Emotional Support Animal Lease Addendum California A California Landlord s Guide to Emotional Support Animals Landlord Tenant Law by Brewer Firm Team Both Federal and California laws allow those suffering from a mental or physical disability to keep support animals Support animals are different from service animals in that they are not trained to work or perform specific tasks
The Pet Addendum Form CA 080 is one of CAA s most popular forms It allows the landlord to grant permission for a tenant to have a pet when pets are prohibited by the rental agreement The addendum requires the specific pet to be identified An assistance animal is described as follows Assistance animals are animals that work provide assistance or perform tasks for the benefit of a person with a disability or animals that provide emotional support that alleviates one or more identified symptoms or effects of a person s disability
Emotional Support Animal Lease Addendum California
Emotional Support Animal Lease Addendum California
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What is California s Emotional Support Animal Law AB 468 Updated for 2023 California law AB 468 adopted in 2022 requires state residents to have a 30 day relationship with a licensed mental health professional LMHP before they can be provided with an ESA letter Pettable can help you navigate this challenge and make getting an ESA simple 1 Is an ESA a pet No An ESA is an animal that provides emotional cognitive or other similar support to a person with a disability to assist them in managing the symptoms of their disability ESAs are also referred to as comfort animals or support animals 2 2 Is an ESA a service animal No An ESA is diferent from a service animal
Governor Gavin Newsome signed Assembly Bill 462 which attempts to address the rampant falsification of emotional support animals ESAs as service animals thereby allowing tenants a reasonable accommodation and allowing him or her to keep the animal despite language in the rental agreement to the contrary Updated July 28 2022 Written by Jana Freer Reviewed by Susan Chai Esq The Fair Housing Act FHA is a federal law that prohibits discrimination against tenants based on a protected class It permits tenants to have pets that serve as assistance or emotional support animals among other protections
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Support animals including comfort animals and emotional support animals are animals that people keep for emotional cognitive or similar support In California people with disabilities who have a support animal can request a reasonable accommodation related to their need to have the animal in their rental Cal Code Regs tit 2 The Tenant acknowledges that if the Animal violates the rules in this Addendum or the Lease the Landlord has the right to evict the Tenant and the Animal from the Property as well as exercise all other remedies available by law The Landlord will not charge any pet fees pet rent or security deposit for the Animal
A support animal may be also known as an emotional support animal ESA therapy or comfort animal Support animals are subject to reasonable accommodation requests What is a reasonable accommodation request A person with a disability may seek a reasonable accommodation in rules or policies Governor Gavin Newsom approved California s new AB 468 ESA law which is now in full effect since 2022 The bill was drafted in response to an increase in the fraudulent selling and subsequent misrepresentation of emotional support dogs as service dogs
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Emotional Support Animal Lease Addendum California - Governor Gavin Newsome signed Assembly Bill 462 which attempts to address the rampant falsification of emotional support animals ESAs as service animals thereby allowing tenants a reasonable accommodation and allowing him or her to keep the animal despite language in the rental agreement to the contrary