Cal. Civ. Code § 36-96.3:1
Rights and responsibilities with respect to the use of an assistance animal in a dwelling.
Operative Text
A. A person with a disability, or a person associated with such person, who maintains an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. Such person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for such damages in accordance with such documents or state law. Nothing herein shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth. B. If a person's disability is obvious or otherwise known to the person receiving a request, or if the need for a requested accommodation is readily apparent or known to the person receiving a request, the person receiving a request for reasonable accommodation may not request any additional verification about the requester's disability. If a person's disability is readily apparent or known to the person receiving the request but the disability-related need is not readily apparent or known, the person receiving the request may ask for additional verification to evaluate the requester's disability-related need. C. A person with a disability, or a person associated with such person, may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Subject to subsection B, the person receiving the request may ask the requester to provide reliable documentation of the disability and the disability-related need for an assistance animal, including documentation from any person with whom the person with a disability has or has had a therapeutic relationship. D. Subject to subsection B, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation that verifies the disability and the disability-related need for the reasonable accommodation regarding an assistance animal. E. For purposes of this section, "therapeutic relationship" means the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by (i) a mental health service provider as defined in § 54.1-2400.1 ; (ii) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; (iii) a person from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester's disability; or (iv) a caregiver, reliable third party, or government entity with actual knowledge of the requester's disability. F. No person listed in clauses (i) through (iv) of subsection E shall provide fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person requesting a reasonable accommodation pursuant to this section. A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Virginia Code § 36-96.3:1 establishes the framework governing assistance animals in residential dwellings. A person with a disability may keep an assistance animal without paying pet fees, deposits, or additional rent, though they remain responsible for any physical damage the animal causes to the extent that pet-owning residents generally are. The law also sets out when a housing provider may or may not ask for documentation of a disability or disability-related need, and it prohibits anyone in a recognized therapeutic relationship from providing fraudulent documentation to support an accommodation request—a violation treated as a prohibited practice under the Virginia Consumer Protection Act.
Plain English — not legal advice.
Under Va. Code § 36-96.3:1, compliant housing operators do not charge pet fees, pet deposits, or rent surcharges for approved assistance animals, while still holding residents responsible for physical damage consistent with the property's standard damage policies. When evaluating an accommodation request, operators assess whether the disability or the disability-related need is already obvious or known before deciding whether to seek additional documentation, and they limit any documentation requests to reliable verification of the disability and its nexus to the animal. Operators also take care not to accept or rely on documentation they have reason to believe is fraudulent, as fraudulent documentation from a provider triggers liability under the Virginia Consumer Protection Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 36-96.3:1 gives residents with disabilities—or those associated with such persons—the right to request a reasonable accommodation to keep an assistance animal without being charged pet fees or additional rent. If a housing provider asks for documentation, the law limits what they may request based on how apparent the disability and the related need already are; tenants who believe a provider has overstepped those limits or wrongfully denied a request may consider raising the violation as a defense in any related proceeding, filing a complaint with a fair housing agency, or reaching out to a tenant-rights or disability-rights organization for guidance. Because fraudulent documentation from a therapeutic-relationship provider is itself a violation under § 36-96.3:1, tenants should ensure any supporting documentation comes from a legitimate source as defined in the statute.
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 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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