Cal. Civ. Code § 66-28-406

Exception to policy prohibiting or limiting, or requiring payment for, animals or pets for tenant or prospective tenant with disability who requires use of service animal or support animal.

In Force
Verified 10/29/2026 · Next check 11/5/2026
TennesseeReasonable Accommodations/Modifications

Operative Text

Cal. Civ. Code § 66-28-406
(a) As used in this section:
(1) “Disability” means:
(A) A physical or mental impairment that substantially limits one (1) or more major life activities;
(B) A record of an impairment described in subdivision (a)(1)(A); or
(C) Being regarded as having an impairment described in subdivision (a)(1)(A);
(2) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of any state to administer health care in the ordinary course of business or practice of a profession;
(4) “Reliable documentation”:
(A) Means written documentation provided by:
(i) A healthcare provider with actual knowledge of an individual's disability;
(ii) An individual or entity with a valid, unrestricted license, certification, or registration to serve persons with disabilities with actual knowledge of an individual's disability; or
(iii) A caregiver, reliable third party, or a governmental entity with actual knowledge of an individual's disability; and
(B) Does not include documentation provided through a website, the primary function of which is to provide a certificate, registration, license, or similar document for a service animal or support animal for a fee;
(5) “Service animal” means a dog or miniature horse that has been individually trained to work or perform tasks for an individual with a disability; and
(6) “Support animal” means an animal selected to accompany an individual with a disability that has been prescribed or recommended by a healthcare provider to work, provide assistance, or perform tasks for the benefit of the individual with a disability, or provide emotional support that alleviates one (1) or more identified symptoms or effects of the individual's disability.
(b) A tenant or prospective tenant with a disability who requires the use of a service animal or support animal may request an exception to a landlord's policy that prohibits or limits animals or pets on the premises or that requires any payment by a tenant to have an animal or pet on the premises.
(c) A landlord who receives a request made under subsection (b) from a tenant or prospective tenant may ask that the individual, whose disability is not readily apparent or known to the landlord, submit reliable documentation of a disability and the disability-related need for a service animal or support animal. If the disability is readily apparent or known but the disability-related need for the service animal or support animal is not, then the landlord may ask the individual to submit reliable documentation of the disability-related need for a service animal or support animal.
(d) A landlord who receives reliable documentation under subsection (c) may verify the reliable documentation. However, nothing in this subsection (d) authorizes a landlord to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant's or prospective tenant's disability.
(e) A landlord may deny a request made under subsection (b) if a tenant or prospective tenant fails to provide accurate, reliable documentation that meets the requirements of subsection (c), after the landlord requests the reliable documentation.
(f)
(1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant:
(A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or
(B) Provides documentation under subsection (c) that falsely states an animal is a service animal or support animal.
(2) In the event of any violation of subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees.
(g) Notwithstanding any other law to the contrary, a landlord is not liable for injuries by a person's service animal or support animal permitted on the premises as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended (42 U.S.C. §§ 3601 et seq.); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 701); or any other federal, state, or local law.
(h) Only to the extent it conflicts with federal or state law, this section does not apply to public housing units owned by a governmental entity.
Source: Legislative text reproduced verbatim
Plain English

Tennessee Code Ann. § 66-28-406 establishes that tenants and prospective tenants with disabilities have the right to request an exception to a landlord's no-pet or pet-fee policy when they require a service animal or support animal. Landlords may ask for "reliable documentation" of the disability and the disability-related need, but only under defined circumstances, and they cannot demand confidential medical records. Tenants who misrepresent a disability or falsify documentation face serious consequences, including potential termination of their tenancy, while landlords who permit service or support animals as a reasonable accommodation are shielded from liability for injuries caused by those animals.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 29, 2026

Plain English — not legal advice.

For Property Managers

Under Tenn. Code Ann. § 66-28-406, compliant operators generally have a clear process for handling accommodation requests: when a disability is not readily apparent, they may request written documentation from a qualified source—such as a licensed healthcare provider or a government entity with actual knowledge of the individual's disability—but they stop short of seeking protected medical records. Landlords should be aware that documentation obtained through websites primarily selling animal certificates or registrations for a fee does not qualify as "reliable documentation" under this section. When a tenant is found to have misrepresented a disability or falsified documentation, § 66-28-406(f) permits the landlord to terminate the tenancy and pursue damages, including reasonable attorney's fees.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenn. Code Ann. § 66-28-406 gives tenants and prospective tenants with disabilities the right to request an exception to no-pet policies or pet-fee requirements when a service animal or support animal is needed because of their disability. If a landlord asks for documentation, the law specifies what counts as acceptable—written verification from a healthcare provider, a licensed disability-services professional, or certain other qualified parties—and explicitly excludes pay-to-certify websites. Tenants who believe their rights under § 66-28-406 have been violated may consider contacting a local tenant-rights organization, a fair housing agency, or consulting with a legal aid office to understand the range of options available to them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

Rules and statutes cited by this regulation

42 U.S.C. § 3601
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42 U.S.C. § 12101
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29 U.S.C. § 701
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Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990