Question:

Can a doctor’s note force a landlord to allow a dog in a “no-pets” apartment?

Dear Michael,

I heard that if someone lives in a dog-prohibited apartment but gets a letter from their doctor saying they need a dog for therapy that they can legally get one then.

Is that so?

I fell in love with a dog and am going through the exercise of what-if. My landlord prohibits dogs but the neighbor upstairs, who lives here part time, has one and said he is allowed for some unspecified medical reason.

Answer: Yes, that's the case, for the most part.  There are a few more hurdles to jump.

The reason it’s allowed is because the dog/cat acts as a therapeutic aid to help with a disorder/disease that would qualify the tenant to be considered "protected" under the Americans with Disabilities Act.  There’s a California-specific counterpart, too.

In order to have your potential new dog qualify, you'll want to do a few things.  You'll need to have a doctor write a letter saying that this dog is therapeutic for you in aiding a certain disorder/disease.  Most doctors choose something like anxiety disorder or depression. 

Armed with that letter, you should then write a letter to your landlord explaining that based on a doctor's recommendation, you'll be getting a "companion animal."  (This is a legal term and its actually legally different from "pet."  while an apartment might have a No Pets Policy, "companion animals" don't count under that restriction.) You'll request a "reasonable accommodation" to be made on account of the doctor's recommendation so that you can get a dog.  

This is where you'll need to cross your fingers a bit.  Since you’re doing it in advance, you can't really say to the landlord, "I'm getting a companion animal and its a big Rottweiler."  The landlord can say that a reasonable accommodation allows for a dog, but not a big dog, or not a yappy dog…you get the picture.

You should put in your letter that there's a nice 20 lb, small-medium, non aggressive, etc.... that you think would be perfect for the size of your apartment and for the size of the building.  You should put in your letter that you're willing to work with the landlord to determine what's a reasonable accommodation in light of the doctor's note.  In a word, schmooze.

Once you've got the landlord on board, you'll get your dog and then you'll need to register your animal with Animal Care and Control as a "companion animal."  you will then get the infamous "golden ticket."  This gold medallion will allow you to bring your dog ANYWHERE.  No restaurant can refuse you, no store can say, "get out."   just show them the golden medallion and let them know that your dog is a companion animal, not a pet.

OR, you can get the dog, register it as a companion animal (you'll need the doctor's letter), and then send the landlord a letter after the fact.  Landlords are in a pretty limited situation when it comes to companion animals, and they generally have no ability to fight back if you take this latter approach.  However, I generally find this approach to sour a relationship, and I don't believe that the tenant acts with good faith and deals fairly when they do this.  On the other hand, the latter approach is very common with larger buildings, or when you know your landlord is a jerk.

The legal advice offered here pertains to the specific set of circumstances being discussed in each post.  Answers given to questions answered on this blog will not necessarily pertain to all other similar cases.  For personalized legal advice, please contact Michael Blacksburg directly.