There is a lot of confusion surrounding service animals, emotional support animals, and housing regulations. We’re here to explain how these support animals affect your rental property.
When screening applicants for your rental property, you may run across one who notes they have an assistance animal. Whether it’s an emotional support animal or service animal, they are both protected by law. The most important thing you need to know is that they are not pets. These are animals that work. They provide emotional or additional assistance to people with disabilities.
People often assume that these two animals are the same. While they are both protected by the law, there are important differences to note.
Disclaimer: Please check with your attorney regarding all matters pertaining to assistance animals. This blog is general in nature and should not be relied upon without checking with your attorney.
Table of Contents
Service Animals
Service animal requirements
Emotional Support Animals (ESAs)
Emotional support animal requirements
Support Animals and Housing Laws
Verification of a service animal
Do landlords have to accept emotional support animals?
Are emotional support animals service animals?
Can you ask for proof of a service dog?
Emotional support animal documentation
AB 468
Good Pet Guarantee
Common Questions Regarding Service Animals
Service Animals
A service animal is a dog of any size or breed that has received individualized training to perform work or tasks that benefit disabled individuals, including people with physical, sensory, psychiatric, intellectual, or other mental disabilities. By law, service animals are permitted to accompany disabled individuals where any other public member is allowed to go.
Common reasons for a service animal include:
Blindness
Deafness
Wheelchair-bound individuals
Being prone to seizures
You might recognize a service animal by the vest they are wearing, usually labeled “service dog” or something similar to that. Service animals are allowed entry anywhere that their owners are, provided that it is safe. This includes buses, airports, workspaces, planes, and stores.
Service animals are working animals and are, therefore, not considered pets. Since 2011, only dogs have been nationally recognized as service animals. Still, the ADA states that miniature horses may also be considered service animals under a separate provision and in exceptional cases.
Service Animal Requirements
While there is no specific legal requirement for the amount or kind of work a service animal must provide, it must be able to perform tasks directly related to their owner’s disability. For example, service animals may alert individuals of seizures, remind their handlers with depression that they need to take medication, or retrieve objects for a person who uses a wheelchair. However, if the dog were to provide comfort with its presence, it would not be considered a service animal by the ADA.
Although some states have broader definitions and qualifications for service animals, most states hold the same requirements for service animals, including:
The service animal must be trained to perform a task for a person with a disability, whether it be physical or mental
The service animal must always be controlled by its owner or handler. If the handler cannot use a leash or harness, they must be able to control the service animal through other means such as voice or signals.
Service animals must be allowed in businesses and non-profit organizations open to the general public, regardless of their pet policy.
Service animals are not required to wear specific collars, vests, or identification tags indicating that they are service animals.
Handlers of service animals are not required to explain their disability, show medical documentation or show training documentation for their service animal. Additionally, staff members of commercial establishments or businesses can only ask what service the animal provides and whether the service animal is required for a disability.
Service animals in California
California defines a service animal as a dog only (in some cases, miniature horses may be considered). In California, dogs trained to help a person with a mental disability are considered service animals. This means that California does not define “psychiatric service dogs” differently than service animals. In fact, California utilizes two definitions of disability, including mental and physical disability (Cal. Code Regs., tit. 2, § 11065 (2022).):
A mental disability can be a mental or psychological disorder or condition that severely impedes a person’s quality of life and activity (emotional illness, learning disabilities, post-traumatic stress disorder, and cognitive disabilities)
A physical disability can be any disorder or condition that limits a person’s motility, life activity, and major body systems.
In addition to allowing service animals in places where the general public is allowed to be, California also enables individuals with disabilities to take their service animals to medical facilities (hospitals, clinics, clinician offices, etc.) and onto any public vehicles regardless of whether they are public or private (trains, buses, streetcars, boats, motor vehicles).
While dogs in training are not considered service animals by the ADA, the California Disabled Persons Act permits trainers or persons with disabilities to bring dogs-in-training to any public place as long as they are being trained to provide services related to a disability in that public space. The state of California also allows the handlers themselves to train their service animal.
Emotional Support Animals (ESAs)
Emotional support animals (ESAs) are companion animals that provide support, comfort, and assistance to individuals with emotional or mental disabilities, such as depression, anxiety, and post-traumatic stress (PTSD). In general, emotional support animals provide individuals with a better quality of life through companionship and comfort rather than providing services or performing tasks for their handler.
Emotional support animals have more restrictions in public spaces. If a retail store states that there are no pets allowed, this applies to emotional support animals. There is no official registry for ESAs. Some pet owners seek out private companies to provide documentation, but this does not guarantee them any additional rights or protections.
