Guide to Emotional Support Animals in California
If you have an emotional disability, then you may qualify for an Emotional Support Animal. An ESA by definition is any species of animal used to bring comfort and a sense of well being to an individual. An emotional support animal is not a service or psychiatric service dog, which requires specific training to aid the person with daily tasks. An emotional support animal or dog does not require any training, but it also does not have the same rights as a service dog.
Let’s explore how to get an emotional support animal in California.
What Qualifies As an Emotional Disability in California?
Unlike other states, California is more liberal in its definition of a “disability” than the Americans with Disabilities Act (ADA). Federal law states a person must have a condition that ”substantially limits” a significant life activity to be considered disabled. California’s laws governing this issue says a mental or physical impairment must only make the achievement of the significant life activity difficult, not impossible.
What conditions are covered under California law?
- Organic Brain Syndrome
- Bipolar Disorder
- Intellectual Disability
- Clinical Depression
- Emotional or Mental Illness
- General Anxiety Disorder
- PTSD
- Panic Disorders
- Any Learning Disabilities (which limits a major life activity).
How to Get an ESA in California
If you have one of the above conditions, then you will want to make your canine an official emotional support animal.
To do this, you must first be under the care of a mental health professional. Once your doctor has deemed the emotional support animal as a necessary part of your treatment plan, you can then obtain an ESA letter. This letter will include the following:
- The date of the license and the license number
- The state where the license was issued
- Healthcare professional’s signature on the letterhead
This letter will serve as proof as your need for needing an emotional support animal for your emotional or mental disability.
ESA Rights in California
Even though your emotional support dog is not a full-fledged service dog, you still have rights under the laws of California.
In California, your ESA is allowed in “no pets” policy rental units. The landlord or building manager must make reasonable accommodation for your dog. Unless the dog is deemed as a threat to the safety or health of the other tenants, it has caused substantial physical damage, or it causes the landlord an undue financial burden.
However, even if this last situation exists, if the landlord can eliminate the problem reasonably (without high cost) he or she must do so to allow the person housing with the animal. The landlord also cannot reject your canine companion based on its weight, breed, or size if you have an ESA letter from a California licensed healthcare professional.
Can a Landlord Ask for Proof?
If your emotional or mental disability is not apparent to the landlord or building manager, by California law, he or she can ask for proof. As the tenant, you will need to provide the ESA letter written by a licensed mental health care provider.
If you need help or have questions about sending your ESA letter to your landlord, this article may be helpful.
Emotional Support Animals in the California Workplace
The Federal law of the Fair Employment and Housing Act (FEHA) states that any business with five or more employees must make accommodations for a person with an emotional support dog (this law only covers canines, not other types of animals). However, the dog must emotionally assist the employee, as well as be well trained, clean, and certified.
Your employer also has the right to ask for certification and/or documentation from a medical professional of your condition and the dog’s benefit in that situation.
Emotional Support Animals & Public Transportation in California
Amtrak and the Los Angeles Metropolitan Transportation Authority does not allow emotional support dogs. However, Metro trains and buses do make allowances for emotional support dogs, as long as it does not need its own seat.
You can also take your emotional support canine along on flights departing from California at no additional cost. Your dog will be allowed in the cabin of the aircraft. However, be sure to inform the airline that you will be traveling with an ESA, so that they can make the necessary arrangements for your flight.
Recognizing Emotional Support Animals in California
California is one of the more liberal states when it comes to recognizing the benefits of an emotional support animal. If you think an ESA would be the right answer for your mental health issue, make an appointment with a mental health professional today or go online to see if you qualify.
