Short answer
In California, an assistance animal is not a pet, so your no-pets rule and pet deposit do not apply to it. That stayed true after HUD narrowed its federal enforcement in 2025 and 2026: the Civil Rights Department said in July 2026 that state law still requires accommodating untrained emotional support animals. When the need is not obvious, you may ask for reliable documentation, but not for a diagnosis, a certificate or a registration.
The request that comes after the lease is signed
Your Rocklin home has a no-pets lease. Three months in, the tenant emails to say a doctor recommended an emotional support dog and asks whether that is a problem. Or an applicant mentions a service dog during the showing. Either way, you need an answer that is prompt, consistent and lawful.
The Civil Rights Department's reasonable accommodation FAQ says a request can come at any time, in any words, spoken or written, even after the lease is signed. The person does not have to say "reasonable accommodation." Failing to respond is itself treated as discrimination, so the first step is simply to reply and start the conversation.
Service animals and support animals are different
California regulations, as CRD describes them, recognize two kinds of assistance animals. A service animal is trained to perform specific tasks for a person with a disability, such as a guide dog or a signal dog. A support animal, often called an emotional support animal or ESA, provides emotional, cognitive or similar support and does not need to be trained or certified.
Service animals do not need an accommodation request at all. CRD says a housing provider may ask only two questions: whether the person has a disability, and what disability-related task the animal has been trained to perform. Civil Code 54.2 adds that a person with a guide, signal or service dog may not be charged an extra charge or security deposit for the dog, though the person is liable for damage the dog causes.
Support animals go through the accommodation process. If the person shows a disability-related need, you must allow the animal unless one of the narrow exceptions applies.
| Question | Service animal | Support animal (ESA) | Pet |
|---|---|---|---|
| Must it be trained? | Yes, to perform disability-related tasks | No training or certification needed | No |
| What can you ask? | Only whether there is a disability and what task it is trained for | Reliable proof of disability and need, if not obvious | Whatever your written pet policy asks |
| Pet deposit or pet rent? | No extra charge or deposit | No deposit, fee or pet rent | Allowed, inside the total deposit cap |
| Breed or size limits? | Do not apply | Do not apply, including insurer limits | You may set them |
| Who pays for damage? | The tenant | The tenant, beyond ordinary wear and tear | The tenant, beyond ordinary wear and tear |
Why HUD's federal change did not change California's rules
On the federal side, HUD withdrew its 2020 assistance animal notice (FHEO-2020-01) and its 2013 notice, effective September 17, 2025, according to a Federal Register notice published in April 2026. A HUD memo dated May 22, 2026 says its fair housing office will find cause in animal accommodation cases only where the animal is trained to provide disability-related assistance.
California law did not change. In Legal Alert CRD 2026-01, dated July 20, 2026, the Civil Rights Department said the Fair Employment and Housing Act and the Unruh Civil Rights Act still require housing providers to accommodate people with disabilities who have emotional support animals, whether or not the animal is trained. CRD says it will keep accepting and investigating these complaints. For a Rocklin owner, the state rule is the one to follow.
What documentation you can ask for
Documentation is optional for you and limited in scope. CRD's ESA FAQ and its accommodation FAQ set these boundaries:
- Ask only when the disability or the need for the animal is not obvious or already known to you.
- Ask only for enough to show a disability and the disability-related need for the animal. You may not ask for a diagnosis or medical history, or require a release to speak with a provider.
- Reliable proof can be the person's own credible statement, proof of disability benefits, or a note from a health care provider, therapist, social worker, peer support group member or relative.
- A vest, tag, ID card or certificate alone does not establish need, and registration is not required by any law.
- A letter from an online provider can be reliable if it rests on an individualized assessment by a licensed health care professional.
- If what you receive is not enough, you must let the person provide other reliable information rather than simply deny the request.
Fees, house rules and the narrow reasons to say no
CRD's ESA FAQ says you may not charge a pet deposit, pet rent or any other fee for an ESA, or require liability insurance for it, even if other tenants pay those charges. Breed, size and weight limits do not apply, including limits set by an insurer. The tenant is still responsible for damage beyond ordinary wear and tear, just as with any other damage.
