Understanding California Emotional Support Animal Law AB468

California ESA Law AB468 is a regulation that outlines the rights and responsibilities of emotional support animal owners in the state. It requires landlords and housing providers to make reasonable accommodations for individuals with emotional support animals, which are not considered pets under the law. This means that landlords cannot charge additional fees or deposits for emotional support animals, and they cannot restrict or refuse housing to individuals with emotional support animals.

The law also provides protections for emotional support animals in public places. Emotional support animals are allowed to accompany their owners in public places, such as restaurants, hotels, and airplanes, under certain conditions. However, emotional support animals are different from service animals as they do not have the same privileges and rights, as emotional support animals do not have specific training related 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 a support animal as a service animal, punishable by fines. However, this new law seeks to further distinguish the difference and penalize those who try to misrepresent an emotional support animal as a service dog.

Who Qualifies for an Emotional Support Animal?

To qualify for an emotional support animal in California, you must have a qualifying mental health condition that is recognized under the law. These conditions include anxiety disorders, depression, post-traumatic stress disorder (PTSD), and other emotional or psychological conditions that significantly impair your daily life.

To obtain an emotional support animal, you must have a letter from a licensed mental health professional, such as a therapist, psychologist, or psychiatrist, that verifies your need for an emotional support animal. The letter must state that you have a mental health condition that requires the presence of an emotional support animal, and it must be renewed annually.

How to Register Your Emotional Support Animal in California

Emotional support animals do not require registration in California. However, some individuals choose to register their emotional support animals with a registry or certification service. It’s important to note that these registries are not recognized under the law and do not provide any legal protections for emotional support animals.

It’s also essential to understand that emotional support animals do not have public access rights like service animals. Emotional support animals are only granted housing and travel accommodations under the law.

Requirements for Businesses Selling ESAs

Businesses selling emotional support dogs or related products must include sales notices that clarify specific points for the buyer. They must acknowledge that emotional support animals do not qualify as service animals and that intentionally misrepresenting an emotional support animal as a service animal is illegal. Second, licensed mental health professionals who write official ESA letters must meet additional stipulations, such as having an active license and establishing a professional relationship with the client at least 30 days before providing the ESA letter. They must also conduct a clinical evaluation of the client to assess their need for an emotional support pet. Finally, businesses selling special ID cards, tags, vests, harnesses, leashes, or certificates for support animals must also provide a written notice to buyers including the same details as the sales notices.

Conclusion

In conclusion, we hope that this article has provided valuable insights into California ESA Law AB468 and how it can affect emotional support animal owners in the state. By understanding your rights and responsibilities under the law, you can make informed decisions about your emotional support animal and ensure that you are treated fairly and equally in housing and public places.