We can all agree that animals are dependable and are there for us when we need them. In fact, did you know that over 200,000 people live with an emotional support animal in the United States? Show
As a landlord who owns California rental property, it's easy to feel overwhelmed by state laws. Are support animals allowed or not? Continue reading to learn if your California tenant is legally allowed to live with their support animal. What Is an Emotional Support Animal?An emotional support animal is a companion who helps humans struggling with mental health disorders. In fact, researchers have found that owning a pet has positive effects on mental health. Animals foster emotional connectivity and help people manage in times of crisis. These support animals are known to help lessen anxiety and depression, offer trauma support, decrease loneliness, and much more. Currently, there is no California law requirement on what type of animal qualifies as an emotional support animal. Support Animals vs. Service AnimalsThere is one main difference between a support animal and a service animal. A service animal performs necessary medical services. These animals go through rigorous training and must have their certification. Support animals, on the other hand, do not need training or certifications. Can a California Landlord Deny a Request to Keep a Support Animal?Even though a support animal doesn't need to undergo any training, a tenant must be able to show proof to their landlord that they own a registered, medically prescribed emotional support animal. This proof called the Emotional Support Animal Letter would include a signed letter from a medical professional with notes on why the animal is needed. In California, tenants are protected under the Federal Housing Administration (FHA) support animal laws. These laws state that a landlord cannot require training for a support animal. Landlords also cannot refuse housing because of a support animal. Finally, landlords cannot require an additional monthly fee or deposit for a support animal. However, if there is any damage done to the apartment because of the emotional support animal, a landlord may ask for money to pay for repairs. As a landlord, you must carefully comply with all California state laws or risk being sued by your tenant. ExceptionsThere are a few exceptions to the law for when a landlord may deny a tenant's request to live with their support animal.
Allowing a Support AnimalWhen it comes to California state law, it is legal for a tenant to live with their support animal as long as they show you proof and the animal isn't threatening or destructive. For more information on California state housing laws and tips for landlords, contact us today! Many landlords ask questions like, “Must San Diego landlords allow emotional support animals?”. The answer is “Yes” with a few exemptions and exceptions as explained below. Tenants with physical and emotional disabilities use support animals to help them deal with daily challenges. For instance, those unable to see use guide dogs when walking outdoors. No Pets Policies May Violate Federal LawsAs a landlord, you may have a no-pet policy for all your units. But that policy doesn’t stand up when tenants use service dogs. That might not surprise you. Yet, the same law applies to emotional support animals too. That might surprise you. Federal laws require landlords with “No Pets” policies to allow service animals and emotional support animals. In addition, they can’t charge a pet deposit or a pet fee or extra rent because they are a “medical device” and not pets. What Federal Agency Enforces the FHA?Congress established the FHA in 1934. It became part of HUD in 1965. The U.S. Department of Justice enforces rulings made by HUD. Federal Law Exemptions for Landlords who Reject Emotional Support AnimalsMost laws contain exemptions. According to HUD and the Balance Small Business, here are four exemptions from requiring emotional support animals:
Must San Diego Landlords Allow Emotional Support Animals?To emphasize, landlords can’t exclude service animals or other assistance animals despite a no pet policy nor charge a deposit or fee or raise rents. A joint statement by the U.S. Department of Justice and the U.S. Department of Housing and Urban Development (HUD) in 2004 made this clear. Let’s explore the laws requiring landlords to accept tenants with service animals. Federal Fair Housing Act Relating to Emotional Support AnimalsThe FHA recognizes tenants with emotional and/or mental disabilities often require assistance from emotional support or companion animals. The FHA calls these service animals “emotional support animals” (ESAs). FHA allows ESA animals who help tenants with psychological disabilities to alleviate symptoms like:
These emotional support animals enhance the tenant’s ability to live independently and enjoy their home. HUD published a memo stating that under the FHA, “Assistance animals are not pets”. This HUD memo further clarified the role of ESAs as animals that:
Does the FHA Limit Companion and Emotional Support to Dogs?No, because any animal prescribed by a doctor or another medical professional to assist a disabled tenant becomes an assistance animal. Thus, a tenant can request accommodation for a snake, cat, bird, ferret, rat, or any other animal. California Laws about Emotional Support AnimalsCalifornia maintains laws about emotional support animals. To sum them up, they state:
In addition, California laws set these limits:
Specific California laws explain qualifying types of emotional support animals include:
