Legal Question in Disability Law in California

Re: When is an animal a ''service animal'' and not a ''pet''?

I, and probably most people, are aware of "epilepsy dogs" but I have never heard of a cat performing this function.

The new owners of your building do not understand the law. Cal. Civil Code � 54.1(a)(3)(B) provides that landlords are required to make reasonable accommodations for disabled people. The federal Americans With Disabilities Act of 1990 also protects you; its scope is broader than federal law and covers every type of service animal. (Public Law 101-336; 24 CFR � 100.204(b).

Cal. Civil Code �� 54.1(a)(6)(A) through (d) refers to service "dogs." Supposing you had an epilepsy dog, the landlord would have to permit the dog, subject to your being liable for any damage. Local animal control departments in California issue special tags for service dogs, see Cal. Food and Ag. �� 30850-30852, and you might possibly be able to persuade them to issue one for your cats, but tags are not required in order to be legally protected against discrimination.

The federal Americans With Disabilities Act is broader than federal law and covers every type of service animal. (Public Law 101-336; 24 CFR � 100.204(b).

Probably a court would find the refusal of the landlord to permit the cats is a violation of your civil rights and you would be entitled to damages, an injunction (a court order permitting the cats) and also your attorney fees.

If the landlord were stupid enough to do something such as harassing or attempting to evict you over this issue, you would be entitled to triple and/or punitive damages (Cal. Civil Code �� 52, 3345) as well as damages for your emotional distress, which I imagine would be substantial.

Ask the landlord to put it in writing, if you do not already have this, that they are requiring you to "remove your cats or face eviction." At the same time, I would get as much documentation as possible, such as letters from your neurologist and from the animal control department. Then I would see an attorney in your area experienced in landlord-tenant law, consumer law or civil rights law. Do not use an attorney who primarily represents landlords. First, I would have the attorney write to the landlord (on the attorney's letterhead) concerning the provisions of Cal. Civil Code �� 54.1 and 54.3 and demanding that the cats be allowed to stay. You could also file a complaint with the Cal. Dept. of Fair Employment and Housing under � 12948 of the Cal. Government Code. If I were the judge, and your case were to go to court, I would rule in your favor and order the landlord to pay your attorney fees pursuant to Cal. Civil Code � 54.3. You might also wish to contact your local newspaper or TV station; or the Service Animal Registry of America (http://www.affluent.net/sara/). Please write back and let me know how this works out, or if there is any other way in which I can be of assistance.