ESA). However if the landlord is the owner and obtains tenants on their own, then yes, they do not have to follow the Federal Fair Housing laws regarding protected classes. Furthermore, in cases where the building categorically falls under the FH laws, the landlord/owner must make reasonable accommodations for the tenant unless they can show it would place an undo financial or other burden on the owner of the building. For example, the unit advertised is a 2nd story unit and there are only stairs. The prospective tenant is in a wheelchair. Neither the tenant nor the law can force the building owner to put in an elevator to accommodate the tenant. Or for example, the tenant is blind, the unit is ground floor with one step to a landing. The law could potentially make the building owner put in a handrail to accommodate the tenants visual handicap.
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