Service Animals in California: Does the Law Allow Them in Rentals?

Service Animals in California: Does the Law Allow Them in Rentals?

There are over 500,000 service animals in use across the US. As a landlord, you might have a potential tenant who needs a service animal as part of their daily lives. When it comes to service animals in California, there are laws that protect people who require their assistance. Are service animals in rentals allowed? What laws come into effect when a tenant has a service animal? Be sure you are up to date on the latest laws for support animals in rental units in California. Keep reading to find out everything you need to know as a landlord.

What Is a Service Animal?

Is a Service Animal the Same as an Emotional Support Animal?

Emotional support animals are not the same as service animals. They did not go through training to render specific care for a person. Instead, they provide comfort, companionship, and support for people with disabilities.

California Laws for Service Animals

Allowing pets in a rental unit is usually the landlord's decision. However, when it comes to service animals, the housing applicants and tenants have a right to keep the animal with them even if the landlord has a no-pets policy. The animal must be a dog or a miniature horse that has been trained and certified to do work related to the tenant's disability.

A landlord can legally ask two questions related to service animals.

  1. Is the animal required because of the tenant's disability?
  2. What task or work does the animal perform?

Does the Law Apply to Emotional Support Animals?

Under California law, both emotional support animals and service animals are considered "assistance animals", and both require the landlord to make reasonable accommodations for them.

However, there is a new emotional-support-animal law, effective January 1, 2022, that seeks to address the increasing misrepresentation of emotional support animals. An official Emotional Support Animal letter, prepared by a mental health professional, is required to prove to a landlord that a tenant requires an emotional support animal.

The mental health professional who signs the letter must:

It is a misdemeanor to misrepresent an emotional support animal as a service animal.

Landlord Accommodations for Service Animals in California

Landlords must make accommodations for service animals in California. The same laws apply to people with emotional support animals (with proper documentation). Your tenants with disabilities have the right to have a pet that benefits their well-being, safety, independence, and overall health.

At Advantage Property Management in Pleasanton, we advocate for the rights of landlords and specialize in managing every aspect of rental property ownership. Contact us today to find out more about our full range of property management services.

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Russ Cowley Broker/Owner CA DRE# 01507575

Russ Cowley stands out in the real estate and property management industry as a beacon of entrepreneurial spirit and expertise. With a B.S. in Business Management focused on Small Business Management and Entrepreneurship, Russ quickly translated his academic prowess into professional success, advocating for small business owners as a Business Intermediary immediately upon graduating from college. His dedication to facilitating business growth and transactional efficiency earned him the distinguished Certified Business Intermediary (CBI) designation in 2006, a testament to his proficiency and high standing in the business brokerage field. In 2010, Russ propelled his vision into the property management sphere with the launch of Advantage Property Management Services (APMS), a company dedicated to raising the bar for rental property management in the Tri-Valley area. With an ethos of delivering exceptional service, APMS has become a hallmark of excellence in the region. Further expanding his service portfolio, Russ established Rental Property Maintenance Contractors (RPMC) in 2014, thereby enhancing the value and comprehensive care offered to property owners. Russ's professional journey is characterized by continuous innovation and an unwavering commitment to excellence, cementing his reputation as a leader in the property management sector.

Russ Cowley stands out in the real estate and property management industry as a beacon of entrepreneurial spirit and expertise. With a B.S. in Business Management focused on Small Business Management and Entrepreneurship, Russ quickly translated his academic prowess into professional success, advocating for small business owners as a Business Intermediary immediately upon graduating from college. His dedication to facilitating business growth and transactional efficiency earned him the distinguished Certified Business Intermediary (CBI) designation in 2006, a testament to his proficiency and high standing in the business brokerage field. In 2010, Russ propelled his vision into the property management sphere with the launch of Advantage Property Management Services (APMS), a company dedicated to raising the bar for rental property management in the Tri-Valley area. With an ethos of delivering exceptional service, APMS has become a hallmark of excellence in the region. Further expanding his service portfolio, Russ established Rental Property Maintenance Contractors (RPMC) in 2014, thereby enhancing the value and comprehensive care offered to property owners. Russ's professional journey is characterized by continuous innovation and an unwavering commitment to excellence, cementing his reputation as a leader in the property management sector.