You may set reasonable conditions, such as waste cleanup and rules against nuisance behavior like constant barking, as long as they are no stricter than for other animals on the property. A request may be denied only if it would be an undue financial and administrative burden, a fundamental change to your operation, or if the specific animal poses a direct threat or would cause substantial damage that cannot be reduced. That decision must rest on objective evidence about that animal, not its breed.
Documentation rules for practitioners exist too. Health and Safety Code 122318 sets requirements for California practitioners who write letters for emotional support dogs, but Health and Safety Code 122319 says those rules do not change anyone's housing accommodation rights. Do not reject a letter just because it does not meet them.
HOA homes and who answers the request
In a Rocklin HOA community, two housing providers may be involved: you and the association. CRD's FAQs name homeowners associations as bound by the same accommodation rules, and say HOA breed or size limits must give way for an assistance animal. Your tenant may need to make the request to both. Coordinate so the tenant is not caught between two answers.
SPMG's plans list screening of all animals on the pricing page, and its pet policy page sets out the pet terms it shows tenants. If you allow ordinary pets, the pets or no pets guide covers deposits, HOA rules and the 2027 written pet policy law. Whoever handles requests, keep a short written record of each one: the date, what was asked, what was provided and the answer.
Common questions
Can I require an ESA certificate or registration in California?
No. The Civil Rights Department says no law requires an animal to be registered or certified to serve as an emotional support animal, and that a certificate, ID card or vest alone does not show need. If the need is not obvious, you may ask for reliable documentation of the disability-related need instead.
Is an online emotional support animal letter valid?
It can be. CRD says documentation from an online service can be reliable if it is based on an individualized assessment by a licensed health care professional that shows the disability, the animal requested and how it relates to the disability. A bare certificate is not enough, but you must let the person provide other reliable information before denying.
Does HUD's 2026 memo mean I can refuse an untrained support dog?
Not in California. HUD changed how it enforces federal law, but the Civil Rights Department's July 2026 legal alert says state law still requires accommodating emotional support animals whether or not they are trained. CRD continues to accept complaints, so California owners should follow the state rules.
Can I charge a deposit or pet rent for a support animal?
No. CRD's guidance bars pet deposits, pet rent, other animal fees and liability insurance requirements for an emotional support animal. The tenant can still be charged for actual damage the animal causes beyond ordinary wear and tear, through the normal security deposit process at move-out.
Can my HOA refuse my tenant's support animal?
Generally no. CRD names homeowners associations among the housing providers that must grant reasonable accommodations, including exceptions to breed or size rules for an assistance animal. The same narrow exceptions apply, based on evidence about the specific animal. Help your tenant send the request to the association as well as to you.
Recent changes
- July 20, 2026: The California Civil Rights Department issued Legal Alert CRD 2026-01, stating that state law still requires reasonable accommodations for emotional support animals whether or not they are trained. (Legal Alert CRD 2026-01 (California Civil Rights Department))
- May 22, 2026: HUD issued enforcement guidance saying its fair housing office will find cause in animal accommodation cases only where the animal is trained to provide disability-related assistance. (HUD FHEO enforcement guidance on animal accommodation requests (hud.gov))
- September 17, 2025: HUD's withdrawal of its 2020 and 2013 assistance animal notices took effect, as announced in the Federal Register in April 2026. (Notification of withdrawal of FHEO guidance documents (Federal Register))
Sources
- Legal Alert CRD 2026-01, Emotional support animals (California Civil Rights Department)
- Emotional Support Animals and Fair Housing Law FAQ (California Civil Rights Department)
- Housing and Reasonable Accommodations FAQ (California Civil Rights Department)
- Notification of withdrawal of FHEO guidance documents (Federal Register)
- Civil Code 54.2, Guide, signal and service dogs (California Legislative Information)
- Health and Safety Code 122319 (California Legislative Information)
- SPMG Property Management: Pet Policy
Facts checked November 9, 2026 against the sources above. Reviewed by Mark Shvaya, Designated Broker, CA DRE #02243502. This guide is general information about California rules, not legal or tax advice for your situation.
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