If a person has a doctor's excuse or perscription to have a pet for a companion for medical reasons like a mental condition and the apartment complex and application say no pets allowed is it llegal to turn them down because of having the pet in California?
In CA you cannot turn down an "assist" animal that aids disabled or blind people-and that's ANY type of animal including like a monkey. (We had an applicant once....) but a comfort animal I'm not so sure about. Technically-as far as I can tell-there are not any actual laws regarding this type of thing.
Honestly-the BEST thing you can do-make a complaint to HUD and the CA DRE. For DRE you can go to http://www.ca.gov and just link into their part of site and I think HUD has a similar site as well. There might even be other good outlets to complain to. Unfortately-if nobody actually bothers to make a fuss-legislation will never be passed regarding this matter.
Can I be evicted for having a "therapy dog" if my lease states no pets? Are there any laws in CA that will protect me?
Sorry-but yes you can. They can't evict you for an "assistance animal"-and that can be ANY animal-even a monkey. (Yes-We had an applicant once...) But there aren't any laws covering "comfort animals..."
You can try contacting an ADA lawyer though and seeing if you can get any help that way. When they serve you the three day-go to court and make a fuss. Maybe some case law will start developing. If nobody makes a fuss-it will never happen.
And yes-we are in CA-so I know for sure CA doesn't have this yet.