Q: Can I sue my landlord for not allowing my service animal to stay w/me .nor wants to make any spc.accommodations for me.
Nothing in my rental agreement says I can't have a dog or service animal. And he did evicted me for 4 days from the house for me bringing service dog. What court can I file against him ( federal, Superior,or civil courts .
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- California
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- Answered
A:
In California, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals, even if the rental agreement or lease states a "no pets" policy. Denying a reasonable accommodation request, such as allowing a service animal, is a violation of the Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA).
You have the right to file a lawsuit against your landlord for discrimination based on your disability and for not providing a reasonable accommodation for your service animal. Here are the steps you can take:
1. File a complaint with the Department of Housing and Urban Development (HUD) or the California Department of Fair Employment and Housing (DFEH). These agencies can investigate your complaint and mediate with your landlord.
2. If mediation is unsuccessful, you can file a lawsuit in either state or federal court. For federal court, you would file under the FHA. For state court, you would file under the FEHA.
3. In California, you can file a lawsuit in Superior Court, which has jurisdiction over civil cases. You may want to consider filing in Small Claims Court if your damages are under $12,500.
It is highly recommended that you consult with a local attorney specializing in housing discrimination and disability rights to assess your case and guide you through the legal process. They can help you determine the best course of action and in which court to file your lawsuit.
Additionally, if you were unlawfully evicted, you may have a separate claim for wrongful eviction damages. Your attorney can advise you on this matter as well.
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