New law pits pets against landlords

Perhaps no other topic in our legal careers has incited so many emotions and ignited such a media firestorm than the discussion of pets in rental units. This area of law has evolved over many years and now has culminated in AB 2216. 

The bill aimed to prevent blanket bans in rental housing has sailed through the California Assembly and is sure to pass in the Senate. It has been significantly watered down since its introduction and attempts to balance the need for pet owners to put a roof over their heads and the concerns of housing providers that there will be potential damage to the property or disruptions caused by pets. 

We love animals and like many property owners, welcome a new pool of rental applicants. We also have an affinity for the rights of owners to use their discretion on whom to accept into their rental units. These goals are not mutually exclusive.

This is not a perfect world but, on balance, we think AB 2216 has been an exercise in democracy and does not eliminate a landlord’s ability to address problematic pets interfering with the quiet enjoyment of neighboring residents. 

Removed from the emotional fray, our job is to educate our community on the law and we do so in our latest article. 

A candid conversation with Berkeley property owners

We had the privilege of giving a talk about a myriad of legal issues impacting Berkeley housing providers. 

Get a summary of the discussion and download slides here »

We hope that everyone has enjoyed their Memorial Day Weekend as we get a respite with the courts being closed. 

English philosopher John Locke in 1690 wrote, "The end of the law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of law, where this no law, there is no freedom.” 

To which we would only add that without the brave sacrifice of our fallen heroes, there would be neither law nor freedom. 

Thanks for your continued engagement and if you have any questions, feel free to email me at daniel@bornstein.law.

Onward,

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