ASSISTANCE ANIMALS

“Assistance animal” is an umbrella term that covers both Service Animals and Emotional Support Animals. Service animals are animals that have been trained to perform a task to mitigate the effects of a physical or mental health disability. Emotional support animals do not need to be trained and may provide comfort or therapeutic support for an individual with a mental health disability simply by being present in the housing unit.

Both types of assistance animals are allowed in housing accommodations under federal and California fair housing laws. However, tenants may need to request that an emotional support animal be allowed as a reasonable accommodation from their housing provider.

Service Animals

Service animals are animals that have been trained to perform at least one task to lessen the effects of a disability. For example, seeing eye guide dogs are trained to help individuals with disabilities that affect their vision by navigating indoor and outdoor spaces.

Service animals may not be prohibited from housing accommodations and are required to be allowed in many public accommodations, including doctor’s offices, court rooms, and counseling or therapy offices. However, individuals with service animals may be asked two questions: 1) “Are you an individual with a disability?” and 2) “What is the disability-related task that the animal has been trained to perform?” An individual with a disability is not required to demonstrate the task that the service animal is trained to perform nor are they required to provide training documentation. Additionally, there are no articles of clothing or other identifying badges that the service animal is required to display in housing accommodations.

For more information on Service Animals, please review the detailed guidance on service animals in the California Code of Regulations (2 CCR § 12185), and the definition of a service animal in the California Code of Regulations (2 CCR § 12005 (d)).

  • Service animals are not limited to assisting with physical disabilities. Services animals may also be trained to assist with tasks to mitigate the effects of mental health disabilities. For example, a psychiatric service animal might be trained to sense an anxiety attack even before the individual with a disability is aware that the attack is occurring. This would allow the service animal to notify their owner of the impending attack, or to act as a calming and grounding influence, to lessen the effects of the anxiety attack.

  • Service Animals are limited to trained dogs or miniature horses. There are no restrictions on the breed of dog, but the size and weight of a miniature horse are allowed to be taken into consideration.

Emotional Support Animals (ESAs)

Emotional support animals (ESAs) are support animals that provide emotional, cognitive, or other similar support to an individual with a disability. ESAs do not need to be trained to perform a specific task.

  • ESAs are not considered to be “pets” under the law, and therefore are not subject to pet insurance or pet deposit requirements, even if the requirements are part of a signed lease agreement.

    For more information, please see our Fair Housing Tip on emotional support animals. You may also refer to the California Code of Regulations (2 CCR § 12185 (d)(2)).

  • There is no breed, size, or weight restriction for an ESA.

    For more information, please see our Fair Housing Tip on Emotional Support Animals. You may also refer to the California Code of Regulations (2 CCR § 12185 (d)(5)).

  • There is no limit on the number of ESAs that a tenant may request. However, each animal must separately qualify as an ESA, and the housing provider is allowed to consider the cumulative impact of each animal for subsequent requests.

    For more information, please see our Fair Housing Tip on multiple emotional support animals. You may also refer to the California Code of Regulations (2 CCR § 12185 (d)(4)).

  • In California, there are specific requirements for a therapist or other health care practitioner when verifying the need for an ESA. Under California law, the therapist must have a client-provider relationship with the individual with a disability that has lasted longer than 30-days and must complete a clinical evaluation prior to issuing a verification.

    The 30-day requirement is waived if the individual seeking verification is verified to be homeless.

    For more information, please see our Fair Housing Tip on therapist verification of emotional support animals. You may also review the California Code of Health and Safety Code (Cal. Health & Saf. Code § 122318).