Emotional Support Animal Letter California

Emotional Support Animal Laws California

California has identified the vital role of Emotional Support Animals in promoting health and wellness and has passed specific laws along with the federal regulations for the protection of Emotional Support Animals.

California ESA Housing Laws

California legislation has adopted the federal housing law under the Fair Housing Act (FHA) that allows the individual to live with the Emotional Support Animal. Living with an Emotional Support Animal facilitates mitigating anxiety, stress, or any mental illness.

California’s Fair Employment and Housing Act

California legislation has passed the employment laws that allow the emotional support animal in the workplace with a valid ESA Letter. California state laws endow with the protections to the employees dealing with the emotional or mental illness. As per this law, employers may not discriminate against the employee based on the disability and must make reasonable efforts to acclimatize it at the workplace.

Even if some employers do not allow the animals, with a valid ESA Letter Emotional Support Animal must be permitted at the workplace if the ESA facilitates in improving the performance of the employee. The same case applies to the landlords as well.

New Emotional Support Animal Laws in California

Firstly you should know that Emotional Support Animals are different from service animals due to the following reasons;

These activities are against the law, and in order to halt these fraudulent activities, recent emotional support animals California law, AB 468, passed last year on September 16, 2021, became effective from January 1, 2022. All the citizens are obliged to follow the new guidelines set by CA emotional support animal laws.

The guidelines are for all the businesses or individuals that sell or provide emotional support animals anywhere in the state of California. While giving an emotional support dog, they also have to provide written notice in 12 points bold type to the customer or recipient, stating that;

Further, the law stated regulations for ESA certifications, ID, tag, vest, leash, or harness, providing individuals and businesses. Under which, while providing their services, they have to make it clear that over a written document too, that the certification, ID, tag, vest, leash, or harness is for an emotional support animal and in no case can provide the ESA with similar rights as a guide, signal, or service dog. Similarly, Intentional and false claims to be an owner or coach of a guard, service, or signal dog will be a direct violation of Section 365.7 of the Penal Code.

Anyone who violates the above guidelines under California law on emotional support animals have to pay;

Talking about the health professionals who write ESA documentation, they can evaluate and approve a patient only if they follow mandatory instructions. As per the guidelines, it is compulsory that the ESA doctor in California;

“(1) Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license in the documentation.
(2) Is licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided.
(3) Establishes a client-provider relationship with the individual for at least 30 days prior to providing the documentation requested regarding the individual’s need for an emotional support dog.
(4) Completes a clinical evaluation of the individual regarding the need for an emotional support dog.
(5) Provides a verbal or written notice to the individual that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.”

If the health practitioner violates any of the above guidelines, they have to answer to the licensing board and pay for their consequences directly.