California passes law to combat service animal fraud

On September 16, 2001, California Governor Gavin Newsom signed into law Assembly Bill (AB) 468, which will impose various requirements designed to curb emotional support animal fraud. The law takes effect January 1, 2022.

Emotional support vs. service

It is important to note at the outset that emotional support animals are not service animals. Under the Americans with Disabilities Act (ADA), a service animal is a dog that has been individually trained to perform tasks for a person with a disability. Emotional support animals are not service animals under the ADA, although that line can sometimes get blurred if the dog is trained to perform tasks related to the person’s mental or psychological disabilities. As the committee analyses of the legislation explained:

An [emotional support animal] is a dog (or other animal) that is not trained to perform specific acts related to a person’s disability. Instead, the owner of an [emotional support animal] derives a sense of wellbeing, fulfillment, companionship, or lessened anxiety with the presence of the animal. Of note, [emotional support animals] do not enjoy the same legal privileges as trained service dogs: for example, while federal and state law require that service dogs be allowed to accompany their human partner in public places, [emotional support animals] on the other hand do not have to be accommodated.

The committee analyses further states: