As the owner of an emotional support animal, you have rights that are protected by federal laws that take effect in every state throughout the country. If you live in California, you have even more protection than most other states, as California has additional laws that are quite accommodating toward owners of ESAs and other assistance animals.
With some recent developments, a new California emotional support animal law will go into effect at the start of the new year that may change some processes for ESA owners. Let’s break down the new law and all that it entails.
What is California’s New ESA Law AB 468?
California’s Governor Gavin Newsom signed a new law on September 16, 2021 that will become effective on January 1, 2022.
The law seeks to address the issue of increased selling and misrepresentation of emotional support animals as service animals. It also seeks to prevent businesses that sell special ESA certificates, ID cards, vests, and harnesses that seek to mislead others into thinking the ESA is a service animal.
Emotional support animals have always been distinct from service animals. They have never had the same privileges and rights, as ESAs do not have training specific to the owner’s disability. It can be easy and enticing for some to pass off their emotional support animal as a service animal. It’s already a misdemeanor to misrepresent an ESA as a service animal, punishable by fines. But this new law seeks to further clarify the distinction and punish those who attempt to falsely represent an ESA as a service dog.
What does the new ESA law in California require?
The new California ESA laws require three major changes. Two of these are concerning people and businesses who sell emotional support dogs or paraphernalia, stating that they must now include sales notices to clarify some points for the buyer. The other change is in requirements for the licensed mental health professional who writes the official ESA letter.
Sales Notice Requirements in the New California ESA Law
As for the first changes from the new law, any business that provides dogs as emotional support animals will now be required to also provide a written statement along with it. This notice must acknowledge the emotional support animal does not qualify as a service animal, and that knowingly and fraudulently representing the animal as a service dog is illegal.
In addition, any business that sells special ID cards, tags, vests, harnesses, leashes, or certificates for ESA must provide a written notice to buyers including the same details.
LMHP Requirements in the New California ESA Law
The final change in requirements of the new California ESA law affects licensed mental health professionals who write ESA letters. An official ESA letter is required to prove to a landlord or anyone else who needs to know that an animal is an emotional support animal.
With the changes coming in California in 2022, the LMHPs who issue these letters now have additional stipulations to meet:
- They must hold a legitimate and active license. In the ESA letter, they must include their license number, the effective date, their jurisdiction, and the type of professional license.
- They must be licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided.
- They must establish a professional relationship with the client at least 30 days before providing the ESA letter.
- They must conduct a clinical evaluation of the client to assess their need for an ESA.
- They must provide a verbal or written notice to the individual similar to the sales notices explained above – stating that an emotional support animal does not qualify as a service animal, and that misrepresenting the ESA as a service animal is against the law.
The change here that affects ESA owners the most is the new requirement to establish a client-provider relationship 30 days prior to obtaining an ESA letter. This may make it difficult for anyone in a hurry to legitimize their emotional support animal with an ESA letter.
Of course, if you’re concerned about the waiting period, you may consider seeking out an ESA letter right now, before the law comes into effect at the start of the new year. See if you qualify to get an ESA letter through Pettable.
Does this new law apply to Psychiatric Service Dogs?
No – the new law applies only to emotional support animals. This is because psychiatric service dogs are already allowed access to most public places. The current problem the new law seeks to resolve is the fact that people too often misrepresent their emotional support animals as being service animals when they are not.
If you think your support animal may qualify as a psychiatric service dog, and you’d like to pursue this, click the button below:
How do you qualify for a Psychiatric Service Animal?
To qualify for a psychiatric service animal, you must have an animal that is specifically trained to complete a task or tasks that help alleviate an aspect of your mental or emotional disabilities. This training can come from a professional dog trainer or from yourself, with a little guidance.
Interestingly, though the standards of training for the dog are more rigorous, the mental or emotional disabilities that qualify one for a psychiatric service animal are the same that qualify for an emotional support animal.
These disabilities include:
- Personality disorders
- Bipolar disorder
This disorder must be diagnosed by a licensed mental health professional (LMHP). In addition, the LMHP must have issued you a valid PSD letter to certify your dog as a legitimate psychiatric service animal.
