Emotional support animals (ESAs) can be amazing, necessary companions for many individuals who suffer from certain mental health conditions. These animals typically live at their owner’s side, providing comfort and companionship when needed.
However, individuals who wish to adopt and live with an emotional support animal must be prepared to understand their rights and what might disqualify their ESA from living in rented housing.
Our guide gives you an overview of emotional support animals and what might allow a landlord to legally reject an ESA in California.
What Is an Emotional Support Animal?
An emotional support animal is any animal that provides comfort, companionship, and the relief of certain mental health symptoms to their owner. Emotional support animals are not trained like service animals are, and they have an overall different set of rights because of this. Additionally, ESAs are not required to be dogs, while service animals must be dogs or sometimes miniature horses.
Any individual with a qualifying mental health condition may be eligible to receive the support of an emotional support animal. A licensed mental healthcare provider in your state must be the one to evaluate your condition and prescribe your emotional support animal if they deem it necessary; you cannot simply adopt an animal and decide that they are your ESA without official approval and prescription.
What Rights Does My Emotional Support Animal Have?
Your emotional support animal will have some rights, as we mentioned above, but they will not have the same wide-reaching rights that service animals benefit from. This is because ESAs typically only accompany their owners at home or to pet-friendly areas, as they are not trained. Many ESAs are also non-traditional animals, meaning it is more difficult to bring them to public places with you.
Your emotional support animal will have the protected right to live with you under the federal Fair Housing Act. This act prevents discrimination against those who must live with service animals and emotional support animals. Under this act, you can live with your ESA without paying for pet fees, paying pet rent, or adhering to breed and animal restrictions.
Other than this, you can only bring your ESA into pet-friendly areas that welcome your specific type of ESA. For instance, many restaurants have dog-friendly patios, but these same areas may not be friendly to emotional support animals other than dogs, like snakes, rabbits, birds, or even cats.
How Do I Access Housing With My Emotional Support Animal?
If you think you would benefit from an emotional support animal and you need to access rental housing, you are likely wondering about the best way to go about this. After all, it can be difficult to navigate housing rules and specific animal restrictions in California when searching for housing.
To start with, you will need to make sure your emotional support animal is legally recognized. This is done by speaking with your mental healthcare provider and receiving an ESA letter that prescribes your animal to you. From there, you will need to search for a suitable housing unit and apply to live there.
During the application process or after being approved, you can make sure the leasing office or landlord knows you have an ESA, and you will then provide evidence of your valid ESA letter.
Once your ESA has been recorded as living with you, you can move into your housing without worrying about paying pet rent and pet fees or dealing with any type of breed or animal restriction.
Are There Any Animals Banned From Being ESAs in California?
Even though an ESA can technically be any animal in California, there are some animals that are not reasonable or feasible to care for in rented or shared housing spaces. These are the kinds of animals that might cause undue hardship for the landlord or other tenants, which can create the basis for a landlord to reject or remove the emotional support animal.
You should also note that animals illegal to own in California cannot be ESAs, as owning that animal would be against state law, regardless of whether or not you find that the animal has emotional support benefits.
In general, you cannot own an exotic animal as an ESA in California; this includes animals like tigers, some types of monkeys, and bears. You must be able to reasonably care for your ESA in your chosen housing space as well. This means that you cannot bring a flock of chickens into a small studio apartment, as you cannot properly and safely care for them in this circumstance.
When Can a Landlord Legally Reject an ESA in California?
There are a few different legal reasons why a landlord might legally reject your ESA in California. If your ESA is rejected by a landlord for one of the following reasons, you will not be allowed to live with them in your chosen housing, dependent on pet rules and breed restrictions; essentially, your ESA will be treated like any other pet.
Your landlord can legally reject an ESA in California if:
- You do not have a valid ESA letter or documentation that states your companion animal is an emotional support animal
- Your ESA is illegal to own in the state of California
- Your ESA is out of control, destructive, or dangerous
- Your ESA presents a safety or health hazard to other residents
- Your ESA cannot reasonably be cared for in your chosen housing unit
Additionally, landlords who have properties with four or fewer housing units in them and who live on the property of the house or apartment are not required to adhere to the regulations set in the Fair Housing Act in some cases. It’s important to read this law thoroughly and determine how it might apply to your housing and ESA situation to see whether or not it will impact your options.
What Can I Do to Prevent My ESA From Being Rejected?
To prevent your ESA from being rejected from any area of housing, you will need to ensure that your ESA is valid. This means meeting with your mental healthcare provider in California as necessary and taking the time to secure all of the proper documentation for your ESA.
You should make sure that your ESA is well-behaved and trained, when applicable, and you should ensure that you can properly care for your ESA in your chosen area of housing. You will also need to take your time to investigate your housing options and learn more about the restrictions in the Fair Housing Act to see if your chosen housing unit must follow these regulations.
Do All Landlords Need to Accept ESAs in California?
Not all landlords need to accept ESAs in California. Some landlords might be exempt from the Fair Housing Act, and you will need to make sure you understand federal and California law and how it might apply to your housing situation. Additionally, if your ESA is illegal to own in California or dangerous, your landlord can legally reject housing. The same applies if your ESA letter is invalid.
How Do I Ensure My ESA is Valid?
Ensuring your ESA is valid is a key first step in making sure that you can take advantage of federal Fair Housing Act accommodations. You will need to meet with a licensed therapist or other mental healthcare provider in your state to discuss your needs and receive an ESA letter prescribing an emotional support animal to you.
From there, you will need to keep this documentation on file and renew it as necessary, typically once a year. Your mental health care provider will help you understand any additional California laws that must be followed to keep your emotional support animal valid and eligible for accommodations.
Wrapping Up When Can a Landlord Legally Reject an ESA in California
Keeping your ESA at home in California is necessary if you want to benefit from all of the companionship and comfort that these animals offer. We recommend reading through the federal Fair Housing Act and ensuring you understand California state laws regarding emotional support animals before making an appointment with your therapist about adding one of these animals to your life.
Once your ESA has been prescribed, you can start the process of applying to housing with your ESA and ensuring that you can keep your emotional support animal at your side, no matter where you live.