Emotional support animals (ESAs) may not perform disability-related tasks like service animals, but they can have an absolutely life-changing impact on the lives of those struggling with certain disabilities.
They provide therapeutic relief through their physical presence and love, and they can also help individuals stay motivated to meet their daily goals. Emotional support animals can even provide a strong sense of security, which can help to lessen feelings of anxiety and stress.
Emotional support animals are granted the right to live with their owners in rented accommodations thanks to the Fair Housing Act (FHA) federal law. However, there are some instances when a landlord can legally reject an ESA in California. We’ll delve further into what these exceptions are so you can be mindful of them. We’ll also discuss the basics of ESAs and the process of getting your animal recognized as an ESA.
What Is an Emotional Support Animal?
An emotional support animal is a type of companion animal that helps to ease symptoms of a diagnosed emotional or mental disability. They achieve this solely through their companionship and physical presence — different from service animals, who perform trained disability-related tasks like deep pressure therapy, obstacle guidance, and balance assistance.
There are no restrictions on what kinds of animals can be legally considered ESAs in California. However, certain species may face difficulties when it comes to housing.
California: Emotional Support Animal Housing Protections
Regardless of whichever state you reside in, emotional support animals are granted housing rights under the FHA. This federal law was designed to prevent discrimination in the rental and purchase of properties, with protected characteristics including familial status, origin, race, and disability. Since FHAs support those with disabilities, they receive housing protections, too.
Under the FHA, emotional support animals have the right to live with their owners in rental properties, even in places where no-pet policies are enforced. They also can’t be subjected to pet fees, additional security deposits, or restrictions like breed bans.
California also grants housing protections to ESAs at a state level through the Fair Employment and Housing Act (FEHA). The FEHA has a similar policy as the FHA for ESAs, with the only major difference being that the FHA has more housing exemptions than California’s FEHA. Which brings us nicely to our next point:
When Can a Landlord Legally Reject an ESA in California?
Under both the Fair Housing Act and FEHA, a landlord is legally allowed to reject an ESA in California if the following circumstances apply:
- Housing the ESA would cause an undue financial and administrative burden
- Accommodating the ESA would require a significant alteration to the housing property/business
- The ESA is aggressive and risks endangering the health and safety of others
- The ESA causes significant property damage
The Fair Housing Act also exempts certain types of properties from its ESA housing laws. Exemptions include:
- Owner-occupied properties with no more than four units
- Single-family properties sold independently from a broker only apply if the individual owns less than three homes
- Private clubs and religious buildings
However, this isn’t the case in California. The FEHA states that every type of property must make efforts to reasonably accommodate ESAs.
Get an ESA in California Today
To get an animal legally recognized as an ESA, you will need to obtain a valid ESA letter from a licensed mental healthcare professional (LMHP). This is only provided to you if you have a diagnosed mental or emotional disorder and have undergone an ESA assessment.
Getting an ESA letter in California is a little trickier than in other states due to additional ESA regulations. For example, you are required to have at least a 30-day client-provider relationship with an LMHP before you can receive the ESA letter. Navigating all these legalities can be especially overwhelming when you’re already experiencing debilitating disability-related symptoms.
The team at US Service Animals can provide you with legal support every step of the way and arrange your appointments for you, making it a hassle-free process.
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