Service Animals in the Bay Area: Everything Landlords Need to Know
If you own a rental property in the Bay Area, you’ve probably come across a service animal request or know another landlord who has. These situations can seem a bit murky at first, especially when you’re trying to follow the law, protect your property, and respect your tenants all at the same time.
Service animal laws aren't difficult to understand, but they are specific. In the Bay Area, where tenant protections are strong and mental and physical health accommodations are widely supported, it’s important to know what’s expected of you. This guide will go over what counts as a service animal, how emotional support animals are handled, what kind of documentation you’re allowed to ask for, and what to do if a tenant brings up an accommodation mid-lease.
What Counts as a Service Animal in the Bay Area?
The difference between a service animal and a pet isn’t always clear, and for landlords, that confusion can lead to misunderstandings or legal missteps. This is especially true when tenants request disability-related accommodations. Therefore, knowing how to distinguish between service animals, emotional support animals, and pets in the Bay Area is essential for staying compliant with service animal law and treating your tenants fairly.
Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or in rare cases, a miniature horse) that is individually trained to do specific tasks for someone with a disability. Service animals in the Bay Area might guide someone who is visually impaired, alert a person to an oncoming seizure, assist with mobility, or respond to symptoms of a psychiatric disorder like PTSD, anxiety, or OCD. Not only are they covered under the ADA, but they also have protections under the Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA).
While the term “service animal” is often used interchangeably with “emotional support animal,” they’re treated very differently legally. Emotional support animals (ESAs) provide comfort to their owners just by being present and don’t perform a trained task. As a result, they are not covered by the ADA, although they are protected under the Fair Housing Act when it comes to housing accommodations. ESA registrations have grown by 50% over the past five years, with California and Florida seeing the highest numbers. This makes it likely you’ll encounter one as a landlord and need to understand how to respond appropriately.
Pets, on the other hand, are companions kept merely for enjoyment purposes. Unlike service animals or ESAs, pets have no legal protections and can be restricted, denied, or charged extra fees under the terms of a lease.
Questions Landlords are Allowed to Ask
If a tenant requests to keep a service animal or ESA in their unit, you are only allowed to ask two specific questions according to service animal law. You may ask:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
You are not permitted to ask for details about the tenant’s diagnosis, medical records, or proof of certification. Documents should be filed with you or your property manager to maintain records of the request. If possible, make this process easy on tenants by creating a specific form for service animal requests or designating a point of contact within your team. Open communication can help prevent misunderstandings and ensure that both parties are aware of their rights and responsibilities.
Service animals in the Bay Area are not required to be registered, although some owners may voluntarily do so. This means you can’t require proof of certification or training.
When it comes to emotional support animals, you are allowed to request documentation from a licensed healthcare provider confirming that the tenant has a disability and that the animal offers support related to that condition. In the Bay Area, that documentation must meet the requirements outlined in AB 468, which include:
- A valid license and clear identification of the provider
- An established provider-patient relationship for at least 30 days
- A clinical evaluation of the tenant’s need for the animal
Service animal law also prohibits fake certifications or the sale of vests and tags that falsely suggest an ESA has the same rights as a trained service dog. If a letter doesn’t meet these requirements or comes from a questionable source, you’re well within your rights to request clarification or deny the request. Just be sure to follow Fair Housing Act guidelines and stay consistent and fair.
Can a Landlord Deny a Service Animal?
In most situations, you cannot deny a tenant’s request for a service animal, even if your lease has a strict no-pets policy. Under the ADA and Fair Housing Act, service animals in the Bay Area aren’t classified as pets, but considered a necessary accommodation for someone with a disability.
That said, there are a few narrow exceptions in the service animal law. You may have legal grounds to deny the request if:
- The animal poses a direct threat to the health or safety of others that can’t be reduced through reasonable steps
- The animal has a history of causing significant property damage
- The request would cause an undue financial or administrative burden
- The animal would fundamentally alter the nature of the housing or services provided
These exceptions are rare and must be based on objective evidence, not assumptions you have about service animals or negative experiences you’ve had with pets in the past. Having a fear of dogs or being concerned about allergies isn’t enough of a reason to deny service animals in the Bay Area.
If you’re unsure whether an exception applies, it’s best to speak with a fair housing expert or a lawyer who specializes in service animal law before moving forward with a denial. This can help you avoid potential discrimination claims.
When Can a Service Animal Be Added to a Lease?
In a perfect world, service animals in the Bay Area would be disclosed and added to the lease before move-in, but that isn’t always the way it goes. Sometimes, a tenant’s health situation changes, or they don’t realize they can bring their service animal until later. In either case, service animal law covers them, even if the lease has already been signed.
Once the tenant notifies you of the animal and their request is approved, it’s a smart idea to document its presence in the property with a lease addendum that states:
- The animal’s role as a service animal (not a pet)
- Tenant responsibility for any damage that occurs
- Reasonable behavioral expectations (like cleaning up waste and using a leash on walks)
As a landlord, you cannot charge pet rent, pet deposits, or place breed restrictions on a service animal, but you can hold the tenant responsible for any damage caused, just as you would for any other tenant.
Understanding California’s Unruh Civil Rights Act
In addition to the ADA and Fair Housing Act, California has its own set of protections that apply to service animals in the Bay Area, including the Unruh Civil Rights Act. This state law requires landlords to allow service animals in common areas like hallways, courtyards, or laundry rooms. Even if there are spaces on your property where animals would normally be restricted from, this law requires you to make an exception for service animals in the Bay Area.
Final Thoughts: Navigating Service Animal Law in the Bay Area
As a landlord in the Bay Area, you’re managing properties in an area with some of the strongest tenant protections in the country. That includes understanding how the service animal law works, what your responsibilities are, and when you’re allowed to ask questions or draw the line.
One of the biggest takeaways is that service animals aren’t pets and can’t be treated as such. Most tenants aren’t trying to take advantage of the system, but simply looking for housing that meets their needs. By staying informed and open to conversation, you’ll feel more prepared to support your tenants while still protecting your property and business.
If you’d prefer not to figure out all the legal intricacies yourself, consider working with a local property management company like Evernest. We’ve guided plenty of landlords through service animal law and can take the stress off your plate. Reach out to our Bay Area team to get started today!
