Emotional Support Dog Apartment Laws California

Where california state law provides more protections to people with service dogs than does federal law it trumps the federal law. An emotional support animal letter is a signed statement from the tenant s mental health practitioner proving that the animal companion is essential to their wellbeing and recovery. However the law does not consider emotional support animals to be the same as service dogs for disabled persons.

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Emotional support dog apartment laws california. There are a few areas where an emotional support dog in california has equal rights like that of the service dog or the psychiatric service dog but there are some areas where california s law. From everyday tasks to challenging obstacles an emotional support animal can be vital in successfully navigating day to day life. As a result the laws protecting service dogs do not similarly cover emotional support animals. Emotional support animal travel law.

Landlords and other housing providers in california may not refuse to make reasonable accommodations in their rules or policies if such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a house or. Various california statutes protect the rights of people with assistance dogs service dogs psychiatric service dogs and emotional support animals giving disabled persons broader protection in housing and the work place. Emotional support dogs in california do not enjoy the same privilege as a service dog or a psychiatric service dog when it comes to protection by law. In order to qualify to have an emotional support animal one must be prescribed an emotional support animal by a licensed mental health professional.

The laws in california allow a person with a disability to bring a trained service dog or psychiatric service dog to all public places but not emotional support animals. Under the acaa passengers have a right to fly with their emotional support animal in the airplane cabin free of charge. California law guarantees people who use trained service dogs full and equal access to. Both the air carriers access act acaa and the fair housing act fha call for modification of no pets policies for emotional support animals.

Attorney katie holt writes. The use of emotional support animals is emerging as a popular way for coping with mental and emotional conditions such as stress anxiety and depression. Thankfully because of the fair housing act emotional support animals and their owners have legal rights that specifically guarantee access to housing. In california tenants have the right to bring their service dogs and emotional support animals to live with them in many circumstances.

An emotional support animal does not need to be a dog but can be. For more on the basic difference between service dogs and support animals see nolo s article on service dogs and support animals how california protects service dogs in public areas. The letter can be signed by a doctor pa psychologist social worker peer support group non medical service agency or a reliable 3rd party that would be aware. The department of transportation issues guidance from time to time regarding how airlines and passengers should comply with the requirements of the acaa.