🐶 Pet Policy 😸

We Love Pets! Please review our pet policy below before requesting a property tour or acquiring a new pet while living in one of our apartments. Our pet policy focuses on assuring the safety of our residents above all else.

Pet Policy

Revised August 10, 2016

This Pet Policy may be superseded by federal, state, county, or city laws or condominium HOA rules where applicable. Be sure to carefully review lease terms and any applicable HOA/CID governing documents before signing a lease.

We love pets. We know pets are like family. But we also love our residents, guests and visitors and we want to keep them all safe. If safety is a concern, we reserve the right to meet all pets before a lease is signed.

Safety is our top priority. Keeping our properties in good condition is also a high priority. We have formalized our Pet Policy to include provisions that help maximize safety, security, sanitary conditions and the comfort of everyone living on (and visiting) our property. We LOVE dogs, but safety, liability & insurance concerns prohibit us from allowing potentially dangerous breeds.š In California, "Cody's Law" (passed in August 1999) provides for felony charges with imprisonment of up to one year and fines of up to $10,000 if a dog that was trained to fight, attack, or kill causes substantial injury.

The aquarium policies are included to help minimize property damage and disruptions to habitability.²

Allowed Pets:

We only allow common domesticated animals such as dogs, cats, birds, fish, guinea pigs, rabbits, hamsters, gerbils, and small reptiles. Please discuss any pertinent companion or service animal accommodations needed with an MdRBR representative before signing a lease.

Pet "Quantity & Size" Limitations:

Explicitly Prohibited (All Properties):
The following animals are absolutely prohibited from residing in or visiting any MdRBR property.

Our policies regarding potentially dangerous breeds do NOT imply that any applicant's dog is vicious. The unfortunate statistics (e.g. number of lethal attacks by pit bulls vs. golden retrievers*) and insurance company policies have brought us to the conclusion that we must have and enforce a Pet Policy that helps avoid animal-inflicted injuries to anyone on our properties. We also need to "keep the peace" and absolutely prohibit nuisance (e.g. excessive barking) animals.

NO PET-SITTING services—whether for pay or for free—are ever allowed on any of our premises. If a guest is stopping by with a pet (which must NOT be on the prohibited list below), the guest's pet visit is limited to 12 hours within the span of a week unless written permission is provided by MdRBR.

Impact on Security Deposit:

We understand that even a well-trained animal may have an "accident" on the floor. We trust that you'll clean up after your pet. We also hope you don't have a pet that likes to scratch on doors or chew appurtenances to your rental property. If you do, please understand that any damage caused by your pet will come out of your security deposit. Such damage is not considered normal wear and tear under any circumstances. Likewise, if your aquarium cracks open and floods everywhere, you will be liable for water damage repair & potential mold growth, which could easily exceed your security deposit.

Leash & Cleanup:

Any dog brought by Residents or guests into any common area must be on leash at all times. Residents must clean up after animals. We do not charge a "pet fee" in our lease agreements (Security Deposit is intended to cover damage no matter the cause) but we may charge a cleaning or pick-up fee for pet owners who do not clean up after their pets.

Lease & Renters Insurance:

Please be sure to read all pet/animal-related terms in lease before signing, and ask for clarification if there's anything that is not clear. Lease terms will supersede all policies described here. All lease & rental agreements with MdRBR require renters insurance whether or not applicant has pet(s), service or companion animal(s). Renters insurance can help protect tenant in the event of a liability related to animal(s) on premises.

Thank you for your understanding and cooperation!

 


Companion & Service Animals: The Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988, requires property owners to make reasonable accommodations for a person with a disability, to enable them to enjoy the residence on an equal basis with tenants who are not disabled. 42 USC §3604(f)(3)(B). However, if the animal falls outside of the allowable pets on a given property, the Applicant shall provide documents showing that the dog or other animal is a reasonable accommodation and how it is necessary for use and enjoyment of the building before the rental application can be accepted. To prove that an accommodation is necessary, an applicant must [at minimum] show “that the desired accommodation will affirmatively enhance a disabled plaintiff’s quality of life by ameliorating the effects of the disability.”⁴

Service animals are regulated under the Americans with Disabilities Act (“ADA”). Emotional support and companion animals are governed by the Fair Housing Act (“FHA”). Service animals are trained and licensed. Only dogs and miniature horses can be officially designated as service animals. In compliance with US HUD directives, MdRBR may allow an exception to dangerous breed restrictions on a case-by-case basis for a properly licensed "support" or "assistance" animal, but such exceptions must be provided in writing by MdRBR before such animal may be allowed on premises.

See CA Government Code §§ 12926(p), 12927(c)(1),(e), 12948, 12955(d); CA Civil Code Sections 51, 51.2, 55.1(b). Also see Moskovitz et al., California Landlord-Tenant Practice, Section 2.27 (Cal. Cont. Ed. Bar 2011).


FOOTNOTES:

1) A 20-year (1979-1998) study by the American Veterinary Medical Association into fatal dog attacks on humans concluded that "fatal attacks on humans appear to be a breed-specific problem (pit bull-type dogs and Rottweilers)," and that "pit bull-type dogs and Rottweilers were involved in more than half" (67%) of all the 238 recorded dog bite-related fatalities (DBRF) in the United States during that period, with pit bulls accounting for 66 deaths. They also wrote that: "It is extremely unlikely that they accounted for anywhere near 60% of dogs in the United States during that same period and, thus, there appears to be a breed-specific problem with fatalities."

2) Ask an MdRBR representative for specific requirements for companion and service animals. For information on California's vicious dog legislation, see California Food & Agricultural Code, starting with § 31601. Please note that the CA F&A code [Div. 14, Art. 5, §31683] that prohibits regulation of dogs based on breeds does not apply to private property owners; it applies to [city/county] government agencies. California's "dog bite law" is found under CCC § 3342. A "dangerous dog law" may be the basis for civil liability under the doctrines of negligence and negligence per se, but are only one of a number of potential civil causes of action against the owner of a dog that bites or injures a person.

3) The "Pit Bull" in this context is any one of several breeds including American Pit Bull Terrier, American Staffordshire Terrier, Bull Terrier, American Bully, American Bulldog, Cane Corso, Dogo Argentino, Presa Canario, Staffordshire Bull Terrier, or any mix thereof.

4) Bronk v. Ineichen, 7th Circuit, 1995 [54 F3d 425].

 

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