Feature
by Will Anzenberg
According to The National Council for Pet Population Study and Policy, the top two reasons for dog relinquishment to shelters is moving and landlord issues, respectively. For cats, it is the third and fifth most cited reasons for relinquishing to shelters.
For many Bay Area renters with pets, the claim that San Francisco is the pet friendliest city in the United States seems like a contradiction when one looks at the low percentage of rental units that allow pets. Certainly, the tragic death of Diane Whipple will only make a bad situation worse. Make no mistake, however, about what the San Francisco SPCA (SF/SPCA) and other animal welfare organizations constantly advocate to the community - permitting responsible pet ownership in housing is the smart and right thing to do.
Beyond the Tight Housing Market
The long-standing claim has been that the lack of available rental
units in San Francisco for people with pets simply reflects the
supply-demand curve of the housing market. However, one need only
to look at other cities with tight housing markets, such as New
York and Honolulu, and see those pet-owning tenants are having better
success in obtaining suitable housing under adequate lease terms
than their San Francisco counterparts.
Good Business Sense
With the anticipated loosening up of the rental and housing markets,
it is hoped that some rational discussion and planning take place
when landlords look to rent their units. There is enough evidence
from insurance companies and organizations like the National Council
on Pet Study and Policy and the Delta Society that shows responsible
pet owners are also more responsible tenants, they reduce turnover
and vacancy rates, increase profitability, and enhance the safety
and security of the surrounding area. Simply put, it makes good
business sense to rent to pet owners. When the SF/SPCA hears of
landlords that have had bad experiences with pet-owning tenants,
invariably we also find that a coherent and consistent pet policy
was lacking.
Policies that Reflect Behavior
However, in the wake of Diane Whipple's death, the expectation
is that more and more apartment leases will contain no-pet clauses,
or that there will be the expansion of what constitutes a "dangerous
dog" or "nuisance" as applied to pets. These laws currently serve
the needs of all communities, but, as usual, it comes down to enforcement
and education on the issues. New legislation that does not provide
for enforcement or public education fails time and time again.
It seems that if San Francisco wants to truly show that it is a dog friendly city, the next step is for landlords to work on a sound policy to rent to people with pets. The SF/SPCA has a listing of successful pet policies for property owners to review. Additionally, pet owners need to be responsible for following the applicable local and state laws as well as conducting themselves according to the terms of the lease. If there are specific issues with a pet then they should be addressed in a responsible manner. For example, if there is a concern about the tenant's dog being left alone while the tenant is at work, the parties should discuss whether doggy daycare or a dog walker is appropriate. The SF/SPCA also provides tips to pet owners that are seeking housing such as having a resume for their pet.
While acknowledging that certain rules are reasonable under most situations, the SF/SPCA cannot stress enough that the key to having a workable set of pet policies is to develop rules based on responsible dog ownership factors, not breed or weight. Making blanket restrictions, such as the unit will not be rented to anyone with a dog more than 25 pounds is misconceived.
The SF/SPCA has been working with landlords and tenants on sound pet policies. Better outcomes for tenants and landlords will come from those groups working together. Faced with increasing opposition to renting to people with pets, however, the SPCA will be exploring advocacy laws, similar to those in New York City and Westchester County, that will provide a modicum of protection for responsible pet-owning tenants by balancing the interests of the tenant in keeping a companion animal who is not a nuisance, against the right of a landlord to protect a property. In these jurisdictions, landlords are prohibited from evicting a tenant with a companion animal from an apartment, absent a specific prohibition in the lease term and where the animal is not otherwise creating a nuisance, destroying the rental property, or violating other provisions of city and state law. Further, landlords are estopped from evicting tenants with companion animals who fail, within a three month period from when the landlord or their agent has knowledge of the companion animal, to commence a summary proceeding or action to enforce a lease provision prohibiting the keeping of such household pets.
About the Open Door Program
The SF/SPCA Open Door Program encourages property owners to rent
to responsible pet owners, and supports the efforts of tenants
searching for pet-friendly housing. The Society has guides available
for landlord and tenant organizations, rental agencies, community
leaders, tenants, and the news media. It should be noted that SF/SPCAÕs Law & Advocacy
department does not provide legal advice or act as the personal
attorney for individuals. If you do encounter problems related
to pets in housing, you should investigate whether you need to
obtain a lawyer and contact the local or state bar association.
All inquiries regarding the program should be directed to Open
Door Hotline at the SF/SPCA at (415) 554-3098. The webpage for
the Open Door program is http://www.sfspca.org/opendoor.html.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Will Anzenberger is the Director of Law & Advocacy for the San Francisco SPCA. © Copyright 2001.
<