An emotional support animal (ESA) is defined as a dog or other animal that provides companionship, emotional support, and a sense of well-being and safety to their owner, aiding in the treatment of one or more mental health conditions such as anxiety or depression.
Owners of pets who are emotional support animals are entitled to certain protections under federal law as well as California law. California residents who benefit from the companionship of their emotional support animal will want to make sure that they research the law before looking for special accommodations in housing or travel.
This article will discuss everything you need to understand about emotional support animal laws in California, how an ESA California letter can benefit you, and how larger cities may differ. By the end of this article, you will understand how to get an ESA letter and certificate, and whether or not they apply to certain aspects of your everyday life.
California ESA Laws: Summary of Legal Protections
California residents who have dogs or other animals with an ESA letter from a licensed medical professional are entitled to live in any kind of housing with their animals, even if their landlords have a “no pets” policy. This is not an optional choice for the landlord, and they must comply with federal and California emotional support animal laws.
Additionally, owners are not required to pay any additional fees for their ESA. This protection is outlined in the federal Fair Housing Act (FHA) and is strengthened by California’s Fair Employment and Housing Act.
Emotional Support Animal California Regulations: ESA Laws in California
Emotional support laws in California extend to various parts of your life, especially housing. To determine whether your ESA has legal privileges in housing, employment, or travel, we will outline its legal privileges below.
California ESA Housing Laws
California’s Fair Employment and Housing Act is even more expansive than the federal Fair Housing Act, which is great news for tenants. Under California law, a landlord is, on almost all occasions, required to allow an emotional support animal to live with their owner in an apartment or rented home.
Additionally, landlords cannot ask for a pet deposit for an emotional support animal as they are not classed as pets.
If a property does not usually allow pets, landlords still have to allow someone who has an emotional support animal with an ESA letter. A landlord can only reject an ESA if it is likely to cause considerable financial, physical, or property damage when living in the unit. They may also be exempt if they own no more than four living units.
California ESA Employment Laws
Both employees and job applicants with emotional support animals fall under California’s Fair Employment and Housing Act. This law states that employers may not discriminate with regard to an employee’s disability, and they must make a reasonable effort to adapt to their disability within the workplace.
Even if a workplace does not usually allow animals, they have to make an exception for an emotional support animal. Similar to landlords, employers may request documentation that states the owner’s need for an emotional support animal. This is why it is important to have an ESA letter documenting your need for an emotional support animal to accompany you in the workplace.
California ESA Travel Laws
Emotional support animals are not allowed in many public places, and this also applies to public transportation. This includes buses, trains, and cars, which only allow service animals and psychiatric animals on board.
California ESA Travel and Flying Laws
Unfortunately, ESAs are not protected when it comes to traveling on commercial aircraft. The Air Carrier Access Act (ACAA), which once required airlines to make reasonable accommodations for passengers with ESAs, now applies only to those who employ a service dog.
If you’d like to bring your ESA on a flight, you may be able to bring it in a pet-safe carrier as a carry-on that you’d stow under your seat. Of course, your pet would have to be small enough to qualify for this, and there would be a fee.
How to Get an ESA Letter in California: ESA Letter California Requirements
The only thing a California pet owner needs for all the benefits of emotional support animal protection is to procure a California ESA letter from a licensed medical professional in the state.
If you want an emotional support animal letter, California-licensed mental health providers will need to prescribe you an emotional support animal. This works differently in California than in other states, however. You will need to have a 30-day relationship with the LMHP before you can be assigned an ESA, so there may be a wait time for certain individuals.
Once you have a working relationship that meets or exceeds one month, you can get a licensed mental health professional to diagnose and prescribe an ESA letter. Bear in mind that not all LMHPs will see the benefit of an emotional support animal, so you may need to look through sites like ours to ensure you get an empathetic mental health professional.
For more on getting an ESA letter in California, check out our guide.
ESA California Registration: ESA Certification in California
An ESA certification is a way to make your ESA letter credentials more easily available and give landlords and employers easier access to your legal right to own an ESA. That does not mean they work as a replacement for an ESA letter, and certification alone offers no legal benefits. It should also be said that certification is not legally required in California, and should be a secondary to getting an ESA letter.
ESA certification does have benefits, however, specifically if you want to offer quick info to those wondering about your ESA. The certification works as a convenient animal ID card that can give specific details about your emotional support animal, its registration number, and adds more credibility to your claim for skeptical landlords and employers.
Get an ESA Letter in Cities Across California
If you are in a larger city in California, such as Los Angeles or San Diego, you might be wondering about individual protections within your city or county, or pet-friendly areas. This can be difficult to figure out on your own and may require a fair bit of research. To simplify the process for you, we have several articles focused on individual cities.
We will provide some brief information about the five largest cities in California to help residents understand the legal options available. We will also discuss some of the options available in shops and businesses within the area.
