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Is it legal for parks to allow some residents to have pets and not allow others to have them?

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It depends on the terms of the rental or lease contract. The MRL permits pets in parks with certain limitations, such as one domesticated dog, cat, bird or aquatic animal (kept within an aquarium), subject to “reasonable” park rules. (Civil Code §798.33) However, persons who signed a rental agreement prior to January 1, 2001 with a provision prohibiting pets are bound to that provision until the rental agreement expires or is renewed. Persons moving into a park after January 1, 2001 would be allowed to have pets that conform to the park’s rules as to size, height, or weight of the pet, and in some instances breed (e.g. some parks prohibit big dogs, pit bulls and certain breeds with so-called aggressive tendencies). However, a person with a disability has the right to have an assistive animal as a reasonable accommodation for the disability when necessary to ensure equal opportunity to use and enjoy the housing.

Recap:
● If the current rental agreement, with a “no pet” provision, was signed before 1/1/2001, then the resident is prohibited from having a pet.
● If the current rental agreement was signed after 1/1/2001, then the resident can have pets that conform to park rules.
● If the resident has a disability, then he/she may request an assistive animal as a reasonable accommodation for the disability.

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