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pinkclif

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Posts: 1
Reply with quote  #1 
I have a question. The condo association now allows pets pursuant to California Law.

They have just changed the rules to forbid tenants of homeowners from having pets.

Is this legal? Do Tenants have the same legal rights as homeowners? Is it discriminatory?
OHlandlord

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Posts: 3,717
Reply with quote  #2 
Tenants do not have the same rights as homeowners.  It is discriminatory, but all discrimination is not illegal.  Discrimination is only illegal if it is based on race, color, religion, sex, handicap, familial status, or national origin.   Any other discrimination is legal.  If I had some silly notion about not renting to anyone with a green shirt, I could legally do so.  No law says you must rent to people with green shirts.  A silly example, I know, but it is just to show that a LL may pick and chose (or discriminate) as long as it is not prohibited by the Fair Housing Act or other law. 

HOAs or COAs can also make rules that apply to just rentals.  The idea is that the tenant has no stake or financial interest in the unit.  If the pet causes damages to the common areas, the COA cannot lien their property (they don't own it).  A homeowner's condo could be liened if their dog damaged common areas.  COAs often make rental rules, and often limit the number of rentals within the property.  If the property already has reached the maximum number of rentals, no other owner can rent out his condo.  I don't agree with HOA or COA rules, but when you buy within that area, you sign an agreement that says you will abide by any rules the association issues.  This is why I don't buy within COA or HOA areas.

The big question is what will they do about existing tenants with pets?  Will they grandfather those since those tenants' leases already allow pets?  If you are the tenant, your LL needs to contact the COA and find out what the COA rules exactly.  If you are the LL, you need to attend association meetings to argue against and vote on silly rules like this.  They may have decided to grandfather existing tenants until lease ends.  Or no one may have even brought up the idea that dogs are already allowed under their leases.  If they failed to make allowances for tenants with pets who are still under lease, the LLs are going to have to approach the COA about this.

Leonardo74

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Posts: 5
Reply with quote  #3 
Pets can be allowed for tenants if it is not disturbance to the neighbors.  It can be solved by mutual understanding between owner and tenant. Only law can't answer this type of questions.

Cegonsoft

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carolinesmith09

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Posts: 17
Reply with quote  #4 
I strongly agree with Leonardo74. The matter can be discussed by both parties but if the tenant happens to sign any contract stating that he/she is not permitted to have pets inside the premises, then it would be illegal.
OHlandlord

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Posts: 3,717
Reply with quote  #5 

This isn't an issue between the owner and his tenant.  This issue is that the Association forbids tenants from having pets in the rental condos.  The Association can make rules or by-laws for the owners inside its complex and the owners must follow those rules, or work with the association to have the rules changed.

IsaacAnge

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Posts: 13
Reply with quote  #6 
I agree that it is a discriminatory.
OHlandlord

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Posts: 3,717
Reply with quote  #7 
Discriminatory?  Yes.  Illegal?  No.  All discrimination is not illegal.  Only that discrimination that violates Fair Housing Laws is unlawful.  You can legally discriminate against pet owners, smokers, people who own waterbeds, folks with tattoos, people with dirty cars, even people who are wearing zebra striped coats if you wish.  (Yes, I'm being silly - but trying to illustrate a point.)  You can legally discriminate as long as you aren't violating the law.
breemartel

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Posts: 5
Reply with quote  #8 
I think it'll depend on the owner of the rental house (or the deal they'll have with the tenant), 'coz I heard of some cases that landlords/owners has the policy of "no pets allowed".
LWright

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Posts: 16
Reply with quote  #9 
It depends on what is stated in the contract that the tenant signed. If the landlord had said that there is a no pet policy and it is stated in the contract that the tenant signed, then it would be a breach of that contract for the tenant to buy or own a pet while renting the apartment/condo. Whether this is fair or not, if it is what was agreed upon then you have to follow it.
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