Emotional Support Animal Housing Law

As per the Fair Housing Amendments Act of 1988 (FHA), Owners can live with their emotional support animals in a no-pet apartment by certifying their ESA with a legitimate ESA letter. Along with this, the tenant does not need to pay extra rental or security charges to keep an ESA in the apartment if they hold an ESA letter.

The central perspective regarding submitting an emotional support animal letter to the landlord highlights that the patient has a mental health condition and requires emotional assistance from an animal to alleviate symptoms of their mental or emotional illnesses.

Emotional Support Animal Employment Laws

As such, an ESA letter cannot guarantee to avail you with the privilege to take your ESA into your workplace. It is because of the reason that it is up to employers if they want to allow ESA in their workplace, as they are not obliged by the laws to permit employees’ request to bring ESA in the workplace.

However, getting an Emotional Support Dog Certification can be beneficial in this case, too, as it will highlight your need to have an ESA around you. Acknowledging this, your employers can allow you ESA.

Emotional Support Animal Travel Laws

Until January 2021, the Air Carrier access act was used to protect emotional support animals, and the airlines were obliged to allow emotional support animals on their flights.

As for now, talking about the latest scenario, it’s up to airlines if they want to allow ESA or not, demand for extra charges or not. It means, nowadays, airlines treat emotional support animals as regular pets.

However, some airlines are still allowing ESA travel, so you should better call and confirm it from whichever airline you wish to fly with your ESA if they allow ESA on their flights.

Nevertheless, rules haven’t changed for Psychiatric service animals, and they still enjoy protections offered by the Air Carrier Access Act.

New California ESA Laws Guidelines

Numerous people of California intentionally claim their emotional support animals as service animals; however, they are very much alike. Emotional Support Animals are not trained as service animals. For that very reason, they are not suitable to savor benefits that are only offered to service, guide, or signal dogs.

That’s why the state made strict laws to overcome this fraudulent misrepresentation of Emotional Support Animals by the citizens. On September 16, 2021, California Governor Newsom gave the green flag to new emotional support animals California law. This law came into action on the first January of the year 2021.

The law contains guidelines for emotional support animal providers, ESA documentation service providers, and the health professionals who approve the patients’ mental illnesses.
Under the new CA emotional support animal laws, a person or a business that provide emotional support animals anywhere in the state of California must provide a written document in 12-point bold type to the animal buyer stating;

“(1) The dog does not have the special training required to qualify as a guide, signal, or service dog.
(2) The dog is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog.
(3) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.”

Similar guidelines are for Emotional Support animal certificates, identification, tag, vest, leash, or harness providers. They also have to provide a written document stating that the certification won’t offer any rights to the emotional support animal that the state offers to the guide, signal, or service dog. Along with this, the document should also mention that if any ESA parent fraudulently and intentionally represents themselves to be a guide, signal, or service dog owner, it will directly violate Section 365.7 of the Penal Code.

Now talking about the consequences that one has to face for violating Section 365.7 of the Penal Code is that starting with; they will be regarded as guilty in the eyes of the law for which they have to pay $500 for the first violation, $1,000 for the second time, and $2,500 for third and successive violations.

Besides these, the new California law on emotional support animals; has also mentioned guidelines for health practitioners that approve documents to certify a pet as an emotional support animal.

Firstly the health practitioner must have an active medical license mentioning license number, authority, and specialty of the health professional. Secondly, the license must provide the health practitioner with authority to sign and approve the ESA request of patients. Thirdly, Health professionals must build up at least a 30 day Client- provider relationship with the patient before agreeing to their ESA document. Fourthly, they must evaluate patients properly before making any decision and provide them ESA documentation.
Along with these, health practitioners also have to provide a verbal or written statement to the patient that if they intentionally claim to be the owner of a guide, signal, or service dog, it will violate Section 365.7 of the Penal Code.

Now, suppose the health professional will work against any above guidelines. In that case, it will be obviously in opposition to emotional support animal laws in California, and for that, they have to answer to the licensing board.