Do Landlords Have To Accept Emotional Support Animals in California?
Yes, California’s emotional support animal laws require landlords to accept emotional support if tenants have a disability. With California’s ESA law, even if the landlords or homeowners’ associations have a no-pets policy, tenants and housing applicants with disabilities can keep their emotional support animal.
Tenants who use ESA are protected by the Federal Fair Housing Act, which recognizes that renters with mental and/or emotional disabilities often require assistance from companion or emotional support animals.
However, exemptions exist under Federal and State laws to allow landlords to reject ESAs.
California’s Assembly Bill No. 468 seeks to address the issue of increased misrepresentation and selling of emotional support animals as service animals.
It likewise seeks to prevent businesses that sell ESA certifications, harnesses, vests, and ID cards from misleading others into thinking the ESA is a service animal.
Signed on September 16, 2021, and effective on January 1, 2022, California’s new ESA Law requires all healthcare practitioners, including Board registrants and licensees, to comply with the following whenever they are providing documentation relating to a person’s need for an ESA:
In short, healthcare professionals cannot provide documentation on a person’s need for ESA unless these five conditions are met.
Dogs and cats are the most common emotional support animals. However, any kind of animal can be an emotional support animal as long as it eases the symptoms of the owner’s disability. There is also no requirement that such an animal must be specially trained or certified to be allowed accommodation in the housing.
What’s important is that the animal will not pose a direct threat to the people or property, fundamentally alter the nature of the services that the homeowner’s association or landlord provides, and impose undue administrative or financial burdens.
For example, asking the landlord to walk, clean up or feed after the said animal may be considered a fundamental alteration in the service that the landlord offers. Meanwhile, a direct threat is determined not based on the stereotypes about the breed but based on individual assessment of the animal’s behavior. Landlords can deny these ESAs since they can cause an undue financial burden to them and pose a danger to other tenants.
ESAs are allowed in all areas of the rented property or where persons are normally allowed, subject to exceptions mentioned above (impose undue administrative and financial burden, etc.). Yet, these animals are not allowed to roam off-leash because they must be in their owner or handler’s control all the time.
How To Qualify for an ESA
Licensed mental health professionals are authorized to recommend an ESA on a case-by-case basis. In California, a mental disability includes any psychological or mental disorder or condition (with some exceptions).
Difference Between a Service Animal and an Emotional Support Animal in California.
It is important to note, however, that emotional support animals are not service animals and are not granted the same rights under the California laws. Emotional support animals do not undergo training specific to the owner’s disability, which service dogs do.
Instead, ESA eases the effects of an individual’s disability by providing support and comfort.
Can a Landlord Charge for an ESA in California?
Landlords cannot ever require tenants to pay a pet deposit, additional security deposit, higher rent, or liability insurance if they are allowed by law to own an emotional support animal. ESA pet owners are liable to pay for repairs to any damage that their animal may cause.
What Qualifies as an Emotional Support Animal in California?
California law considers an emotional support dog as a dog that provides cognitive, emotional, and other similar support to a person with a disability and does not need to be certified or trained.
Can Tenants Have More Than One ESA in California?
Yes, tenants can have more than one ESA so long as each emotional support animal must help them with their disability in a certain way. This is covered in your ESA letter from the Licensed mental health professional (LMHP) or physician. It is important that the request for having more than one ESA must be reasonable. For example, bringing five Great Danes into a studio apartment wouldn't likely be considered reasonable.
If I’m From a Different State, Is My ESA Letter Still Valid in California?
If you already have an ESA but are from a different state and are moving to the Golden State, it will still be valid in California. The protections covered by the said out-of-state ESA letter are federal in the US, so long as it is presented without a period covered.
Many landlords and housing providers refuse to accept an ESA letter dated over a year ago. They may ask the tenant to submit a recent ESA letter to prove their need for such an animal remains relevant. If coming from out of state, it is recommended to get a new ESA letter because some landlords prefer it if it is issued by someone licensed in California.
When Can a California Landlord Deny a Request To Keep a Support or Service Animal?
California landlords can reject an emotional support animal if the said pet constitutes a direct threat to the safety and health of others or if it would cause substantial physical damage to the property of others.
"Information deemed Reliable but not Guaranteed. Soli Deo Gloria"
Latest Info regarding Emotional Support Animals and Fair Housing Law can be found Here
Yes, California’s emotional support animal laws require landlords to accept emotional support if tenants have a disability. With California’s ESA law, even if the landlords or homeowners’ associations have a no-pets policy, tenants and housing applicants with disabilities can keep their emotional support animal.
