SACRAMENTO, Calif. — The California Civil Rights Department (CRD) is assuring residents that disability protections under California housing law remain fully enforceable despite a new federal policy that narrows enforcement of discrimination complaints involving emotional support animals. State officials say the federal shift represents a rollback in civil rights enforcement but does not alter the legal protections available to Californians.
While the federal government announced it will no longer pursue certain discrimination complaints involving emotional support animals, California housing and employment protections remain unchanged. CRD urged Californians to understand that state law continues to require reasonable accommodations for people with disabilities, including those whose disabilities require the use of an emotional support animal.
CRD explains that service animals and emotional support animals are treated differently under federal law. Service animals are individually trained to perform specific tasks for a person with a disability, while emotional support animals provide therapeutic benefits through their presence and generally do not require specialized training. Emotional support animals often assist individuals living with disabilities, including post-traumatic stress disorder and autism.
The U.S. Department of Housing and Urban Development (HUD) recently issued guidance directing federal agencies to automatically pursue civil rights violations involving service animals but not emotional support animals.
According to the Disability Rights Education and Defense Fund, the HUD memorandum shifts federal enforcement away from the Fair Housing Act and instead applies the narrower definition contained in the Americans with Disabilities Act, which recognizes only service animals.
The Fair Housing Act of 1968 continues to protect people who require emotional support animals as a reasonable accommodation for a disability. Congress has not repealed those protections, nor has any court invalidated them. Instead, disability advocates argue the memorandum directs federal agencies to stop enforcing that portion of the Fair Housing Act in favor of the more limited ADA standard.
The Disability Rights Education and Defense Fund explained the practical consequences of the policy change, stating, “any [emotional support animal] complaint that was already open and under investigation at HUD must now be […] [individually reviewed] under the new standard. In practice, cases that were moving toward a finding of discrimination on behalf of tenants with untrained ESAs will almost certainly be closed without a finding of violation.”
According to CRD’s frequently asked questions, the Fair Housing Act requires housing providers to make reasonable accommodations for people with disabilities who rely on emotional support animals. Refusing those accommodations may constitute disability discrimination under both federal and California law.
CRD also emphasized that California has the authority to provide broader civil rights protections than the federal government and that those protections remain in effect regardless of changes in federal enforcement priorities.
CRD Director Kevin Kish criticized the federal policy shift, stating, “while the federal government rolls back civil rights protections, California is staying the course. Housing policies that discriminate against people because of their disability-related need for an emotional support animal do not comply with state law.”
The Leadership Conference on Civil and Human Rights argued the HUD memorandum reflects a broader pattern of weakening federal civil rights enforcement. The organization contends the administration has undermined enforcement by “install[ing] the president’s personal attorneys and other anti-civil rights extremists into positions responsible for enforcing landmark civil rights laws.”
The Leadership Conference also cited what it characterizes as a broader campaign by federal agencies, including HUD, to narrow civil rights protections. It pointed to a Jan. 7, 2020, housing proposal that, according to the organization, “would leave people of color, women, and other protected communities already harmed by unfair and unequal housing policies at a further disadvantage.”
CRD concluded its notice by encouraging Californians to educate themselves about their rights and contact the department if they believe they have experienced housing discrimination because of a disability-related need for an emotional support animal.
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