In California, landlords generally cannot deny a tenant’s request for an emotional support animal, provided the animal meets certain requirements. The Fair Housing Act protects individuals with disabilities from discrimination, including the right to have an emotional support animal. To qualify, the animal must be prescribed by a mental health professional and must provide emotional support that alleviates one or more symptoms of a disability. Landlords are not required to make modifications to their property to accommodate an emotional support animal, but they cannot charge extra fees or deposits for the animal. Landlords may also prohibit emotional support animals in certain situations, such as when the animal poses a direct threat to the health or safety of others. If a landlord denies a request for an emotional support animal, the tenant can file a complaint with the Department of Fair Employment and Housing.
Landlord’s Duty to Allow Emotional Support Animals
In California, landlords are required to allow tenants to keep emotional support animals (ESAs) in their rental units, even if the landlord has a no-pets policy. This is because ESAs are considered to be necessary medical devices, and landlords are prohibited from discriminating against tenants with disabilities.
In order to qualify for an ESA, the tenant must have a disability that is recognized by the Americans with Disabilities Act (ADA), and the ESA must be necessary to help the tenant manage their disability. The tenant must also provide the landlord with a letter from a healthcare professional that states that the tenant has a disability and that the ESA is necessary to help the tenant manage their disability.
Landlords are not required to make any modifications to their rental units to accommodate ESAs. However, they are required to allow the ESA to live in the unit and to use the common areas of the property.
If a landlord denies a tenant’s request to keep an ESA, the tenant may file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH can investigate the complaint and take action against the landlord, if necessary.
Tenant’s Responsibilities
- Provide the landlord with a letter from a healthcare professional that states that the tenant has a disability and that the ESA is necessary to help the tenant manage their disability.
- Keep the ESA under control at all times.
- Clean up after the ESA.
- Not allow the ESA to cause damage to the rental unit.
Landlord’s Responsibilities
- Allow the tenant to keep the ESA in the rental unit.
- Not charge the tenant any additional fees or deposits for the ESA.
- Not discriminate against the tenant because they have an ESA.
| Tenant’s Responsibilities | Landlord’s Responsibilities |
|---|---|
| Provide a letter from a healthcare professional | Allow the ESA in the rental unit |
| Keep the ESA under control | Not charge additional fees or deposits |
| Clean up after the ESA | Not discriminate against the tenant |
| Not allow damage to the rental unit |
Rights of Tenants with Emotional Support Animals
Tenants with emotional support animals (ESAs) in California have specific rights under state and federal law. These rights are designed to protect the tenant’s right to have their ESA in their housing unit and to ensure that the animal does not pose a threat to the health or safety of others.
Under California law, landlords are prohibited from discriminating against tenants with ESAs. This means that they cannot:
- Deny a tenant’s request to have an ESA
- Charge a pet deposit or pet rent for an ESA
- Require the tenant to provide proof of the ESA’s training or certification
- Evict a tenant because they have an ESA
Tenants with ESAs also have the right to:
- Have their ESA accompany them in all areas of their housing unit, including common areas
- Take their ESA with them when they leave their housing unit, such as when they go to the grocery store or the park
- Request reasonable accommodations from their landlord, such as a waiver of the no-pets policy or permission to keep the ESA in a restricted area
| Right | Explanation |
|---|---|
| No discrimination | Landlords cannot discriminate against tenants with ESAs. |
| No pet fees | Landlords cannot charge pet deposits or pet rent for ESAs. |
| No proof of training or certification | Landlords cannot require tenants to provide proof of the ESA’s training or certification. |
| No eviction | Landlords cannot evict tenants because they have an ESA. |
| ESA access | ESAs are allowed in all areas of the housing unit, including common areas. |
| ESA travel | Tenants can take their ESA with them when they leave their housing unit. |
| Reasonable accommodations | Tenants can request reasonable accommodations from their landlord, such as a waiver of the no-pets policy or permission to keep the ESA in a restricted area. |
If a landlord violates the rights of a tenant with an ESA, the tenant may file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH can investigate the complaint and take action against the landlord, such as issuing a citation or ordering the landlord to pay damages to the tenant.
Exceptions to the Requirement to Allow Emotional Support Animals
In California, landlords are generally required to allow emotional support animals (ESAs) in their rental units, even if the landlord has a no-pets policy. However, there are a few exceptions to this rule. A landlord may deny an ESA if:
- The animal poses a direct threat to the health or safety of others.
- The animal would cause substantial physical damage to the landlord’s property.
- The animal is not properly trained or controlled.
- The animal is a “dangerous breed” as defined by California law.
- The landlord has a legitimate business interest in denying the ESA, such as a no-pets policy that is necessary for the safe operation of the rental unit.
If a landlord denies a request for an ESA, the landlord must provide the tenant with a written notice that explains the reason for the denial. The tenant may then appeal the denial to the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the complaint and make a decision on whether the landlord’s denial was justified.
| Exception | Explanation |
|---|---|
| Direct threat to health or safety of others | The animal is likely to cause physical harm to others. |
| Substantial physical damage to property | The animal is likely to cause significant damage to the landlord’s property. |
| Not properly trained or controlled | The animal is not obedient and cannot be controlled by the tenant. |
| Dangerous breed | The animal is a breed that is considered to be dangerous by California law. |
| Legitimate business interest | The landlord has a valid reason for denying the ESA, such as a no-pets policy that is necessary for the safe operation of the rental unit. |
If you are a landlord and you have questions about your obligations under the law regarding ESAs, you should consult with an attorney.
Consequences of Denying a Tenant’s Request for an Emotional Support Animal
Landlords in California face serious consequences if they deny housing to tenants with legitimate emotional support animals (ESAs). These consequences include:
- Lawsuits: Tenants whose ESA requests are denied can file lawsuits against their landlords. These lawsuits can result in substantial financial settlements for the tenants and legal fees for the landlords.
- Fines: Landlords who violate the Fair Housing Act (FHA) by denying ESAs can be fined by the U.S. Department of Housing and Urban Development (HUD).
- Loss of Rental Income: Landlords who deny ESAs may lose rental income if tenants decide to move out because their ESA was not accommodated.
- Negative Publicity: Landlords who deny ESAs may receive negative publicity in the media, which can damage their reputation and make it more challenging to attract new tenants.
It is important to note that these consequences can be avoided by simply complying with the FHA and allowing tenants to keep their ESAs. Landlords should work with their tenants to find reasonable accommodations for ESAs and should not deny housing to tenants with ESAs without a legitimate reason.
| Violation | Consequence |
|---|---|
| Denying housing to a tenant with a legitimate ESA | Lawsuits, fines, loss of rental income, negative publicity |
| Failing to make reasonable accommodations for an ESA | Lawsuits, fines, loss of rental income, negative publicity |
| Charging extra fees or deposits for an ESA | Lawsuits, fines, loss of rental income, negative publicity |
Thanks for sticking with me to the end of this wild ride! I hope you found the information you needed, whether you’re a landlord trying to navigate the legalities of emotional support animals or a tenant seeking a furry friend to ease your mind. Remember, knowledge is power, and the more you know about your rights and responsibilities, the better equipped you’ll be to make informed decisions. Stay tuned for more legal adventures, and in the meantime, feel free to drop by again whenever you need a dose of legal wisdom. Until next time, keep calm and advocate on!