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California · ESA Letter

California ESA Housing Accommodation Request

California residents with an emotional support animal benefit from both federal Fair Housing Act (FHA) protections and California's Fair Employment and Housing Act (FEHA, Cal. Gov. Code § 12955), which extends housing discrimination protections to all housing regardless of size. A written ESA accommodation request letter citing both federal and California law is the first step to securing housing rights for you and your emotional support animal.

California's FEHA extends ESA housing protections to all housing providers with 1+ unit, more expansive than federal FHA, which covers 4+ units.

Governing law

42 U.S.C. § 3604 (FHA) + Cal. Gov. Code § 12955 (FEHA) + Cal. Civ. Code § 54.1

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Cites 42 U.S.C. § 3604 (FHA) + Cal. Gov. Code § 12955 (FEHA) + Cal. Civ. Code § 54.1. Formatted for USPS Certified Mail. Instant PDF.

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California ESA Letter FAQs

What does an ESA letter need to include under California law?

A valid ESA letter must come from a licensed mental health professional, include their license number and state, state the person has a disability affecting a major life activity, explain the connection between the disability and the need for the ESA, and specify the ESA is recommended as part of treatment. California's Department of Consumer Affairs has also issued guidance warning against fraudulent ESA letter services.

Can my California landlord deny my ESA?

Only in limited circumstances: if the specific animal poses a direct threat to health/safety that cannot be mitigated, causes substantial physical damage to property that cannot be mitigated, or if the housing is owner-occupied with 4 or fewer units (FHA exemption, though FEHA may still apply). Blanket no-pets policies must yield to valid ESA requests.

Can a California landlord charge pet fees for my ESA?

No. An ESA is not a pet under the FHA or FEHA, landlords cannot require pet deposits, monthly pet fees, or additional security deposits for an ESA. Charging such fees is disability discrimination. However, you remain liable for any actual damage the ESA causes.

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