Service Animals Vs Emotional Support Animals California
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California law requires most public places to admit service dogs and psychiatric service dogs but not emotional support animals.
Service animals vs emotional support animals california. Service dog an emotional support animal can be a. In California landlords may deny a service animal emotional support animal or psychiatric support animal if the animal a poses a direct threat to the health or safety of others or b would cause substantial physical damage to the property of others. The ADA makes a distinction between psychiatric service animals and emotional support animals.
The ADA defines a service animal as any dog or in some cases a miniature horse that is individually trained to work specifically for a person with a physical sensory psychiatric or other disability. Under California and federal law emotional support animals must be allowed in housing as a reasonable accommodation for a tenants disability. A service animal is a dog or miniature horse that is trained to perform disability-related work or tasks.
In California service animals are covered by the Americans with Disabilities Act ADA and allowed to accompany their owners inside businesses that do not normally allow pets. These animal companions are not limited to dogs and they are not trained to perform specific acts directly relating to the humans disability. In 2016 the FEHA regulations were amended to add support animal to the definition of assistive animal A support animal is defined as one that provides emotional cognitive or other similar support to a person with a disability including but not limited to traumatic brain injuries or mental disabilities such as major depression.
The second part must be looked at very carefully. An emotional support animal is any animal that eases the effects of a persons disability by providing comfort or support. Emotional Support Animal Housing Laws.
Emotional support animals however are something else entirely. California law allows persons with disabilities to bring trained service dogs and psychiatric service dogs but not emotional support animals to. Like service animals emotional support animals are protected by California law and federal law in housing employment and travel.
An assistance animal can be either a service animal or an emotional support animal. The obligation to make reasonable accommodations includes a requirement that housing providers make exceptions to a no-pets policy to permit persons with disabilities to use and live with their emotional support animal. The work or task a dog has been trained to provide must be directly related to the persons disability.
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