An ESA is an emotional support animal. Unlike service animals that require specific training, an ESA is typically any animal that helps those with disabilities or disability-related needs cope with life. This could be by providing a support feature, adding comfort to an emotional situation, or even offering mental companionship.
Most states follow the legal guidelines overseen by the Department of Housing and Urban Development under the Fair Housing Act. California goes a little further than these requirements to ensure everyone who needs housing has fair and equitable access.
Your job as a property manager or landlord is to thread the needle to ensure you meet current regulations and avoid liability or risk of tenants seeking to take advantage of the system through unreliable ESA applications. Here is some crucial information to help you strike that balance.
What is an accommodation request in California?
To receive an emotional support animal accommodation, a tenant must have a disability and disability-related need for an assistance animal as dictated by a medical provider. This is where most landlords get into “sticky” situations. You want to require proof that the person requesting their three poodles needs them for a verified reason, but you don’t want to violate anyone’s rights. As a property manager, you can ask the individual if they have a disability and disability-related need, but may not ask what the disability actually is.
Any health professional issuing an ESA letter must be licensed in California and have an established relationship, at least 30 days prior to providing their patient with an ESA letter. All letters ideally come on an official letterhead, usually accompanied by a license number, so there is “written clarification” that the ESA is necessary for the disability-related need. These guidelines are listed in California Law AB-468. It also says anyone trying to sell an ESA or pass off an ESA as a service animal is subject to fines.
Can You Reject an accommodation request?
Working with animal management for your properties is challenging. Under California laws, you cannot discriminate against anyone with disabilities or a disability-related need. If they state they have an ESA and can provide reliable documentation due to an emotional or mental health disability (anxiety, PTSD, ADHD, etc.), then you must grant their reasonable accommodation.
This means you must accommodate the needs of any tenant with disabilities at your own expense. You have to adjust rules or procedures so that anyone applying has a fair and equal chance at a rental unit.
You don’t have to bend every rule to make these accommodations. If the ESA accommodation request would impair your ability to properly run your business (adding extreme expenses, making significant changes to the structure, etc.), then you may be able to deny the request. In most cases, it means if you have a “no-pets” policy, you must allow ESAs if the documentation is reliable.
The only time you can deny such a request is when:
- Allowing the ESA causes an undue financial or administrative burden.
- Permitting the ESA includes a significant alteration to your property or business operation.
- If the ESA directly threatens the health or safety of you, others, and physical property.
There is a lot of wiggle room in these denials, so you want to be very clear about the situation. The last thing any property manager wants to deal with is an expensive court case or mediation that adds more expenses to operations.
California is massive. It is considered the fifth most significant economy in the world (if it was a country), meaning there is a lot of red tape concerning ESA laws and regulations.
The California Fair Employment and Housing Act (called FEHA) makes it clear you need to make reasonable accommodations, and the Health and Safety Code penalizes healthcare professionals for violating the release of ESA requests (fraudulent claims). It is a double-edged sword you’ll want to pay close attention to as you rent.
How OurPetPolicy Streamlines California ESA Laws
When a resident makes a reasonable accommodation request for an ESA, they must submit a professional letter from a licensed healthcare professional with whom they have an established therapeutic relationship. To verify accommodation requests, landlords and property managers must establish that the healthcare professional is legitimate and has a working relationship with the resident.
A much easier alternative than trying to verify each and every application you receive is to sign up for OurPetPolicy.
This platform allows you to streamline the application process and properly comply with federal and California laws. You ensure that authentic ESA letters are tracked while protecting your other tenants and properties from risk.
In addition, when you create an account with OurPetPolicy, you get liability protection and compliance management that drastically reduces the risk of potential legal issues. Using HUD-compliant ESA verification ensures you can quickly and accurately check your applicants are on the up and up and map pets for all your properties from a single dashboard. You get all the support necessary to save time, money, and hassle while qualified tenants are able to get fair and equitable access to housing. It’s a win-win!
Conclusion
California is a vibrant state with a massive population and all kinds of people from various backgrounds. As a property manager, you will come across many ESA and service animal requests. Save yourself the challenge of trying to verify every request and utilize the power of OurPetPolicy. This way, you can focus on what matters most by fully occupying all your units and properties to maximize cash flow.
