[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text]<\/p>\n

THIS PROBABLY NEVER HAPPENED TO YOU, BUT\u2026.<\/p>\n

The tenant from #3 called.\u00a0 She said that she needed a dog.\u00a0 She said that she really needed a dog to help her with what she called a \u201cpanic disorder\u201d.<\/p>\n

We discussed this with the owner, and the owner took the request as just a \u201cbogus\u201d attempt to get around the House Rules which do not permit animals.\u00a0 The owner encouraged us to immediately issue a 3-Day Notice to Conform to Covenants.\u00a0\u00a0 We politely declined to do so, and advised the owner of the potential risks of such a course of action.<\/p>\n

Any attempt to remove a tenant that can possibly be linked to the tenant\u2019s disability would be BIG MISTAKE !!!<\/p>\n

These days we apartment owners and managers must be very careful anytime we hear the word \u201cdisorder\u201d, as it goes way beyond what we once thought of as a disability.\u00a0 We all understand that in spite of House Rules against animals, we would immediately accept a \u201cseeing-eye-dog\u201d.\u00a0 But the concept of disability has been (and will likely continue to be) expanded here in California.\u00a0 In the situation mentioned above, if the tenant had been able to prove in court that she was, in fact, disabled, and that the owner had acted in violation of the Americans with Disabilities Act, <\/b>not only would the eviction have been disallowed, but the owner could also be assessed a whopping penalty for the violation.<\/p>\n

We\u2019re operating our rental businesses in an ever-changing frontier.\u00a0 There was a time not long ago when you could tell a disability by the common signs:\u00a0 a wheel-chair, a cane, or seeing-eye-dog.\u00a0 Not anymore.\u00a0 But just because a tenant claims a \u201cdisorder\u201d or \u201cdisability\u201d does not necessarily mean that it is so.\u00a0\u00a0 So far, it is legally permissible to make reasonable inquiry into the nature and extent of a claimed disability, where the disability would not be obvious to informed observation.\u00a0 For example, it is not unreasonable to request a signed statement from the tenant\u2019s health-care provider addressing the following:<\/p>\n

\n
1. \u00a0The \u201cqualifications\u201d or \u201cmedical degrees\u201d held by the person recommending the treatment.<\/li>\n
2. A clear statement that this tenant has a disability.<\/li>\n
3. The specific accommodation that the health care provider is requesting relative to this tenant\u2019s living situation ?<\/li>\n<\/ol>\n

   And even if a tenant is \u201cdisabled\u201d, the accommodation you make only needs to be \u201creasonable\u201d, as ill-defined as that is.\u00a0\u00a0 For example, a \u201cdisabled\u201d tenant might be given a more convenient parking space, but it may not be \u201creasonable\u201d if the tenant asks for two parking spaces in a building where there is only one space per unit.\u00a0 It all depends on the situation, and your good judgment.<\/p>\n

   Dear Readers: This article is the 157^{th<\/sup> <\/b>in a series based on the lessons we have learned the hard way.\u00a0 The contents of these articles are merely opinions of the writer.\u00a0 They are not intended as specific legal advice and should not be relied upon for that purpose.\u00a0 Our practice is in constant refinement as we adjust the way we operate to an ever- changing market.\u00a0 I appreciate your questions, comments, suggestions, and solutions.\u00a0 Contact C. Finley Beven, JD, CPM, CCAM, \u00a0\u00a099 S. Lake Avenue, \u00a0Pasadena.\u00a0 (626) 243-4145.\u00a0\u00a0 FinBeven@msn.com<\/a><\/p>\n}

   [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"

   [et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text] THIS PROBABLY NEVER HAPPENED TO YOU, BUT\u2026. The tenant from #3 called.\u00a0 She said that she needed a dog.\u00a0 She said that she really needed a dog to help her with what she called a \u201cpanic disorder\u201d. We discussed this with the owner, and the owner took the request as just a […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"

