The rights of emotional support animals, or ESAs, are protected by federal law. California residents are also subject to state-specific laws regarding ESAs, some of which have been updated for 2022.
It’s important to note that these laws only apply to emotional support animals, not service animals. ESAs are often trained for a specific owner’s needs, but they are not trained for specific tasks to aid a handler with a disability.
Emotional Support Animal Housing Rights
Although it’s important to note that emotional support animals do not have the same rights as service dogs, most landlords in California are required by law to allow legitimate ESAs to live with their owners in a rented property.
Under the California Fair Employment and Housing Act, landlords are prohibited from discriminating against tenants with disabilities.
ESALetters.com
Tenants with certain disabilities may be allowed to have one or more emotional support animals, so long as they have an ESA letter from a licensed healthcare professional. Some disabilities that may qualify for an ESA include:
- depression
- severe anxiety
- post-trauma stress disorder (PTSD)
- attention deficit hyperactivity disorder (ADHD)
- bipolar disorder
Even if a building’s policy bans the ownership of all animals, landlords are required to reasonably accommodate tenants with emotional support animals. They may not discriminate based on the animal’s size or breed. Additional housing fees, “pet fees,” liability insurance, or deposits for ESAs are also prohibited.
However, if an emotional support animal causes damage to the property, excluding regular wear and tear, the animal owner is responsible for the cost of repairs.
Tenants can have more than one ESA, but each animal must be covered by an ESA letter from the tenant’s healthcare provider. However, landlords are allowed to consider the cumulative impact of multiple animals in the same dwelling.
It is legal for a landlord to deny a tenant with an ESA if the landlord believes that the animal is a direct threat to others or their property. However, this perceived threat may not be based on the animal’s size or breed, and it must be determined whether the threat can be mitigated by reasonable accommodation.
Want to know if you qualify for an ESA? We can connect you with a licensed therapist online for your ESA letter consultation.
Start your 2 minute assessmentLandlord Noncompliance
As previously stated, California landlords are required by law to make reasonable accommodations for emotional support animals. Otherwise, the landlord faces a violation of state and federal laws.
In 2016, Santa Monica resident Katie requested permission from her landlord to obtain an emotional support animal after being approved by her doctor. The landlord initially denied her request to house a dog, suggesting that a cat would be a better option, despite Katie’s objections regarding her fiancé’s cat allergy.
To resolve the issue, Katie contacted the Santa Monica City Attorney’s Consumer Protection Division. After being informed of the laws regarding ESAs in the state of California, the landlord finally relented and allowed Katie to live with her emotional support dog without any unfair restrictions on her lease.
Had the landlord been unwilling to accommodate Katie’s ESA, he could have faced fines and penalties for violating the law. And potentially owing monetary damages to his tenant for any mental or emotional distress caused by denying her request for an ESA.
California’s New Emotional Support Animal Law
California residents who own emotional support animals should always be aware of changes to the law that may affect them. Changes to the existing ESA laws have gone into effect beginning January 1, 2022. These changes are intended to further clarify the difference between an emotional support animal and a service animal.
Under California law, a person who knowingly and fraudulently represents an ESA as a service dog may be found guilty of a misdemeanor and may be subject to a civil penalty of $500 for the first offense and up to $2,500 for subsequent violations.
ESALetters.com
The most notable change under this new California law is that patients must have an established relationship with a healthcare provider for at least 30 days before an ESA letter can be granted. This will require ESA owners to plan ahead if a change of living situation is required.
The law also clarifies what types of healthcare professionals may be able to write an ESA letter. Providers must hold a valid and active license and must include information about their license in the letter, including license number, type of license, effective date, and jurisdiction.
The new law also affects individuals and businesses that sell emotional support animals and accessories. ESA accessories may include collars, ID tags, certificates, vests, leashes, or harnesses that indicate that the animal is an emotional support animal.
These businesses are now required by law to provide a written notice that ESA animals do not have the same rights as service dogs, and representing an ESA as a service dog is unethical and illegal.
Do you need the emotional support of your pet?
Start your ESA Letter journey in just 2 mins!
