Did you know? You can’t charge pet rent or deposits for ESAs and service animals, but you can recover costs for actual damage
Housing providers are seeing a surge in tenant requests related to animals whether pets, Emotional Support Animals (ESAs), or service animals. At a recent education session hosted by the Apartment Association, California Southern Cities (AACSC), Casper Yen, Partner Attorney at The Lew Firm, broke down the key legal distinctions and compliance strategies that every landlord should know.
Understanding the Three Categories of Animals
Before diving into legal obligations, it’s essential to understand the differences:
- Pets 🐾: Kept for companionship. Subject to standard pet policies, deposits, and fees.
- Emotional Support Animals (ESAs) ❤️: Protected under fair housing laws. Landlords must allow them—even under a “no pets” policy—unless the animal poses a direct threat or causes significant property damage.
- Service Animals 🎽: Recognized under the Americans with Disabilities Act (ADA). Specifically trained to perform tasks for individuals with disabilities.
Legal Do’s and Don’ts for Housing Providers
Housing providers must tread carefully when handling ESA and service animal requests.
- No fees: Landlords cannot charge pet rent, deposits, or fees for ESAs or service animals.
- No breed restrictions: Restrictions can only apply if a breed is outright illegal in California.
- Insurance exceptions: Denials may be considered if allowing the animal jeopardizes coverage, creating an undue burden.
When it comes to service animals, landlords may only ask two questions:
- Is the animal required because of a disability?
- What task has it been trained to perform?
Documentation & Verification Rules
For ESAs, landlords are entitled to request documentation but only under specific conditions:
- Valid documentation: Must come from a licensed mental health professional with an established relationship (30+ days) with the tenant.
- Not instant certificates: Online “quick” certifications are invalid.
- Respectful process: Requests should be verified promptly and professionally.
When Denial May Be Allowed
While denials are limited, they are possible when an animal:
- Poses a direct threat to health or safety
- Risks substantial property damage
- Creates an undue financial or administrative burden (such as loss of insurance coverage)
Best Practices for Compliance
To reduce risk and ensure fairness, Casper Yen recommends housing providers adopt proactive policies:
- Add a dedicated ESA/service animal section to rental applications
- Create a written process for requests: acknowledge → verify → evaluate → respond
- Maintain detailed records of all communications and decisions
- Address complaints and damages individually rather than with blanket rules
Quick Action Items for Landlords (Sidebar)
✅ Update rental application with ESA/service animal section
✅ Review insurance policy for breed exclusions
✅ Establish a written response process
✅ Document all communications and decisions
About the Expert
Casper Yen, Esq.
Partner Attorney, The Lew Firm
If you have questions or need guidance on handling tenant animal requests, please contact AACSC. Our team is ready to provide the support and resources you need.