Month: August 2017

All too often, our clients see more and more individuals attempting to move into their complex with a “companion animal” (i.e. Rosie, the 100 lb Pit Bull).

If you ever come across this situation, please call our office to explain the specifics of the matter and we can assist you in the best way to legally address the issue.  We also have all of the necessary forms should you choose to allow the potential tenant and their companion animal to move in.

Note:  In all cases, required verification of the companion animal is necessary before the tenant moves in.  The tenant asserts that he or she is disabled as defined by the California Fair Employment and Housing Act.*

The tenant confirms that the requested companion animal accommodation is related to the tenant’s disability and is necessary to allow the tenant full use/enjoyment of the premises.  The tenant understands that he or she is required to provide written verification from a health care provider or other credible third party who can competently verify the tenant’s disability and disability-related need for the companion animal.

[*The California Fair Employment and Housing Act Definition of Disability. Government Code Sections 12955.3 & 12926

“Disability” includes, but is not limited to, any physical or mental disability as defined below.

“Mental Disability” includes but is not limited to, all of the following:

1)    Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities that limits major life activity.  For purposes of this section:

A)   “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodation, unless the mitigating itself limits a major life activity.

B)   A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.

C)   “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.

2)    Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services.]

 

 

A hot topic that has been presented to our office by a variety of clients is…Bed Bugs!  We call them the flea’s hitchhiking cousin.

Legislation AB 551:

Civil Code 1942.5:   Amended.  Prohibits landlords and property owners from retaliation against a tenant who has given notice of a possible bed bug infestation.

Civil Code 1954.602:   Prohibits landlords/property owners from renting, leasing, or even showing a unit that is believed to have bed bugs.  This code does not require the landlord or property owner to actively inspect for bed bugs.  However, if a bed bug infestation is obvious, this code states that the landlord or property owner then is considered to have knowledge of bed bugs in the rental unit.

Civil Code 1954.603:   Requires a bed bug notice to be given to any and all new tenants on or after July 1, 2017 and to all existing tenants by January 1, 2018.

Civil Code 1954.604:  Deals with entry into a unit to inspect and/or treat for bed bugs.  Landlords and property owners are required to give this notice of intent to enter (Please contact our office if you need the form).  Tenants are then required to cooperate with these entry and inspection requests.  Tenants must provide any information that is requested by the landlord/property owner in order to facilitate the detection and treatment of bed bugs.

Civil Code 1954.605:   When a unit is occupied that has undergone bed bug inspection, this Code requires landlords/property owners to notify tenants within two business days after receiving certified results from a pest control specialist.  If the infestation occurs in the common areas, notice must be given to all tenants.