When a tenant submits an Emotional Support Animal accommodation request, it is important for housing providers to follow a consistent review process that includes responding promptly and in accordance with fair housing laws. Proper documentation and equal treatment of all applicants and tenants can help reduce liability as well as demonstrate compliance with fair housing laws.
Step 1 – Document the Request
Once an ESA request is received:
- Record the date and method of accommodation request
- Retain copies of all documents submitted
- Send a written acknowledgement confirming receipt of the request and the date the request was received
- Maintain a complete file from the outset
Step 2 – Review the Documentation
Review the documentation for compliance with California AB 468.
Housing providers may verify:
- The healthcare provider’s license number
- License type and issuing jurisdiction (the provider must hold a valid, active California license, but is not required to be physically located in California)
- That a client-provider relationship has existed for at least 30 days
- That a clinical evaluation was conducted before the ESA recommendation was issued
Verify the provider’s license status through the California Department of Consumer Affairs website: search.dca.ca.gov. Retain a dated screenshot of the verification. If any required information is missing, document the deficiency in writing.
Do not request:
- The tenant’s diagnosis or medical records
- Details regarding the nature or severity of the disability
- Animal certifications, registrations, or training records
Emotional Support Animals are not required to be trained or certified. However, ESAs must still abide by all community rules and regulations. The AOA Animal Agreement (Form 121) is recommended to have the tenant sign in order to establish general conduct provisions.
Step 3 – Engage in the Interactive Process
Housing providers should demonstrate good-faith efforts when evaluating accommodation requests.
If documentation is incomplete:
- Notify the resident in writing
- Clearly identify the additional information needed
- Document when the request for information was sent and any response received
- Respond within a reasonable timeframe
Maintain records of all communications throughout the process.
Step 4 – Make Your Decision
After reviewing the request and supporting documentation:
- Document the decision in writing
- Identify the specific legal basis for approval or denial
- If approved, prepare an accommodation addendum
- If denied, clearly state the reason
Example: “Accommodation request denied because License #XXXXX was inactive as verified on MM/DD/YYYY.”
Step 5 – Notifying the Tenant
Provide the decision in writing:
- If approved, include any applicable accommodation paperwork
- If denied, provide the specific reason for denial
- Retain copies of all correspondence and delivery records
Step 6 – Maintain Complete Records
The file should include:
- Original accommodation request
- Supporting documentation (including photograph of the animal, per Form 121, Item 3)
- License verification records
- All correspondence
- Decision memorandum
- Accommodation addendum (if approved)
- Any subsequent incident reports or property damage documentation
Important Considerations for Housing Providers
California ESA Protections Remain in Effect
On May 22, 2026, HUD issued an internal memo permanently cancelling its prior ESA guidance, effectively removing federal housing protections for untrained ESAs. California’s FEHA completely overrides this federal rollback, and housing providers are still legally required to accommodate untrained ESAs in housing and fulfill their obligations under state law.
Fees and Deposits
If the tenant has a valid ESA, you cannot require them to pay pet deposits, additional security deposits, monthly pet rent, liability insurance, or any upfront fee related to the ESA. These are all illegal under FEHA.
Insurance Considerations
For risk-management purposes, housing providers may wish to:
- Notify their insurance carrier that an ESA resides at the property
- Review policy provisions related to animal liability
- Obtain written confirmation of any insurance concerns
If your insurance carrier confirms that a particular animal would result in policy cancellation or loss of coverage, such information may be relevant when evaluating whether an accommodation would impose an undue burden.
Insurance-related inquiries should be applied consistently and neutrally. Housing providers should not impose stricter insurance-related requirements on residents with approved ESAs than they impose on residents with ordinary pets.
Editor’s Note: ESA accommodation requests are among the most common fair housing questions received by AOA Advisors. Members frequently call our office seeking guidance on documentation requirements, what information may be legally verified, and how to properly evaluate a request while complying with California law. While every situation is unique, the above guide outlines the general steps and considerations advisors commonly discuss with housing providers.