Legal Question in Constitutional Law in California
I live in a apatment complex and i"m being told that we cant have a pit bull, but other tenants are allowed to have dogs! isnt that prejudice or discrimination?
4 Answers from Attorneys
Want some prejudice? All pit bull owners like scaring the neighbors. Most of them are on parole, have prison tats on their faces, and cook meth in the kitchen. But you are one of the kind, gentle pit bull owners. Even so, your landlord's building is private property and they don't have to rent to you (unless it's a Service pit bull).
Yes it is prejudice. Yes it is discrimination. Unfortunately it is not illegal at all to be prejudiced and only discrimination based on specific protected classifications is illegal. Being a pit bull owner is not a protected classification.
The landlord seems to be treating all tenants alike: they can have a dog as long as it isn't a pit bull, and so can you. Any discrimination is against the breed and not against the owners. Anti-discrimination laws deal only with discrimination against groups of people. There are no laws that require landlords to treat all dog breeds alike.
It sounds as if you don't have a dog but want to get one. If that is the case, then choose a different breed. If you already have a pit bull and are being told to get rid of it then I empathize; I would not want to be in that position myself. But absent some unusual circumstances, your landlord can evict you if you insist on keeping a forbidden pet.