El Cajon, CA asked in Animal / Dog Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for California

Q: I've had my pitbull dog since 12/22/16, management told me that they are banned. What if I get him ESA certified?

I adopted my dog Derek on 12/22/16. We live in a mobile home park, all of the groundskeepers have seen him. On 04/0317, I was approached, while walking Derek, by management. She told me that pit bulls were allowed and that I would have to get rid of it. I'm about to go to counseling and hopefully get a letter signed saying I need Derek as a Emotional Support Dog. Is there anything else I need to do legally?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Hopefully you have the dog licensed in the city where you reside. Whether you do or not, you can call your local animal control department to determine whether there is an ordinance prohibiting the ownership of pit bulls. Even if there is, you need to further determine whether your dog qualifies under their definition of pit bull.

More importantly, if your animal is certified as a support dog, you should be allowed an exemption from any local city ordinance or management requirement which might otherwise prohibit ownership of your particular dog, and it would be unlawful to discriminate against you due to your need for a support animal.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in California

A: See: https://www.dor.ca.gov/DisabilityAccessInfo/DAS-Docs/SERVICE-ANIMAL-LAWS.pdf

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