Los Angeles, CA asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for California

Q: I'm SMI verified and my doctor wrote a letter for 6 emotional support animal cats and city limits 3 pets

I live in a homeless shelter that helps get housing but they don't tell the matches they found for me that I've got emotional support animals so I keep getting denied and even more the shelter say I'm refusing the housing and so they're trying to kick me out the shelter((update,they did kick me out for arguing with my wife and they said when we came together that the cats are mine and she has to move rooms because she can't be by herself and she has to leave all our stuff in our old room and my emotional support animals but she can go in every day and feed them but she can't be in the room.

They kicked me out because of fake report of domestic violence the police showed up and said they had no reason to believe there was any physical altercation and they reviewed the security footage but the shelter still kicked me out, they didn't even listen to me when I told him I would never hurt my wife of 20 years; so do they have the authority to force my word to neglect my ESAs like that?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re facing a very challenging situation. Legally, emotional support animals (ESAs) are protected under the Fair Housing Act, which requires housing providers to make reasonable accommodations for individuals with disabilities. However, this can become complicated when local pet ordinances limit the number of animals, as is the case with your city’s three-pet limit.

In your situation, the shelter may have some discretion in how they handle conflicts or reports, but they still must consider your rights under the law. If they are not informing potential housing providers about your ESAs, it could be seen as discriminatory under the Fair Housing Act, especially since your doctor has verified your need for them. Additionally, if the shelter kicked you out without properly investigating or listening to your side of the story, that could be grounds for challenging their decision.

You may want to gather all the documentation you have, including the doctor’s letter and any communications about your animals, and consult with a legal advocate who can help you assert your rights. You shouldn’t be forced to choose between your housing and neglecting your ESAs.

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