Therapeutic puppy must be allowed

Question: My young son has been diagnosed with severe depression. His doctor has recommended that we get a small cat or dog as a companion for him. My rental agreement says pets are not allowed in the complex. I want to do the best for my son, but I’m unable to move. Can I get a pet anyway without being evicted?

Answer: Yes, provided you have a medical, psychological or social services provider who can verify that a companion animal is needed to assist your son with his depression. The “no pets” rule does not apply when an animal lives with a family for reasons supported by a healthcare professional.

You will, of course, be required to pick up after the animal as well as be responsible for any damage the animal may cause. Also, a leash for a dog is usually required. No additional fees or deposit can be charged for a service animal.

To exercise this right, you must request that the rule be waived as an accommodation for your son’s disability. Your landlord can ask for verification that the companion animal is necessary to allow your son equal access to housing.

The landlord cannot ask personal questions about the nature of your son’s disability. He or she is not entitled to know that your son suffers from depression. The medical provider’s statement is sufficient to require the landlord to make some “reasonable accommodation” for your son’s disability by waiving the usual rules.

Can manager bar tenant’s brother?

Question: My brother visits my apartment on the weekends. The manager sent me a notice saying that she suspects my brother has a record of drug use and that he is not allowed on the property. The truth is he did have a drug problem but has been clean and sober for more than seven years.

Can the manager keep my brother from visiting me?

Answer: From the perspective of fair-housing laws, it may be discriminatory to prohibit your brother from visiting. If your landlord has actual, recent experience of your brother’s negative behavior on the property, the landlord may be able to exclude your brother, especially if he or she obtains a protection order.

However, it would be discriminatory for the manager to keep him from visiting because of an assumption that he is using drugs, based only on his past record.

The laws against disability discrimination in housing protect rehabilitated substance abusers from being treated differently than others.

Discuss the matter with your landlord to determine whether there is a nondiscriminatory reason for excluding your brother. If you are not satisfied, you and your brother would have standing to bring a complaint for a fair-housing violation.

You can file a complaint by calling the U.S. Department of Housing and Urban Development Fair Housing Enforcement Office or the California Department of Fair Employment and Housing.

Tenants don’t have to pay early

Question: There are several vacancies in the apartment complex I own, and I am having a short-term cash-flow problem. I asked my tenants to pay the rent early but some have refused. Don’t I have the right to ask for early payment for a short time?

Answer: Unless a tenant agrees voluntarily to honor your request, there is no state law that allows for changing the rent due date on an uneven or unpredictable basis. The only way you can change the date is with a written 30-day change of terms notice that details the new due date. The effort of prorating the rent to a lesser amount and waiting 30 days to enact the new due date may not be worth the effort for a short-term problem.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale- Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually.