New California Emotional Support Animal Laws (AB 468)

If anyone sells or provides identification, certificate, tag, vest, or leash for an emotional support animal, they shall provide a written notice to the buyer that states all of the following:

• The item does not entitle an ESA to the rights and privileges accorded by law to a service dog.
• Unintentionally or intentionally representing oneself as the owner or trainer of any canine licensed to be qualified as or identified as a service dog violates Section 365.7 of the Penal Code.

Assembly Bill 468, passed on September 16, 2021, became effective on January 1, 2022. According to AB 468, emotional support animals cannot serve as service animals. These two types of animals are distinct based on their purposes, roles, and access to public areas.

AB 468 sets limitations for healthcare practitioners to recommend ESAs. These restrictions are implemented to ensure that obtaining an ESA recommendation is more regulated and legitimate. Healthcare practitioners are required to adhere to specific guidelines when recommending an ESA.

• They must have a valid and active license.
• They must include the type of professional license in the documentation.
• The law establishes a client-provider relationship with a patient for at least 30 days before offering the ESA letter.
• Healthcare practitioners must provide verbal or written notice to the individual who intentionally or unintentionally represents themselves as the owner of any canine licensed as a guide, signal, or service dog, as it violates Section 365.7 of the Penal Code.
• A healthcare professional may be subject to discipline from the healthcare practitioner’s licensing board for violating this section.

Under AB 468, animals not trained to perform specific tasks or work related to a disability will be considered ESAs. Anyone who intentionally and falsely claims their ESA as a service animal is guilty of violating Section 365.7 of the Penal Code.

Any business or ESA owner found guilty will also be subject to penalties as outlined in Section 365.7 of the Penal Code. The penalties shall be as follows:

• $500 for the first violation
• $1,000 for the second violation
• $2,500 for the third and any subsequent breach.

An action for penalties under this section may be placed by the Attorney General, a district attorney, a county counsel, or a city attorney.

Ailments to Qualify For ESA

Several conditions are recognized under the Diagnostic and Statistical Manual. They include but are not limited to:

• Anxiety
• Depression
• Panic Disorders
• Bipolar Disorder
• Attention Deficit Disorder
• Post Trauma Stress Disorder
• Cognitive Disorder
• Phobias and fears
• Learning Disorders

If you have a valid ESA letter in the State of California, the landlord or housing provider:

• Must allow emotional support animals, even if there is a general “no-pets” policy.
• Cannot charge pet deposits or pet fees in connection with the ESA.
• Cannot place limitations on the size, weight, and breed of the emotional support animal.

Benefits of an ESA Letter:

• Live in no-pet housing.
• No more pet charges.
• 24/7 Online ESA Letter Support.
• A hassle-free downloadable copy of an ESA Letter.

K. Dowd