Are landlords allowed to advertise “no pets” policies in accordance with Fair Housing Law?
In general, landlords in California are not allowed to advertise “no pets” policies in accordance with Fair Housing Laws. This means that a landlord cannot include such a clause in a lease agreement, nor can they bar certain types of pets from living on their property. This also applies to breeds, such as pit bulls, that some landlords unjustly deem “dangerous” or “aggressive.” However, Fair Housing Law does allow landlords to put specific restrictions on the size or weight of a pet, as long as these do not disproportionately affect people with disabilities. These restrictions must be reasonably related to a legitimate business purpose, such as “pet-proofing” in order to minimize potential damage to the rental space. Also, landlords are allowed to charge an additional pet-related security deposit in order to cover any potential damages caused by a pet. In addition, they are allowed to require a pet addendum or rental agreement to name the pet and provide proof that the pet has been boarding an approved animal clinic or shelter that has administered any necessary vaccinations or other treatments to the pet. Ultimately, the purpose of Fair Housing Laws is to prevent discrimination on the basis of race, color, religion, sex, national origin, disability, and family status. As such, it does not allow landlords to bar tenants from having a pet, even if the landlord has specific concerns about the size or type of pet living on the property.
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