Tenants who use ESA are protected by the Federal Fair Housing Act, which recognizes that renters with mental and/or emotional disabilities often require assistance from companion or emotional support animals.
However, exemptions exist under Federal and State laws to allow landlords to reject ESAs.
California’s Assembly Bill No. 468 seeks to address the issue of increased misrepresentation and selling of emotional support animals as service animals.
It likewise seeks to prevent businesses that sell ESA certifications, harnesses, vests, and ID cards from misleading others into thinking the ESA is a service animal.
Signed on September 16, 2021, and effective on January 1, 2022, California’s new ESA Law requires all healthcare practitioners, including Board registrants and licensees, to comply with the following whenever they are providing documentation relating to a person’s need for an ESA:
- They must have an active, valid license with an effective date, jurisdiction, license number, and type of professional license in the documentation.
- They must be licensed to offer professional services only within the scope of their license or within their jurisdiction.
- They have conducted a complete clinical evaluation on the person regarding their need for an emotional support animal/dog.
- They must establish a comfort-provider relationship with the person for at least 30 days before providing that documentation.
- They must notify the individual that fraudulently or knowingly representing oneself as the trainer or owner of any canine licensed, identified, or qualified as a guide, service or signal dog violates Section 365.7 of the Penal Code. The said provision prohibits service dog fraud.
In short, healthcare professionals cannot provide documentation on a person’s need for ESA unless these five conditions are met.
Dogs and cats are the most common emotional support animals. However, any kind of animal can be an emotional support animal as long as it eases the symptoms of the owner’s disability. There is also no requirement that such an animal must be specially trained or certified to be allowed accommodation in the housing.
What’s important is that the animal will not pose a direct threat to the people or property, fundamentally alter the nature of the services that the homeowner’s association or landlord provides, and impose undue administrative or financial burdens.
For example, asking the landlord to walk, clean up or feed after the said animal may be considered a fundamental alteration in the service that the landlord offers. Meanwhile, a direct threat is determined not based on the stereotypes about the breed but based on individual assessment of the animal’s behavior. Landlords can deny these ESAs since they can cause an undue financial burden to them and pose a danger to other tenants.
ESAs are allowed in all areas of the rented property or where persons are normally allowed, subject to exceptions mentioned above (impose undue administrative and financial burden, etc.). Yet, these animals are not allowed to roam off-leash because they must be in their owner or handler’s control all the time.
How To Qualify for an ESA
Licensed mental health professionals are authorized to recommend an ESA on a case-by-case basis. In California, a mental disability includes any psychological or mental disorder or condition (with some exceptions).
Difference Between a Service Animal and an Emotional Support Animal in California.
It is important to note, however, that emotional support animals are not service animals and are not granted the same rights under the California laws. Emotional support animals do not undergo training specific to the owner’s disability, which service dogs do.
Instead, ESA eases the effects of an individual’s disability by providing support and comfort.
Can a Landlord Charge for an ESA in California?
Landlords cannot ever require tenants to pay a pet deposit, additional security deposit, higher rent, or liability insurance if they are allowed by law to own an emotional support animal. ESA pet owners are liable to pay for repairs to any damage that their animal may cause.
What Qualifies as an Emotional Support Animal in California?
California law considers an emotional support dog as a dog that provides cognitive, emotional, and other similar support to a person with a disability and does not need to be certified or trained.
Can Tenants Have More Than One ESA in California?
Yes, tenants can have more than one ESA so long as each emotional support animal must help them with their disability in a certain way. This is covered in your ESA letter from the Licensed mental health professional (LMHP) or physician. It is important that the request for having more than one ESA must be reasonable. For example, bringing five Great Danes into a studio apartment wouldn't likely be considered reasonable.
If I’m From a Different State, Is My ESA Letter Still Valid in California?
If you already have an ESA but are from a different state and are moving to the Golden State, it will still be valid in California. The protections covered by the said out-of-state ESA letter are federal in the US, so long as it is presented without a period covered.
Many landlords and housing providers refuse to accept an ESA letter dated over a year ago. They may ask the tenant to submit a recent ESA letter to prove their need for such an animal remains relevant. If coming from out of state, it is recommended to get a new ESA letter because some landlords prefer it if it is issued by someone licensed in California.
When Can a California Landlord Deny a Request To Keep a Support or Service Animal?
California landlords can reject an emotional support animal if the said pet constitutes a direct threat to the safety and health of others or if it would cause substantial physical damage to the property of others.
"Information deemed Reliable but not Guaranteed. Soli Deo Gloria"
Latest Info regarding Emotional Support Animals and Fair Housing Law can be found Here