
Originally Posted by
Gredival
I actually authored the first draft of the California FEHA housing regulations including reasonable accommodations (which is where ESAs fall under). The obligation stems from a court case, Auburn Woods, and regulations issued in accordance with that case.
Unless the text has been substantially changed from when I wrote it, the only documentation necessary is proof of a disability and verification from the healthcare provider that the specific animal is has a positive effect for that disability. You can't charge pet rent or a security deposit, but tenants are liable for any damages in excess of what would be normal wear and tear that stem directly from having an ESA. ESA status does not grant exceptions to other relevant health and safety codes (which, for instance, means you can't bring many large or exotic animals in as an ESA)
I understand that as a landlord your ideal situation is to have tenants without pets since they are less likely to create problems for you. But I mean Donald Sterling's ideal tenants were Koreans because he says they were less likely to create problems by complaining or not paying rent on time.
If someone has a legitimate mental condition (which given the status of modernity, is probably a strikingly large percentage of us) I think the ability to have an animal with therapeutic effects in your own home shouldn't be denied.
Service animals are required to be admitted everywhere because they are necessary for their handler to enjoy the full rights and privileges afforded to everyone else who isn't disabled. The same logic applies to ESAs. They are required to be permitted in housing, despite pet policies, because persons with mental disabilities have the right to be comfortable in their own home and their ESA is necessary to enjoy that right. There is definitely abuse of ESA status to skirt no pets policies, but there's also abuse of regular service animals too -- there's no regulation on certifications and training for actual service animals so people just buy vests and fake licenses to take their pets everywhere.
There's a unique distinction between having an ESA in your own dwelling and everywhere you go through. That right in the home is distinct from entitlement to be as comfortable as possible everywhere you go regardless of the burdens imposed on everyone else by accommodating you.
While ESAs don't have to be trained to provide therapeutic effect, if you are expecting to bring them out in public then it's not unimaginable that there should be regulations that require them to be properly trained or restrained.
These are restrictions from the ADA to protect the persons who have disabilities and service animals, not emotional support animals. IIRC, the ADA only protects trained dogs and miniature horses as service animals. So right away you can immediately strike exotic animals from eligibility. The ADA requires that the animals be trained specifically so they don't cause the issues that ESAs traditionally cause from lack of training, so a poorly trained animal is removable regardless of whether it's a service animal vs. just an ESA.