Animals other than dogs – In 2000, a federal district court in Northern California ruled companion animals other than dogs are legal. This opened the door in California for different types of support animals like snakes, rats, gerbils, turtles, ferrets, and frogs. The leading California court case protecting ESAs is Auburn Woods Homeowners Association in 2004 when the Court of Appeals ruled “denial of a reasonable accommodation request for a companion animal could constitute unlawful discrimination”. Landlord Rights Under California Laws About Emotional Support AnimalsCalifornia laws require landlords to accept emotional support animals unless they threaten the safety or property of others. In other words, landlords can deny allowing a support animal if that animal specifically causes substantial physical damage to others’ property or poses a direct threat to the safety or health of others. In addition, a landlord may deny a request for a wild or dangerous animal to safeguard the public and neighbors. Health and safety concerns are very important. California landlords maintain the right to request proof of the disability when it’s not obvious. Upon the request, the tenant must provide medical documentation of the disability, the need for the support animal, and a prescription from a health care provider. San Diego Laws about Emotional Support AnimalsThe City of San Diego published a newsletter explaining the benefits of the ESA law. Tenants living in San Diego maintain the right to live with an emotional support animal. A San Diego landlord can only deny the ESA if the animal poses a threat to the safety of other people or can cause significant damage to other people’s property like the landlord’s unit. Suspicions alone do not allow San Diego landlords to refuse an ESA. Only factual evidence of the animal’s specific conduct prevails. Contact past landlords about the tenant and the specific animal to see if the animal caused significant property damage or posed a threat to people’s safety. How Do San Diego Landlords Defend Claims of ESAs Violations?The Service Animal Registry of California provides some good defenses that landlords may raise to reject emotional support animals. These include:Mental Disability – Does the tenant have a mental impairment disability that substantially limits one or more major life activities supported with proper documentation? Need for an ESA – Does the tenant’s disability need an emotional support animal that assists, works, or provides therapeutic emotional support verified with a medical prescription? Health and Safety – You may refuse any animal that poses a direct threat to the health or safety of others. But you must be able to prove that the specific animal is a threat. General assumptions based on breed or size are not allowed. Online Prescriptions – HUD states that under the FHA a landlord has the right to demand reliable documentation of the tenant’s disability and a medical prescription. HUD states that an online prescription “is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal”. Furthermore, HUD states that the one writing the prescription must personally know the individual. HUD disapproves of online prescriptions where the medical provider never meets the patient. ConclusionMust San Diego landlords allow emotional support animals? Yes, with a few exceptions and exemptions. San Diego landlord pet policies may violate federal, state, and city laws if they prevent emotional support animals to live with a tenant having a mental impairment disability. Exemptions exist under federal and state laws allowing landlords to reject ESAs if:
Federal, state, and San Diego laws about Emotional Support Animals (ESAs) clearly state that:
Landlords’ rights in California and San Diego when confronting a tenant living with an ESA include:
Note: Contacting past landlords about the tenant and the specific animal may provide evidence of “knowledge”. Want to Avoid Hassles of Dealing with Emotional Support Animals in Your San Diego Rentals?WeLease understands that many peculiar laws confuse San Diego landlords. Our staff can help you to deal with them. Contact us to avoid ESA problems and all your other property management needs in the greater San Diego region. Steven Rich, MBA – Guest BloggerDisclaimer – The purpose of this blog post is to help educate landlords about certain laws and how they affect renting properties in San Diego. This post does not intend to provide legal advice or counsel. If you have questions about federal, state, and local laws consult with an attorney. HAVE ANY QUESTIONS? Let us know, we’d love to help: Call: (619) 618-9115 or Click: www.WeLeaseUsa.com/contact WeLease Property Management Company Do landlords have to accommodate emotional support animals?Even if you have a no-pets policy, you cannot discriminate against a tenant with a service or emotional support dog. Remember, they aren't considered pets. As a landlord, you should try your best to make adjustments to your property to accommodate a support animal.
Are emotional support animals considered service animals in California?Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
How do I get an emotional support animal letter in California?In California, to have a legitimate emotional support animal you will need to have a written recommendation for your ESA by either a Physician or a licensed Therapist. Your ESA recommendation letter will need to document that your struggle with emotional or mental issues that require you to have your ESA.
How do I get around apartment pet restrictions?7 Ways to Get Around Breed Restrictions. Get a Complete DNA Test. ... . Get Professional Training for Your Dog. ... . Rent from Private Owners Instead of a Company. ... . Get Pet Insurance. ... . Offer a Pet Deposit. ... . Create a “Resume” for Your Dog. ... . Register Your Pet as an Emotional Support Dog.. |