Service Animals and Emotional Support Animals: California Renters’ Rights

If you’re a renter in California with a disability, you may rely on a service animal or an emotional support animal (ESA) for your wellbeing. But what are your rights when it comes to living with these animals? Understanding the difference, the forms required, and your landlord’s responsibilities helps you protect yourself and your animal companion under California law.

What Is the Difference Between a Service Animal and an Emotional Support Animal?

California and federal law protect renters with disabilities who have assistance animals, but the rules differ depending on whether your animal is a service animal or an emotional support animal:

• Service Animal: Trained to do specific tasks related to a person’s disability (e.g., guiding people with visual or hearing impairments). Under the Americans with Disabilities Act (ADA) and California's Civil Code Section 54.2, a service animal is almost always a dog (and sometimes a miniature horse).
• Emotional Support Animal (ESA): Provides comfort or support for a mental health or emotional disability but does not need special training. ESAs are covered by the federal Fair Housing Act as a "reasonable accommodation" but are not granted the same public access as service animals. California law supports fair housing protections for ESAs.

In summary: Service animals have broader access and fewer restrictions than ESAs. Both types offer vital support, but legal rights differ depending on which you have.

California Laws Protecting Assistance Animals in Rental Housing

Landlords in California must follow both federal and state disability accommodation laws, protecting people with service animals and ESAs. These include:

• The California Fair Employment and Housing Act (FEHA)
• California’s Fair Housing Laws regarding disability assistance animals
• The federal Fair Housing Act (FHA)

Landlords may not deny your application, increase your rent, or charge a pet deposit just because you have a service animal or ESA you need for a disability. However, there are some specific rules about documentation and proper procedures.

When Can a California Landlord Ask for Documentation?

Your landlord can ask for reliable documentation if your disability or need for an assistance animal is not obvious. This includes:

• For service animals: Only two questions are legally allowed—Is this animal required due to a disability? What work or task has the animal been trained to perform?
• For emotional support animals: Landlords may request a letter or verification from a qualified healthcare provider establishing that you have a disability and need the ESA. Online certificate services alone are not considered sufficient in California.

California’s Department of Fair Employment and Housing provides more guidance on what landlords can and cannot request.

Required Official Forms: How to Request an Animal Accommodation

California does not have a universal state-wide form, but the Department of Fair Employment and Housing (DFEH) offers a model form you can use:

• Reasonable Accommodation Request for an Assistance Animal
  Form name: "Sample Verification Form for Disability-Related Assistance Animals"
  When to use: If your landlord asks for proof of need for a service animal or ESA, give this form (or its details) to your healthcare provider to complete on your behalf.
  View the official DFEH sample assistance animal verification form

Example for renters: If your landlord posts a 'no pets' rule and asks for written proof that you are allowed an exception for your ESA, your doctor can complete the above verification and you submit it to your landlord with your written request.

If your rights are denied, you can file a discrimination complaint with the California Civil Rights Department (CRD), which handles fair housing complaints, including those related to rental accommodations and animals.

Your Rights and Duties as a California Renter

Renters with service animals or ESAs have rights and responsibilities. Briefly:

• Landlords cannot deny you housing or charge extra fees for a needed assistance animal.
• You are responsible for keeping your animal under control and cleaning up after them.
• Damage caused by any animal (even an assistance animal) can still be deducted from your security deposit.
• Landlords can refuse unreasonable animal requests (for example, if a specific animal poses a danger or would be a direct threat to others).

Key Legislation and Agencies

• California Civil Code Sections on Tenancies and Disability Rights
• California Civil Rights Department (CRD) (formerly Department of Fair Employment and Housing)—Contact for housing discrimination complaints
• U.S. Department of Housing and Urban Development (HUD): Assistance Animal Guidance

These resources guarantee legal protections for renters with disabilities using assistance animals.

Frequently Asked Questions for California Renters

1. Can my landlord charge me a pet deposit for my service animal or ESA in California?
   No. Landlords cannot require pet fees or deposits for service animals or emotional support animals needed due to a disability.
2. What documentation do I need for an emotional support animal?
   You generally need a letter from a licensed healthcare provider stating your disability and need for the ESA. Use the DFEH sample form to guide your provider.
3. Can my landlord deny my reasonable accommodation request?
   Your landlord may only deny requests if allowing your animal would cause undue hardship or pose a direct threat to the health or safety of others.
4. Do service animals have to wear a vest or carry special ID in California?
   No special vest or ID is required by law. However, the animal must be under your control at all times.
5. Where can I file a complaint if my landlord refuses my service animal or ESA?
   You can file a complaint with the California Civil Rights Department (CRD) online or by phone.

Conclusion: Your Rights and Next Steps

• Know the difference between service animals and ESAs—your rights vary.
• Landlords in California must provide reasonable accommodations and cannot charge pet deposits for assistance animals.
• If you need help, state agencies and advocacy groups are available to support you.

You have strong protections, but it is essential to follow official procedures, use recommended forms, and communicate clearly throughout the process.

Need Help? Resources for Renters

• California Civil Rights Department – Housing Discrimination Complaints
• California Fair Housing: Disability & Assistance Animals
• California Department of Housing & Community Development
• File a Federal Fair Housing Complaint (HUD)

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1. California Civil Code – Tenant Protections
2. California Fair Housing: Disability Assistance Animals in Housing
3. California Civil Rights Department (CRD)
4. HUD Guidance on Assistance Animals

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