In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your rights when it comes to EMOTIONAL SUPPORT ANIMALS—and how they differ from SERVICE ANIMALS under the law. Stay tuned for the next 1-Min Atty Tip, where I’ll cover SERVICE ANIMALS.
But for now, here's what you need to know about emotional support animals:
Under California and federal fair housing laws, an HOA must make reasonable accommodations for residents with a disability-related need for an emotional support animal—even if the HOA has a no-pets policy or rules about weight, breed, or number of animals.
🔹 What your HOA CAN do:
✅ Ask for a brief letter from a licensed medical provider stating that you have a disability-related need for the emotional support animal.
✅ Ask for confirmation that the emotional support animal might alleviate your symptoms.
👉 EXAMPLE: “I am treating this individual for a recognized disability and believe they would benefit from an emotional support animal to alleviate their symptoms.”
🔻 What your HOA CANNOT do:
❌ Demand to know your diagnosis or treatment details.
❌ Require you to register your animal with a third party.
❌ Charge you extra pet deposits or “processing” fees.
❌ Deny your request based on breed or size (even if otherwise prohibited under the Rules).
If your HOA is ignoring your request, demanding excessive documentation, or delaying approval without reason, they’re breaking the law—and you may be entitled to attorneys’ fees under fair housing statutes and/or the Davis-Stirling Act.
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🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
Disclaimer:
This content constitutes attorney advertising.
The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.
This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
About:
Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#EmotionalSupportAnimals #FairHousingRights #CaliforniaHOALaw #DavisStirlingAct #michaelkushner #lukecarlson #lscarlsonlaw #badhoa #mbkchapman
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