How to get a PSD letter with Pettable
After completing our quick, 3-minute assessment, you’ll be sent all the forms and instructions you need to fill out regarding your PSD needs. Next, you’ll be connected to a clinician licensed in your state. After consultation with them, assuming the LMHP finds you qualify for a PSD, they will write you a PSD letter, which can be delivered to you in as little as 24 hours (with a small “express service” fee, should you choose this option).
What are the current California ESA laws?
Many California laws regarding emotional support animals match those that are set at the federal level, so they tend to be similar to those throughout the country. Let’s go into detail about each California law so you know your current protections and rights when you possess a valid ESA letter for California.
California ESA Laws for Housing
California emotional support animal laws for housing are much the same as federal regulations put in place by the Fair Housing Act and HUD. This law states that landlords cannot discriminate against those with disabilities, and therefore cannot deny a potential tenant who is the owner of an ESA. And, of course, you must have an emotional or mental health disability, as verified by an LMHP – such as depression, anxiety, PTSD, ADHD, bipolar disorder – to qualify for an ESA.
As long as you have a valid ESA letter for housing, your landlord must make reasonable accommodation for your support animal, regardless of the property’s current pet policies or restrictions. They cannot charge you any extra fees for possessing an ESA (even if other pet owners are typically charged a deposit or fee). Your housing provider can only refuse if your animal poses a direct, demonstrated threat to the safety or health of others.
California ESA Laws for Employment
California’s employment laws regarding ESAs are unique from most other states – they tend to have more friendly policies in this area. In California, individuals are, in most cases, allowed to bring an emotional support animal to work. An employer must make reasonable accommodation for ESAs in the workplace. As long as the employee has a valid ESA letter, they are protected under California’s Fair Housing and Employment Act.
California ESA Laws for Travel
When it comes to traveling with ESAs, California has adopted the federal Air Carrier Access Act, which, as of some updates in early 2021, no longer requires airlines to accept emotional support animals. It now states that each airline can determine whether or not it will accept ESAs on board their flights. To find out if you can fly with your companion animal, contact your airlines ahead of time.
In California, ESAs are also not required to be admitted on public transportation, as only service animals have protected access to public establishments and transportation.
Frequently asked questions on California ESA laws
Do I have to tell my landlord I have an ESA in California?
If your housing provider has a no-pet policy, you must inform your landlord that you own an emotional support animal. This can protect your right to be accommodated, without having to pay any extra fees – and regardless of the landlord’s policies or opinions.
Technically, if your housing provider is pet-friendly, you do not have to tell your landlord you have an ESA. However, it will still probably be helpful to let them know, as this can waive any breed restrictions or pet fees that your landlord typically has in place for pet owners.
Can a landlord deny an emotional support animal in California?
No, a landlord cannot deny an emotional support animal in California if you have a valid ESA letter from a licensed mental health professional in your state.
When do I tell my landlord about my ESA in California?
You can let your landlord know about your ESA before OR after you sign your lease. Or, if you are getting a new emotional support animal and will still be living in the same place, inform your landlord as soon as you have received your ESA letter.
Could my landlord charge a fee for my emotional support animal in California?
In California, your landlord cannot ever require you to pay a pet fee, higher rent, additional security deposit, or liability insurance because you own an emotional support animal.
Keep in mind, however, that ESA owners are still always liable to pay for repairs to any damage caused by their animal.
Can you have more than one ESA in California?
Yes. There is no limit to the number of emotional support animals you can have in California. However, each ESA must help you with your disability in a specific way, and each must be covered by your ESA letter from an LMHP. In addition, your request must be reasonable (i.e. bringing 5 Great Danes into a California studio apartment likely won’t be reasonable).
Can my California landlord place any restrictions on my emotional support animal?
Yes, a landlord in California can place some reasonable conditions on their tenants who are owners of ESAs. These are simply requests that make sure the animal is under the owner’s control. Some conditions may include things like disposal of animal waste and proper animal behavior that isn’t a nuisance to the housing provider or other tenants.
Do I need a certificate, ID card, or vest for my emotional support animal in California?
No. Accessories – such as special certificates, ID cards, vests, harnesses, tags, or leashes – are not necessary to legitimize an ESA. All you need to prove your emotional support animal is legitimate is a valid ESA letter from a licensed mental health professional.