Q: Duplex rental in California. Owner occupies 1 unit. Tenant on the other unit. Tenant want to have a ESA. Can I refuse?
Tenant already has a pit bull type dog. A few days after I told tenant there will be another pet deposit for the new puppy she delivered the un-dated EAS letter to my mail box.
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A:
In California, as a landlord of a duplex where you occupy one unit, you generally cannot refuse a tenant's request for an emotional support animal (ESA) if they provide a valid letter from a licensed professional. Even if your rental policy restricts pets or requires a pet deposit, ESAs are not considered regular pets under the law. This means you cannot impose additional fees, such as a pet deposit, for the ESA.
However, you are allowed to verify the legitimacy of the ESA letter if it seems questionable. Make sure the letter is from a licensed professional and specifies the need for the emotional support animal. If the letter is legitimate, you must accommodate the ESA unless it poses a direct threat to the safety of others or causes substantial property damage.
You can set reasonable rules to ensure the animal does not disturb other tenants or cause damage. If the pit bull or any other ESA becomes a problem, you may have grounds to address it under the rules of nuisance or damage. Always ensure your actions are compliant with both California and federal Fair Housing laws to avoid discrimination claims.
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