ESA Pass

ESA laws by state

Emotional support animals in California

California requires that an ESA letter come from a licensed professional who has had a relationship with you for at least 30 days and has completed a clinical evaluation. A registration card is not documentation in California, or anywhere.

All states

What the law says here

Emotional support animals are protected in housing under the federal Fair Housing Act. They are not service animals and do not have public-access rights, and U.S. airlines are no longer required to accept them in the cabin.
California law (Health & Safety Code §122318) requires that a licensed mental health professional establish a client-provider relationship with you for at least 30 days before providing emotional support animal documentation.
California law requires us to tell you that an emotional support animal is not a service animal, that misrepresenting an animal as a service animal is a misdemeanor, and that an emotional support animal is not entitled to the public-access rights and privileges of a service animal.

What California changed in 2022

Since January 1, 2022, California law (AB 468) sets rules for anyone who provides documentation that a dog is an emotional support dog. They must hold an active license in the state where the documentation is provided, print their license details on it, have a client relationship with you of at least 30 days, and complete a clinical evaluation of your need for the animal.

The same law covers businesses like ours. Anyone selling a certificate, ID card, tag or vest for an emotional support dog must tell the buyer in writing that the item doesn't make the dog a service dog or give it a service dog's rights. That's the notice you see at checkout.

Service dog claims in California

Knowingly and fraudulently representing yourself as the owner or trainer of a guide, signal or service dog is a misdemeanor in California under Penal Code § 365.7. An emotional support dog is not a service dog, so it shouldn't wear a service dog vest or be presented as one.

Where a registration card fits

Our card and certificate are convenience items for everyday situations: a doorman, a walker, a neighbor. They carry a registration number anyone can check on our verification page. They do not establish a disability or a need for an accommodation, and a California housing provider is not required to accept them in place of a letter. If you need housing protection, get a letter from a licensed professional.

What a California housing provider may ask

If your disability isn't obvious, they may ask for reliable documentation from a licensed professional that you have a disability and a disability-related need for the animal. They may not ask for your diagnosis or medical records, and may not charge pet rent or a pet deposit for an approved assistance animal.

Sources

  • 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204
  • Cal. Health & Safety Code §§ 122317-122319 (AB 468, 2021)
  • Cal. Penal Code § 365.7

General information, not legal advice. Laws change; we update this page when they do.