However, both emotional support animals and service animals are protected by housing laws.
Emotional support animal requirements
A pet may be classified as an emotional support animal with a written letter from a licensed healthcare professional (a therapist, psychologist, or psychiatrist). The pet owner must be clinically assessed to have a mental, emotional, or psychiatric disability for which effects may be alleviated with the presence of an animal.
Emotional support animals are not required to be trained to perform specific tasks that aid a person with their disability.
Although emotional support animals do not require specific training, they are still expected to be docile, not threaten others, and show good behavior.
The ADA does not recognize Emotional support animals as service animals and are therefore not granted the same legal rights as service animals. However, owners of emotional support animals still have rights protected by federal laws in every state.
Emotional support animals can be any type of pet, such as dogs, cats, rabbits, etc.
Emotional support animals are referenced by the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA), which illustrates a person’s right to have emotional support animals at home and during travel.
Navigating the complexities of service animals, emotional support animals (ESAs), and housing regulations can be challenging. This guide clarifies how these types of support animals impact your rental property.
Emotional Support Animals in California
California does not provide emotional support animals with the same public protections as service animals. However, the state does safeguard the right of individuals with disabilities to reside with their emotional support dogs in their homes and, in some instances, in their workplaces. Compared to service animals, California imposes the following restrictions on emotional support animals:
Individuals with disabilities cannot take emotional support animals to all public places.
Unlike service animals, emotional support animals are not granted access to areas that prohibit pets.
California’s Fair Employment and Housing Act mandates that landlords allow individuals with disabilities to reside with their emotional support animals, regardless of pet policies.
Support Animals and Housing Laws
Because emotional support animals and service animals are not classified as pets, landlords cannot impose pet rents or deposits. Even if a rental property does not permit pets, you must allow service animals and emotional support animals. Additionally, you cannot discriminate based on specific breeds.
The only instances in which you may deny a support animal are if it poses a threat to the health and safety of others. However, using such reasons is ill-advised, as disability complaints are among the most common issues reported to the fair housing office, and it is unlikely that such a situation would be resolved in your favor. Unjustly denying a service animal may result in significant fines.
You may discover an unlisted animal on your property during a walkthrough inspection. If the tenant claims it is an emotional support animal, California law states they are not required to disclose their need for such an animal. You may request a verification letter if necessary, so it’s prudent to ask for documentation from a qualified professional.
Verification of a Service Animal
If a tenant's disability is visibly apparent, no verification is necessary for the service animal. You should refrain from inquiring about their disability in this case. If an individual claims to have an emotional support animal without an obvious disability, you may request written verification.
The verification letter should confirm the individual’s need for a service animal. Acceptable sources for verification include:
Medical professionals (doctors, therapists)
Peer support groups (e.g., Alcoholics Anonymous)
Non-medical service organizations
Reliable third parties (caregivers, family members)
Self-verification
The Housing and Urban Development (HUD) and Department of Justice (DOJ) have not clearly defined self-verification. Essentially, if a disabled individual provides a self-written letter for verification, it should be admissible in court.
For example, a statement like “I have a medical condition and require a service/emotional support animal” should be verifiable in a court of law. Verification might include the name of the diagnosing doctor and the date of diagnosis. If a tenant submits a self-verification letter, seek additional confirmation and consult with your attorney.
Do Landlords Have to Accept Emotional Support Animals?
Yes. Federal and state laws prevent landlords and housing providers from rejecting or discriminating against individuals with disabilities and the accommodations they may require, which includes service animals and emotional support animals.
The only grounds on which landlords may deny emotional support or service animals are:
If the emotional support animal is deemed dangerous or has a history of aggressive behavior.
If the emotional support animal causes allergies among other tenants.
If accommodating the emotional support animal is physically unfeasible or challenging (especially in small units or for particularly large animals).
If the tenant’s letter from their mental health provider has expired, although landlords may allow for document updates.
Are Emotional Support Animals Service Animals?
Emotional support animals are not classified as service animals under the Americans with Disabilities Act (ADA).Service animals are legally defined and require specialized training to assist individuals with disabilities. Although ESAs provide support for mental health conditions, they lack the legal recognition and access rights that service animals enjoy.
Can You Ask for Proof of a Service Dog?
Under the ADA, landlords and property owners are limited in their inquiries regarding service animals. Staff may only ask two questions:
Is this animal required due to a disability?
What task has the animal been trained to perform?
