RentWatch RentWatch (January 06, 2006)

Q: My young son has been diagnosed with severe depression. His doctor has recommended that we get a small cat or dog as a companion for him. My rental agreement says pets are not allowed in the complex. I want to do the best for my son, but I'm unable to move. Can I get a pet anyway without being evicted?
A: Yes, provided you have a medical, psychological, or social services provider who can verify that a companion animal is needed to assist your son with his depression. The "no pets" rule does not apply when an animal lives with a family for reasons supported by a health-care professional. You will, of course, be required to pick up after the animal as well as be responsible for any damage the animal may cause. Also, a leash for a dog is usually required. No additional fees or deposit can be charged for a service animal.

In order to exercise this right, you must request that the rule be waived as an accommodation for your son's disability. Your landlord can ask for verification that the companion animal is medically or psychologically necessary to allow your son equal access to housing -- in other words, having a companion animal will assist him in some way with the normal activities of life, like sleeping, walking, eating, etc.

The landlord cannot ask personal questions about the nature of your son's disability. He or she is not entitled to know that your son suffers from depression, if you do not wish to divulge that fact. The medical provider's statement is sufficient to require the landlord to make some "reasonable accommodation" for your son's disability by waiving the usual rules or policies. If you'd like more information, or assistance with a reasonable accommodation request for a person with a disability, please call your local fair housing agency.
Martin Eichner edits RentWatch for Project Sentinel, an organization that provides landlord-tenant dispute resolution and fair housing services in Northern California and administers rental-housing mediation programs in Palo Alto and Mountain View. Call (650) 856-4062 for dispute resolution or (650) 321-6291 for fair housing.

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