Assistance dogs
can be used regardless of "no pets" rules.
Assistance dogs, sometimes called guide, signal or service dogs, assist individuals who have physical disabilities such as blindness or deafness. In California, specific laws have been enacted to assist those who use a service animal. The California Penal Code provides regulations for assistance dogs, specifying when and where the dogs may be used.
Identification Requirements
According to California Penal Code 30850, assistance dogs must have an assistance dog identification tag verifying that the animal has been properly trained as a guide, signal or service dog. Tags may be applied for at the county clerk's office or at the animal control department. The law further states that identification tags must be returned after the death of an assistance dog.
Location Requirements
According to the California Penal Code, disabled people with assistance dogs may not be refused access to a "common carrier, airplane, motor vehicle, railway train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state." Furthermore, assistance dog owners may not be refused admittance to hotels, facilities, schools, amusement parks, resorts or any other place that accepts the public. The owner cannot be assessed additional charges because of the animal. Any business or person who refuses access may be found guilty of a misdemeanor with a fine of up to $2,500.
Rental Requirements
Rental agencies are not permitted to refuse accommodations to disabled individuals on the basis of their assistance animals. Reasonable modification, at the lessee's expense, may not be refused, though fees may be assessed for removal of modifications at the end of the lease. If an individual with a disability has additional animals that are not classified for assistance, then fees may be charged, or the individual may be refused the rental if a "no pet" policy is in place.
Liability Requirements
Although individuals with assistance animals may not be refused accommodations or services available to the general public, that does not mean that this individual is not liable for any damages caused by a service animal. Businesses are not responsible for providing additional accommodations that would not be offered to regular guests.
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