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I own a condominium in a building that prohibits all pets except service animals.  My tenant recently told me that he has an emotional condition and needs to get a cat.  I heard somewhere that a cat can be considered a service animal.  What’s the deal?

There are two categories of animals when it comes to housing.  Service animals, which can only be dogs, generally cannot be prohibited under any circumstances under the Fair Housing Act (“FHA”) and other state and federal laws.

The second category, emotional support animals, have been gaining popularity in recent years.  Sometimes referred to as “prescription pets,” residents in condominium properties that otherwise prohibit animals may be able to get around the rules against these animals by proving their animal assists them in coping with every day life.  Under the FHA, people have been allowed to keep monkeys that feed them, rats that detect muscle spasms, and snakes that can sense seizures.

Generally speaking, the FHA is favorable to owners of “emotional support animals.”  There is no requirement that such an animal is specially trained or certified.

The only requirement before a person is permitted to have an “emotional support animal” is a letter from a mental health  professional stating that the animal is needed to alleviate symptoms related to the underlying illness or disability.   The letter should demonstrate how the animal will affirmatively enhance the sick or disabled person’s quality of life, but there is no requirement that the “condition” be specially recognized by law.

As a landlord and/or condominium board, it is important to be cautious when asking for further documentation of the person’s alleged “condition.”  You are not entitled to medical or psychiatric records.  If you are skeptical, it is ok to ask for additional proof, but be extremely careful because recent law indicates a trend in favor of the resident’s privacy.

You can insist that your tenant provide evidence of the animal’s inoculation and vaccination.  Moreover, if you feel the animal could be a threat to others in the property, you have the right to request proof that the animal is safe.  Be cautious, however, in demanding a “pet deposit” or other financial guarantees related to the animal.

The bottom line:  Your tenant can probably have his cat, if he gets a valid note from his mental health professional.  However, you should speak with an attorney regarding the details of your case and to make sure you comply with all applicable laws.

 Junilla Sledziewski

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.

• Tenant placement
• Tenant screening (including: credit check, landlord and employment verification, social security trace report, california eviction check and criminal check)
• Regular property inspections
• Accounting and landlord bill payment
• Monthly financial reporting
• Maintenance service and supervision (we use only proven independent vendors)
• Collections
• Evictions
• We supply all the necessary forms to meet California’s Landlord/Tenant laws
• 24 hour emergency phone service
• Advertising to the broadest tenant base possible

Call or e-mail us today for more information. We’re ready to get started!

Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San FernandoValley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.