Below, we provide an overview of ESA laws in the most popular cities in California; to find out more, including how to get a legally valid ESA letter in these cities, click on the linked heading for the city you’re curious about.
ESA Laws in Los Angeles
Residents of Los Angeles with emotional support animals are given federal and state-level protections. Conversely, you will need to have a 30-day relationship with your licensed mental health provider prior to getting an ESA letter. Los Angeles is one of the most pet-friendly places in the country, and there is no shortage of restaurants, shops, and parks that allow ESAs.
ESA Laws in San Diego
If you own an emotional support animal in San Diego or plan to, there are no city-level protections, though they do comply with federal and state law. That means you are offered housing protections under the Fair Housing Act, and the ability to bring your ESA to work if they can reasonably accommodate it.
ESA Laws in San Jose
San Jose benefits from the Fair Employment and Housing Act, which prohibits discrimination in housing and employment for individuals with disabilities. The same exemptions apply to landlords as listed above (risk of damage, four or fewer units, etc.), and you will still need to have a 30-day relationship with your LMHP before being eligible for an ESA letter.
ESA Laws in San Francisco
San Francisco has no additional protections outside of state and federal laws, though they do have breed restrictions for pit bulls and mixed breeds containing pit bull ancestry. Because of this, pit bull ESAs may experience some questions from employers or landlords. Thankfully, an ESA cannot be rejected based on its breed, so pitbull ESAs are still acceptable.
ESA Laws in Fresno
There are many outdated articles surrounding Fresno on the web that give people the wrong idea about their ESA laws. You are offered no additional protections in Fresno that aren’t offered in California or country-wide, and emotional support animals are not exempt from carrier laws if you choose to fly.
You are still allowed to live with an ESA without paying a pet policy, and employers cannot discriminate against those who need an ESA in their daily life. Bear in mind that if the ESA cannot be reasonably accommodated in the workplace, it can still be rejected. An example of this would be a restaurant kitchen or a mostly sterile environment like a hospital.
ESA Laws in Other California Cities
Do you have questions about ESA laws in a different city in California? Check out the links below for more information.
ESAs vs Psychiatric Service Dogs in California
While these terms sound similar, they have vastly different meanings and different protections under the law given to each type of animal. Owners should familiarize themselves with both.
An emotional support animal provides a therapeutic benefit to their owner simply through companionship. Owners who have a valid ESA letter from a mental health professional licensed to practice in California are entitled to protection when seeking housing and employment.
A psychiatric service dog is a special class of support animals and is defined by California State Law. It mostly falls in between the two categories above. It covers dogs who have specific service training to assist their owner with non-physical disabilities.
Examples of jobs performed by these dogs include helping their owner remember to take medications and gently waking up patients with panic disorders.
How to Get a Psychiatric Service Dog in California
While it may seem that a psychiatric service dog and an emotional support animal have entirely different processes for obtaining either, there are some key similarities. The first is that you will need a licensed mental health professional to sit down with you for a psychiatric service dog consultation.
This process is important to help determine if you have an eligible mental or psychiatric condition that would benefit from a trained companion. If you do, the LMHP will write a letter confirming your need for a psychiatric service dog. Depending on your condition, you can talk with different organizations to get a dog with the proper training to assist you.
FAQs About California Emotional Support Animal Laws
California is unique when it comes to emotional support animal laws, as it has additional protections and restrictions for people looking to get an ESA letter. The following questions are designed to help California residents understand the key differences that make their state unique, and to help them better understand what privileges are offered for an emotional support animal.
Does California Recognize Emotional Support Animals?
Not only does California recognize emotional support animals, but it has also given residents additional privileges, making it one of the friendliest states for those needing an ESA. Many states offer nothing more than Housing protections, while California also gives ESA owners the benefit of bringing their animal to work if it can exist in the space without causing issues.
Who Can Write an ESA Letter in California?
If you want an emotional support animal letter in California, you will need to go through a licensed mental health provider who is licensed within the state. You will also need to have a month-long relationship as the provider’s patient before you are legally allowed to be issued an ESA letter.
How Fast Can I Get an ESA Letter in California?
If you already have a month-long relationship with a licensed mental health provider, you could get one as soon as they sit down for a consultation. For most people, however, there will be a 30-day waiting period to comply with California law.
Can A Landlord Charge a Pet Deposit for an Emotional Support Animal In California?
No. For many people, they will have to not only pay a pet deposit but also a monthly fee for the privilege of living with their cat, dog, or other animal. Emotional support animals, however, are not legally recognized as pets under the Fair Housing Act or California state law and are exempt from fees, deposits, or typical pet restrictions.
Can I Bring My ESA to Work in California?
Yes, an emotional support animal can be brought to a place of employment, though some exemptions do exist. The animal must not have a pungent smell, should not cause safety or health risks for those in the work area, and should be, at the very least, house-trained. If you work in a position where animals can endanger the business, the ESA can be rejected.