It depends on your screening process. Under California’s first-qualified screening option, you must provide your screening criteria in writing with the application, consider completed applications in the order received, and approve the first applicant who meets those criteria. Under that process, you cannot pass over a qualified applicant simply because someone applying later has higher income or a higher credit score.
California also allows an alternative process that requires refunding the entire screening fee to every unsuccessful applicant within seven days of selecting a tenant or 30 days after the application was submitted, whichever comes first. Fair housing requirements apply under either process.
What if I advertise “no dogs” and an applicant has an emotional support animal?
An emotional support animal is an assistance animal, rather than a pet. Housing providers generally must make a reasonable accommodation for an applicant’s disability-related need, even with a “no dogs” policy. You cannot charge pet rent or a pet deposit for the ESA. When the disability-related need is not apparent, you may request reliable supporting information. Limited legal exceptions apply, so requests should be evaluated individually. If you have questions about this or any other issue with y our rental...let's talk 760 822-1528.
