Emotional Support Animals and Fair Housing Laws

In 2019, the New York Times reported that nearly 200,000 pets in America were registered emotional support animals. This number is up from just under 2,500 in 2011, marking an explosion in the reliance on animals to allegedly fulfill emotional needs.

Being a landlord isn’t always easy and sometimes, you need a little extra help. Navigating individual issues with your tenants can get tricky, especially when you’re uncertain about their specific legal rights.

Now that more and more people are registering their pets as emotional support animals, the question is raised you need to know your legal obligations to accommodate tenants and their pets.

Below we discuss everything you need to know about California state laws and emotional support animals.

What Are Emotional Support Animals?

Under the Americans with Disabilities Act of 1990, the use of a service animal became an inalienable right of any American with a disability. Service animals are dogs that have undergone rigorous training in order to provide aid to an individual with mental, physical, or sensory issues.

However, emotional support animals are not quite the same and are not protected by the ADA. Emotional support animals provide emotional relief to individuals living with mental illness. They could relieve loneliness, soothe anxiety, or in some way alleviate the symptoms of mental illness. In order to qualify as an emotional support animal, an individual must receive paperwork from a medical or psychiatric professional stating them as such.

Which Animals Can Become Registered Emotional Support Animals?

While service animals are, as of now, always dogs, emotional support animals fall under a wide umbrella. While many people register standard pets such as cats or dogs, there are some unusual choices out there. For example, there’s nothing legally stopping someone from registering a pig, a bird, or even a reptile as an emotional support animal.

Who Qualifies for Emotional Support Animals?

In order to qualify for an emotional support animal, an individual must demonstrate that their quality of life is in some way lessened by their mental health issues.

In addition, they must demonstrate in some way that the symptoms of their mental health issues are in some way alleviated by the presence of their pet.

In fulfilling these steps, an individual can get emotional support registration for their pet, granting their pet access to more spaces than unregistered animals.

Do California Landlords Need to Accommodate These Pets?

Under most circumstances, landlords in California are required to provide reasonable accommodations for tenants who have emotional support animals. That means that in most cases, even units that do not allow pets cannot deny a tenant’s rental application on the grounds that they possess an emotional support animal.

Because the definition of an emotional support animal is on the looser side, you may want to ask for a copy of the animal’s registration paperwork. It is not uncommon for renters to claim a pet as an emotional support animal without proper registration.

Once you’ve seen proof of registration, it’s important to know what rights both you and your tenant have moving forward. Let’s take a look at some of the most common questions California landlords have about emotional support animals.

Can You Charge a Pet Fee?

Let’s say that you do allow pets in your units regardless of their registration status. However, you charge a non-refundable pet fee for each pet a tenant owns on your property. Can you charge a pet fee for an emotional support animal?

Under no circumstance can you charge a pet fee for a service animal or an emotional support animal. Doing so can be considered housing discrimination and can lead to serious court battles.

Can You Ask for Proof of Disability?

If a tenant’s disability is not reasonably obvious, you may ask for proof of disability. If this occurs, the tenant must then provide their landlord with medical paperwork from their health care provider that confirms the existence and extent of their disability.

When Can You Legally Deny a Tenant with an Emotional Support Animal?

Are there any circumstances under which you can legally deny accommodation to a tenant with an emotional support animal? There are, although the grounds to do so must be proven on a case by case basis.

The most salient reason for denial is that the animal poses a clear and direct threat to the physical safety or health of other tenants. You may also argue that the animal poses a clear and direct threat to the property of other tenants.

That being said, you must also be able to prove that there is no reasonable accommodation that would eliminate either threat. For example, you cannot argue that a dog is destroying the property of others by digging in their yard if you could easily build a fence to contain the dog.

In addition, you can’t discriminate against emotional support animals based on things like breed or size. Some dogs, such as pit bulls and rottweilers, may cause unease based on preconceived notions of how those breeds behave. However, unless and until you see proof that a dog (or another animal) is dangerous, you cannot refuse to accommodate that animal.

Let Us Help You Navigate Landlord-Tenant Law

The number of emotional support animals across America is growing rapidly, making it all the more important for landlords to understand the laws surrounding them. We hope that this guide has shed some light on what you can and cannot do when a tenant wants to bring an emotional support animal to one of your units.

If you’re a landlord in Orange County, you know how difficult it can be to keep up with the law and the needs of your tenants. Contact us at Genuine Property Management and find out how our services can make your job easier.