Can I Reject an Applicant with an ESA if I Have a No-Pets Policy?

One of our members recently called with a common question: Can you reject an applicant with an Emotional Support Animal (ESA) if you have a no-pets policy?

The answer is no.

Under California law and the federal Fair Housing Act (FHA), Emotional Support Animals (ESAs) are not considered pets. They provide essential assistance for individuals with disabilities, and rental housing providers cannot deny housing to a tenant who requires an ESA, even if your property has a no-pets policy. Under the law, this is called a Reasonable Accommodation. 

What If a Tenant’s Disability Is Not Readily Apparent?
If a tenant’s disability isn’t obvious, you may (but are not required to) ask for documentation. This documentation can come from any reliable third party who is in a position to know about the individual’s disability or the need for the ESA. It could be a healthcare provider, therapist, social worker, or even a member of a peer support group, relative, or other credible source. Documentation of receipt of disability benefits or a credible statement from the individual are also acceptable.

No Pet Fees or Deposits
Even though you can't charge pet rent or a pet deposit for an ESA, tenants are responsible for covering the cost of any damages caused by the animal. Importantly, ESAs should not create nuisances or cause significant property damage. Housing providers must address each request for an ESA on a case-by-case basis.

For more detailed guidance to ensure compliance with California’s Assistance Animal laws, click here.

Visit the Rental Housing Forms library for our Assistance Animal Addendum.