Federal laws that are in force in every state across the nation safeguard your rights as the owner of an ESA Letter. If you reside in California, you are even more protected than residents of most other states since California has extra regulations that are quite tolerant of those who possess aid animals and emotional support animals.
A new Californian ESA law that may alter some procedures for ESA pets and their owners takes effect at the beginning of the new year as a result of recent events. Let’s examine the new legislation and all it includes.
California’s New ESA Law AB 468?
On September 16, 2021, California Governor Gavin Newsom approved a new law that would go into effect on January 1, 2022.
The regulation aims to address the problem of rising sales of ESA being misrepresented as service animals. Additionally, it aims to stop companies from selling specialized ESA Certification Online, vests, ID cards and harnesses to trick people into thinking the animal is a reasonable accommodation.
Service animals and ESA have never been the same. Since emotional support animals are not trained specifically for their owner’s condition, they have never enjoyed the same advantages and rights. Some people may find it convenient and alluring to present their ESA as a companion animal. Misrepresenting a service animal as a support animal is already a misdemeanor that carries a fine. But this new legislation aims to make the distinction further clearer and to penalize people who misrepresent an ESA as a service dog.
What is mandated under California’s new ESA law For ESA Letter?
Three significant adjustments are needed to comply with the California ESA rules. Two of them state that sellers of emotional support dogs and related items must now include sales notifications to make certain details clear to the customer. The standards for the certified mental health expert who draughts the formal ESA letter have also changed.
Requirements for Sales Notice under the New California Law
The first amendment to the legislation requires any company that offers dogs as ESA to additionally give a written declaration beside it. This statement must admit that the ESA is not a service animal and that it is against the law to intentionally and fraudulently claim the animal to be a service dog.
Additionally, any company selling specific ID cards, badges, vests, leashes, harnesses, or certifications for service animals must inform customers in writing and provide the same information.
The California ESA Law’s LMHP Requirements
Authors of ESA letters who are licensed mental Medical health practitioners are impacted by the final modification to the California ESA law’s criteria. To prove to a landlord or anybody else who must be aware that an animal is an ESA, an official ESA letter is necessary.
The 2022 California imposes new requirements which are the following:
- They must have a valid, current license. They must provide their license number, the license’s effective date, their area, and the kind of professional license in the ESA letter.
- In the jurisdiction where the paperwork is supplied, they must hold a license to practice consultants within the confines of that license.
- Before the ESA letter delivering, develop a report for the customer that lasts at least 30 days.
- To determine the client’s need for an emotional support dog, they must perform a clinical examination of the individual.
- Similar to the sales notifications described above, they must inform the person that an ESA does not classify as a service animal and that misleading the support dog as a service animal is illegal.
The new need to develop a client-provider connection 30 days before receiving an ESA letter is the modification here that has the greatest impact on emotional support for pet owners. Anyone attempting to obtain an ESA letter to validate their ESA may find it challenging as a result.
Of course, if the waiting time worries you, you may think about requesting an ESA letter before the law takes effect at the beginning of the new session. Examine your eligibility for an ESA letter.