By Lynn Dover, Esq.; Shawn Bankson, Esq.; Susie Lein, Esq.
Question: What is the difference between a companion animal and a service animal?
Answer: There is no difference. In the eyes of the law, they are both types of assistive animals for persons with disabilities.
Question: I have an applicant who uses a wheelchair. She wants me to put a ramp into her unit, widen her doorways and install a roll-in shower for her. Do I have to do this? My property was built in 1972.
Answer: As long as your property is not federally funded, you do not have to make these modifications for the applicant. However, you do have to allow the applicant to make the modifications herself, at her own expense (assuming she rents the unit from you). The work must be done in a workmanlike manner and if the cost of the labor and materials would exceed $500, California law requires it be done or supervised by a licensed contractor.
Question: Can I prohibit a resident from having a pit bull as an assistive animal?
Answer: No. You cannot impose breed restrictions on assistive animals. If a particular animal (regardless of breed) has a history of biting or other dangerous behavior, that animal should be able to be denied (although the resident could get a different animal).
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.