I am a Tenant. What are my Legal Rights concerning my Companion Animal?

Under state and federal law, a service animal and its owner have various legal rights. The animal is not considered a “pet” and, therefore, a landlord cannot charge pet deposits and pet rent. A service animal is trained to provide medic-aid alerts, mobility assistance and other tasks and is specially-trained. Federal laws covering service animals include the Rehabilitation Act, the Americans with Disability Act (ADA), the Fair Housing Amendments Act (FHAA), and the Air Carrier’s Access Act (ACAA).

A companion or therapy animal provides emotional support for its owner and is classified as an Emotional Support Animal or ESA. Companion animals have less legal rights than service animals.  Pet deposits and pet rent can be charged.  However, if the owner can prove that the owner has an emotional disability and the animal is imperative to the owner’s continued good emotional health, failing to allow the animal residency in a rental residence could be considered a discriminatory act under California’s Fair Employment and Housing Act (FEHA). California’ UNRUH act also extends to emotional support animals. Federal laws covering ESA’s include the FHAA and the ACAA.

The relevant sections of state law (FEHA) can be found under Cal. Govn.  Code sections 12955 et seq. There is an also a precedential case on point dating from 2004.  In Auburn Woods Homeowners Association v. Abdelfatah Elbiari, the condominium association had a no dog policy but cats and birds were allowed.  The Elbiari’s adopted an emotional support dog named “Pooky.” After a few months, the condominium association enforced their no dog policy.  The Elbiari’s appealed the association’s decision and provided letters from their medical doctors which detailed their need for Pooky to provide emotional support.  The association suggested that they replace Pooky with a cat; Mrs. Elbiari was allergic to cats.

In February 2000, the Elbiraris, who filed a complaint with the Department of Fair Employment and Housing, received a favorable decision from the Commission, a decision that was challenged on appeal.  The appellate court decided in favor of the Elbiaris and ruled that they needed the dog as a reasonable accommodation.

If you believe that you need an emotional support animal to lead your life;

• Review your lease clauses carefully concerning pets. 
• Seek a letter written on your doctor’s letterhead describing your medical condition and the doctor’s prescription for an emotional support animal. 
• Ensure that your animal is licensed with the city in which you reside and that it has all the required vaccinations. 
• If the animal is not micro-chipped, visit your local animal shelter or veterinarian to secure a microchip and ensure that the chip is registered with foundanimals.com and with your local shelter.  
• Provide a copy of the medical prescription to your landlord or property management along with a letter from you asking for a reasonable housing accommodation to include your emotional support animal.  

If you have good documentation and a prescription that will stand up in court and are denied a reasonable accommodation for your ESA, a complaint may be made to the California Department of Fair Employment and Housing.  Know that if you make a complaint, things could get “sticky” between yourself and the property owner and increase your emotional stress.  But also know that the long arm of the law protects people who need emotional support animals from unfair discrimination.