Q: Is my landlord violating the Free Housing Act?
Landlord requested a doc note for my dog who is over the 20 pound weight limit (never asked for a deposit) we issued a doc not ASAP from touchesa.com since my local doctor said he cannot prescribe an esa my best bet would try a doctor online. Gave the landlord the letter ASAP, no problems for little over a month and she took the letter. Then yesterday she served us with a three day notice noting we are in breach of the lease (dog no more than 20lbs). Called and asked about the ESA letter and said anyone can go online and buy an esa letter proceeding to tell me it is not valid enough as long with a policy change saying even a doctor note wouldn’t do anymore for a dog over 20lbs.
A:
The doctor's note, if valid, does not guarantee you the ability to keep a dog in your apartment. The landlord can still deny the animal if the specific animal:
poses a direct threat to the health or safety of others, or
would cause substantial physical damage to the property of others.
A weight limit rule does not take into account the characteristics of your specific animal, so the landlord's response would be a violation of California’s Disabled Persons Act.
However, the landlord's assessment of your ESA letter may be accurate. Purchasing a letter online is far less persuasive compared to a treating physician/psychiatrist/psychologist letter.
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