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A Comprehensive Guide on California Laws for Emotional Support Animals.
In California, emotional support animal (ESA) owners are protected under the Fair Housing Act, allowing them to live with their support animals even in no-pet housing. However, residents must establish a documented 30-day relationship with a licensed mental health professional (LMHP) before obtaining an ESA letter.
Medically Reviewed by
Robert Clendenin, MD
As the proud owner of an emotional support animal (ESA), you benefit from federal laws applicable nationwide. However, if you reside in California, you enjoy additional protections. California has specific laws that further strengthen your rights as an ESA owner.
California’s Fair Employment and Housing Act (FEHA) protects both housing and employment rights. This means residents can live with their emotional support animals, even in pet-restricted buildings, and bring their ESA into the workplace. These workplace rights are not available in most states.
California law AB 468, adopted in 2022, marks a significant step towards regulating emotional support animals. State residents must maintain a 30-day relationship with a licensed mental health professional (LMHP) before receiving an ESA letter. This ensures that the process of obtaining an ESA letter involves a legitimate and verified relationship with an LMHP.
Let’s explore the details of California’s emotional support animal laws and their implications.
Essential Definitions
- Health care practitioner: A licensed and regulated person under the Business and Professions Code who acts within the scope of their license or certificate.
- Emotional support animal: An animal that provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified.
- Guide, signal, or service dog: A dog trained to perform tasks related to an individual’s disability, such as guiding blind people, alerting deaf people, and assisting in other ways.
- ESA letter: An official document that defines your need for an emotional support animal and describes how the animal provides therapeutic benefits to alleviate one or more medical symptoms or effects of the person’s disability.
California’s Emotional Support Animal Law Assembly Bill 468
In 2022, California passed Assembly Bill 468 (AB 468) to clarify emotional support animal requirements and prevent scams by businesses selling fake services related to emotional support animals. This law introduces more requirements than federal laws, such as the Fair Housing Act (FHA), and clarifies the difference between an ESA and a service dog.
Who Is Affected by California’s AB 468 Law for Emotional Support Animals?
1. Individuals Seeking To Qualify Their Pets as ESAs
AB 468 ensures that ESA letters are issued based on a genuine therapeutic relationship rather than a mere consultation. Individuals must establish a 30-day patient-provider relationship with their healthcare professional before obtaining an ESA letter in California. Previously, they only needed a single consultation with a healthcare professional and could receive their letter within 24 hours.
2. Healthcare Professionals
AB 468 sets guidelines for health care practitioners who certify animals as emotional support animals. The law makes it clear that a health professional can provide an ESA document only if:
- The health professional has a legitimate and valid license.
- The health professional offers services within the limits of their license.
- The health professional has established a client-provider relationship with the patient at least 30 days before providing the ESA document.
- The health professional has conducted a thorough evaluation before certifying that the person is fit for ESA documentation.
- The health professional provides verbal or written notice stating that fraudulently identifying oneself as the owner or trainer of service animals is unlawful. They must also mention that it is a misdemeanor violation of Section 365.7 of the Penal Code.
3. Businesses And Establishments in California
Individuals or businesses that provide ESA certification, ID, tag, vest, leash, or harness for an emotional support animal must provide a notice containing details such as:
- The item does not provide an emotional support animal with the rights and privileges of a guide, signal, or service dog.
- Knowingly and fraudulently representing oneself as the owner or trainer of a service dog is a misdemeanor violation of Section 365.7 of the Penal Code.
- The dog is not trained or fit to be a guide, signal, or service dog.
- The dog cannot enjoy the benefits of a guide, signal, or service dog.
California’s Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) ensures that housing providers must make reasonable accommodations for ESAs and cannot charge extra fees for possessing an ESA, even if other pet owners are charged a deposit or fee. To deny the request of an ESA owner, the housing provider must provide suitable evidence that the animal poses a threat to other residents or property.
FEHA applies to all sorts of housing, including rental apartments, leasing properties, college dorms, and Airbnb. The landlord can only request an ESA letter to prove the tenant’s disability.
Employers must make reasonable accommodations in the workplace for employees with ESAs if they provide proof of their disability, such as an ESA letter.
California ESA Laws for Schools or Colleges
Schools and colleges have their policies regarding emotional support animals. It is up to them to determine whether you can bring your ESA to campus. Before bringing your ESA to school, thoroughly review your school’s policy handbook and contact the administration to clarify their ESA policies.
California ESA Laws for Public Places
Emotional support animals do not have the same rights as service dogs in public places and must follow pet rules. Always check with the establishment before bringing your ESA to public places like parks, stores, or cafes.
What Are the Penalties for Violating the Guidelines of AB 468 in California?
Violating the guidelines of AB 468 in California, which regulates emotional support animals (ESAs), can lead to serious penalties. Individuals or businesses falsely representing an emotional support animal as a service animal, or misrepresenting ESA-related products, can face legal consequences, including:
- First violation: A fine of $500.
- Second violation: A fine of $1,000.
- Third and subsequent violations: A fine of $2,500.
How Do You Qualify For An Emotional Support Animal in California?
To qualify for an emotional support animal, you must have a mental or emotional disability listed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V). These disabilities include:
- Acute Stress Disorder
- ADHD (Attention Deficit Hyperactivity Disorder)
- Anxiety
- Bipolar Disorder
- Depression
- Developmental Coordination Disorder
- Eating Disorders
- Learning Disorders
- OCD (Obsessive-Compulsive Disorder)
- Panic Attacks
- Personality Disorders
- Phobias
- PTSD (Post-Traumatic Stress Disorder)
- Schizophrenia
- Substance-Related Disorders (alcohol, drugs)
How to Get an ESA Letter in California?
The state has specific regulations to ensure ESA letters are issued appropriately, promoting genuine therapeutic relationships and preventing misuse.
- Schedule an Appointment: Create an account and schedule an appointment with a licensed healthcare professional using our online form.
- Consult and Build Patient-Provider Relationship with Professional: Connect with the professional over a video/audio call to discuss your medical conditions and need for an emotional support animal. Build a patient-provider relationship with the professional for at least 30 days.
- Receive Your ESA Letter: Get approved and receive your California ESA letter signed by the professional via email.
The Bottom Line
Emotional support animal laws in California differ from those in other states. While most states protect ESAs under the Fair Housing Act, California’s FEHA also protects ESAs in the workplace. AB 468 tightens the rules for selling ESAs and related items and requires healthcare professionals to establish a 30-day client-provider relationship before writing an ESA letter.
Frequently Asked Questions
Are There Any Restrictions On Types Of ESAs In California?
California allows various types of animals as ESAs, including dogs, cats, and sometimes other animals, as long as they are reasonable accommodations. However, unusual or dangerous animals may face restrictions if they pose a safety or health risk to others.
Are There Limits On The Number Of Emotional Support Animals In California?
California law does not set a strict limit on the number of ESAs, but landlords may challenge multiple animals if they believe it constitutes an unreasonable accommodation. Each animal should have a documented therapeutic purpose for the owner.
Do Emotional Support Animals Need To Be Registered In California?
No, California does not require ESAs to be registered. An ESA letter from a licensed professional is sufficient for housing accommodation. Beware of ESA “registrations” or “certifications” sold online, as they are often unnecessary and not legally recognized.
Post Author
Prince Sharma
Prince Sharma is a content manager with a passion for reading, design, and cats. When he's not working, he enjoys discovering new design trends or relaxing with a good book and his furry friends
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