Landlords cannot ask for proof of certification or training, nor can they require the handler to disclose their disability. Most state laws align with these provisions.
Emotional Support Animal Documentation
The Fair Housing Act does not require emotional support animals to be registered or certified. Landlords can request documentation confirming the need for an emotional support animal but cannot require specific forms or paperwork from registries, as there is no official registry for emotional support animals. While some organizations may offer documentation for emotional support animals, these documents may not hold any legal weight.
As mentioned earlier, if a tenant’s emotional support animal is not visibly apparent, you may request a verification letter from a licensed mental health professional confirming the need for the emotional support animal. The verification should include:
The name of the healthcare professional who provided the letter
The date of issuance
The name of the tenant and the emotional support animal
A statement from the healthcare professional stating that the animal is necessary for the tenant’s mental health.
AB 468
California Assembly Bill 468 allows individuals to keep emotional support animals in housing. The bill states that landlords must not impose pet restrictions on tenants with ESAs. A tenant may not be charged additional fees or deposits related to their emotional support animal. The bill was introduced to eliminate discrimination against individuals with disabilities and ensure their right to live with emotional support animals.
Andren Homes Pet Guarantee
At Andren Homes, we understand the importance of emotional support animals and service animals in providing comfort and companionship to our tenants. Our Pet Guarantee allows for flexibility in our pet policies, ensuring that those with emotional support or service animals are welcomed in our rental properties.
For more information about our rental policies or to discuss specific needs regarding assistance animals, please contact us.
Common Questions Regarding Service Animals
Can a landlord deny an emotional support animal in California?
In California, landlords must comply with state and federal laws regarding emotional support animals (ESAs). Under the Fair Housing Act (FHA) and California state law, landlords are generally required to make reasonable accommodations for tenants with disabilities. Thus, a landlord cannot deny a tenant’s request for an emotional support animal if the tenant meets specific criteria.
Can apartments charge for emotional support animals?
No, apartment landlords or management companies are not permitted to charge monthly pet fees, deposits, or additional rent for emotional support animals.
Can a landlord charge a pet deposit for an emotional support animal in California?
Under California law, landlords cannot charge a pet deposit for emotional support animals.
Can a landlord refuse an emotional support dog based on breed?
According to the Department of Housing and Urban Development, landlords cannot deny an emotional support dog based on breed, size, or weight. The FHA requires landlords to make reasonable accommodations for tenants with disabilities, including those who need an emotional support animal.
Does an emotional support animal (ESA) count towards a pet limit?
No, emotional support animals are not considered pets, so they do not count towards any pet limits established by the landlord.
Can a landlord require documentation for a service dog in California?
No, landlords cannot require documentation for a service dog in California. However, they may ask for documentation regarding emotional support animals if the tenant’s disability is not visibly apparent.
Can you charge pet rent for an emotional support animal in California?
No, landlords cannot charge extra rent or pet fees for emotional support animals.
Can I contact the tenant’s verification source directly?
No, contacting the tenant’s verification source directly would violate fair housing laws and HIPAA privacy laws. If a tenant provides a letter from their therapist, it must be accepted as valid without further inquiry.
Can I ask the tenant about their supposed disability?
No, landlords cannot directly ask tenants why they need a service or support animal. However, they can request a verification letter if it’s for an emotional support animal. If the legitimacy of the letter is in question, further verification can be sought with a reasonable accommodation form.
Does the animal need to be formally trained?
No, emotional support animals do not need formal training. While most service animals are trained, landlords are not required to verify this for emotional support animals.
My tenant has a restricted breed as a service animal. Can I deny them?
No, service animals are not considered regular pets. The rules regarding specific breed restrictions do not apply to service animals. However, if there is a legitimate concern about the animal's behavior, it may be possible to deny it, though this should be approached cautiously.
Does the ADA require that service animals be certified as service animals?
No, there is no mandatory certification process for service animals under the ADA. However, service animals must comply with the same licensing and vaccination rules that apply to all dogs.
Are tenants responsible for damage caused by a service or assistance animal?
Yes, tenants are liable for any property damage caused by their service or assistance animals, just as they would be for damage they cause themselves. While landlords cannot charge a pet fee or deposit, they may use the tenant's security deposit to cover damages caused by service animals.
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Logan Andren
Logan Andren is the founder and CEO of Andren Homes Property Management. Since launching the company, Logan and his dedicated team have simplified the rental property experience for numerous Santa Cruz homeowners. Their mission is to enhance the lives of their clients and community, focusing on providing exceptional service and fostering lasting relationships. DRE #02002055
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