OLR Report
2016-R-0049 answers several questions about California laws pertaining to
service dogs in housing and pit bulls in private homes.
The report
specifically examines whether the law pertaining to service dogs references
different breeds. It turns out it does not. Instead, the law prohibits denying
a person with disabilities equal access to housing accommodations, other than
renting a room in a single-family home, including refusing to lease or rent to
someone because he or she uses a guide dog (for the visually impaired), signal
dog (for the hearing impaired), or service dog (for other disabilities). The law does not define guide dog, signal
dog, or service dog based on breed.
California law does not set requirements specifically for pit
bull owners. Instead, it establishes restrictions for “potentially dangerous”
and “vicious” dogs as defined in the law, based on the individual dog’s conduct
(Cal.
Food & Agric. Code. § 31601 et seq.). If a dog is found
to be potentially dangerous, it must be properly licensed and vaccinated. When on the owner’s property, the dog must be
kept indoors or in a fenced in area to prevent the dog from escaping the area
and children from entering it. When the dog is off the owner’s property, a
responsible adult must keep it under control on a substantial leash. The local animal control department can
destroy a vicious dog, if after due proceedings, it is determined that the
dog’s release would create a significant threat to public health, safety, and
welfare.
