24May
During the pandemic, many people are looking to animals for support and companionship. You might wonder how your desire for animal companionship matches up with your status as a San Francisco renter.
If your animal is classified as a pet, your landlord has a right to prohibit you from having one if your lease contains a no-pets provision. This means that if you have a pet anyway, you can be evicted for violating your lease. However, the rules are different if your animal is not considered a pet and other conditions apply.
A service animal is one that has been trained to do tasks or work for the benefit of an individual with disabilities. For example, a seeing-eye dog for the blind.
A support animal is an animal that assists people with psychological problems just by being there with them-- unlike service animals who require special training and perform tasks for their guardians. Studies have shown the benefit of these animals to those that suffer from anxiety, depression, and other psychological afflictions that qualify as disabilities under the Americans with Disabilities Act (ADA).
Under the Unruh Civil Rights Act and the ADA, if you're a tenant with a disability, then a landlord can't unreasonably deny you a support animal, emotional support animal, or a service animal. They also can't evict you if you have one or require that you pay a pet rent or pet deposit for support or service animals.
Because the law entitles those with disabilities to have a service or support animal in their home, landlords are usually required to make an exception to their no-pets policy for a disabled tenant. If you want a support or service animal, you should go through the process first before bringing the animal to your unit. You can obtain a prescription or a letter from a health care professional, such as a physician or therapist that shows that you're disabled and explains the use of the animal as part of the treatment.
Next, you can request a "reasonable accommodation" from your landlord that you want a service or support animal. The landlord should honor your request, unless it causes an "undue financial or administrative burden" or it drastically changes the nature of the property.
If you're a disabled tenant who makes the request and are denied by your landlord, you can likely sue them for damages and attorney fees. Specifically, your damages could include the following:
If you're disabled and need an animal to help with your treatment, make sure that your landlord abides by the law. If they are wrongfully refusing your accommodation, then turn to an experienced tenants' rights attorney for help. Here at Wolford Wayne, we will investigate your situation fully and assist you with getting what you're entitled to receive. Contact us today to learn more about your case.
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks and harassment.Read More
Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water and cockroach/rat infestations.Read More
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.Read More
Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.Read More
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing. Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions and tenant harassment.Read More
Recovered on behalf of a tenant living in an illegal “in-law” unit. In this case, a new owner purchased the building and then demolished our client’s unit without permits while she was displaced for seismic retrofitting.Read More
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More
For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.