   THIS PROBABLY NEVER HAPPENED TO YOU, BUT\u2026.<\/p>

   The tenant from #3 called.\u00a0 She said that she needed a dog.\u00a0 She said that she really needed a dog to help her with what she called a \u201cpanic disorder\u201d.<\/p>

   We discussed this with the owner, and the owner took the request as just a \u201cbogus\u201d attempt to get around the House Rules which do not permit animals.\u00a0 The owner encouraged us to immediately issue a 3-Day Notice to Conform to Covenants.\u00a0\u00a0 We politely declined to do so, and advised the owner of the potential risks of such a course of action.<\/p>

   Any attempt to remove a tenant that can possibly be linked to the tenant\u2019s disability would be BIG MISTAKE !!!<\/p>

   These days we apartment owners and managers must be very careful anytime we hear the word \u201cdisorder\u201d, as it goes way beyond what we once thought of as a disability.\u00a0 We all understand that in spite of House Rules against animals, we would immediately accept a \u201cseeing-eye-dog\u201d.\u00a0 But the concept of disability has been (and will likely continue to be) expanded here in California.\u00a0 In the situation mentioned above, if the tenant had been able to prove in court that she was, in fact, disabled, and that the owner had acted in violation of the Americans with Disabilities Act, <\/b>not only would the eviction have been disallowed, but the owner could also be assessed a whopping penalty for the violation.<\/p>

   We\u2019re operating our rental businesses in an ever-changing frontier.\u00a0 There was a time not long ago when you could tell a disability by the common signs:\u00a0 a wheel-chair, a cane, or seeing-eye-dog.\u00a0 Not anymore.\u00a0 But just because a tenant claims a \u201cdisorder\u201d or \u201cdisability\u201d does not necessarily mean that it is so.\u00a0\u00a0 So far, it is legally permissible to make reasonable inquiry into the nature and extent of a claimed disability, where the disability would not be obvious to informed observation.\u00a0 For example, it is not unreasonable to request a signed statement from the tenant\u2019s health-care provider addressing the following:<\/p>

   1. \u00a0The \u201cqualifications\u201d or \u201cmedical degrees\u201d held by the person recommending the treatment.<\/li>
   2. A clear statement that this tenant has a disability.<\/li>
   3. The specific accommodation that the health care provider is requesting relative to this tenant\u2019s living situation ?<\/li><\/ol>

      And even if a tenant is \u201cdisabled\u201d, the accommodation you make only needs to be \u201creasonable\u201d, as ill-defined as that is.\u00a0\u00a0 For example, a \u201cdisabled\u201d tenant might be given a more convenient parking space, but it may not be \u201creasonable\u201d if the tenant asks for two parking spaces in a building where there is only one space per unit.\u00a0 It all depends on the situation, and your good judgment.<\/p>

      Dear Readers: This article is the 157^{th<\/sup> <\/b>in a series based on the lessons we have learned the hard way.\u00a0 The contents of these articles are merely opinions of the writer.\u00a0 They are not intended as specific legal advice and should not be relied upon for that purpose.\u00a0 Our practice is in constant refinement as we adjust the way we operate to an ever- changing market.\u00a0 I appreciate your questions, comments, suggestions, and solutions.\u00a0 Contact C. Finley Beven, JD, CPM, CCAM, \u00a0\u00a099 S. Lake Avenue, \u00a0Pasadena.\u00a0 (626) 243-4145.\u00a0\u00a0} FinBeven@msn.com<\/a><\/p>","_et_gb_content_width":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/pages\/972"}],"collection":[{"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/comments?post=972"}],"version-history":[{"count":2,"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/pages\/972\/revisions"}],"predecessor-version":[{"id":2312,"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/pages\/972\/revisions\/2312"}],"wp:attachment":[{"href":"https:\/\/www.bevenandbrock.com\/wp-json\/wp\/v2\/media?parent=972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}