Janush

ORDER DENYING MOTION TO DISMISS AND DENYING MOTION FOR SUMMARY JUDGMENT

The motions of defendants Charities Housing Development Corp. (“CHD”), Sherene Bigelow and Anne Stahr (collectively “defendants”) to dismiss and, in the alternative, for summary judgment, were heard by the court on June 16, 2000. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court denies the motions.

I. FACTUAL BACKGROUND

Plaintiff Brenda Janush (“plaintiff’) suffers from a severe mental health disability. Plaintiffs treating psychiatrist, Dr. David Kilgore, has testified that plaintiffs pets, two birds and two cats, lessen the effects of this disability by providing her with companionship and are necessary to her mental health.

On December 6, 1999, plaintiff signed a rental agreement for an apartment in Pen-sione Esperanza, a low-income apartment building run by CHD, a non-profit corporation affiliated with Catholic Charities of Santa Clara County. Paragraph 23 of the rental agreement contains a “no pets” clause. Plaintiff did not alert CHD to the presence of her animals prior to moving into the apartment on January 2, 2000. On…