Cal. Civ. Code § 70-33-110
Emotional Support Animals -- Documentation
Operative Text
(1) A tenant with a disability or a disability-related need for an emotional support animal may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing. (2) Unless otherwise prohibited by federal law, rule, or regulation, a landlord may: (a) deny a reasonable accommodation request for an emotional support animal if the animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property that cannot be reduced or eliminated by another reasonable accommodation; (b) if a tenant's disability-related need for an emotional support animal is not readily apparent, request supporting information that reasonably supports the tenant's need for the particular emotional support animal being requested. Supporting information must include: (i) information from a health care practitioner who has personal knowledge of the tenant's disability and is acting within the scope of the practitioner's practice that identifies the particular assistance or therapeutic emotional support provided by the specific animal. Information submitted under this subsection (2)(b)(i) must include the effective date, license number, and type of professional license held by the health care practitioner; or (ii) information from any other source that the landlord determines to be reliable in accordance with the federal Fair Housing Act and Title 49, chapter 2; and (c) require proof of compliance with state and local licensure and vaccination requirements for each emotional support animal. (3) If a tenant requests to keep more than one emotional support animal, information for each emotional support animal must be provided pursuant to subsection (2). (4) A landlord: (a) may not request information under this section that discloses a diagnosis or severity of a tenant's disability or any medical records relating to the disability, but a tenant may voluntarily disclose such information or medical records to the landlord at the tenant's discretion; and (b) shall issue a written determination after receiving supplemental information required in subsection (2) and notice the determination pursuant to 70-33-106 . (5) An emotional support animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not, by itself, sufficient information to reliably establish that a tenant has a disability-related need for an emotional support animal. (6) A tenant with a disability-related need for an emotional support animal is liable for any damage done to the premises or to another person on the premises by the tenant's emotional support animal. (7) A health care practitioner may be subject to disciplinary action from the health care practitioner's licensing board for a violation of this section. (8) This section does not apply to a service animal as defined in 49-4-203 . (9) Nothing in this section may be construed to restrict existing federal law and state law related to a person's right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act, the federal Americans with Disabilities Act, or Title 49, chapter 2. (10) The required submission of documentation by a renter to a landlord verifying the need for an emotional support animal may not be construed to mandate or compel the landlord or a business to permit the entry or presence of the emotional support animal if the landlord or business complies with applicable federal, state, and local laws. (11) As used in this section, the following definitions apply: (a) "Emotional support animal" means an animal that a health care practitioner has determined provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified. The term does not include service animals as defined in 49-4-203 . (b) "Health care practitioner" means a mental health professional as defined in 53-21-102 who is licensed to practice in this state and who: (i) has established a client-provider relationship with a tenant at least 30 days prior to providing supporting information requested from a landlord regarding the tenant's need for an emotional support animal; (ii) completes a clinical evaluation of a tenant regarding the need for an emotional support animal; and (iii) is acting within the scope of practice of the person's license or certificate.
Mont. Code Ann. § 70-33-110 establishes a framework in Montana under which tenants with disabilities or disability-related needs may request to keep an emotional support animal (ESA) as a reasonable housing accommodation. Landlords are permitted to ask for supporting documentation from a licensed health care practitioner when the need is not readily apparent, but they may not request a tenant's diagnosis, severity of disability, or medical records. Online registrations, ID cards, patches, or certificates alone are not considered sufficient documentation under this provision, and tenants remain financially responsible for any damage their ESA causes to the property or to others.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-110, compliant operators generally evaluate ESA accommodation requests on a case-by-case basis, accepting supporting information from a licensed health care practitioner who has had an established client-provider relationship with the tenant for at least 30 days and who has completed a clinical evaluation. Operators may also verify that each ESA meets state and local licensure and vaccination requirements, and may deny a request only when the animal poses a direct, unreducible threat to health, safety, or property. After receiving the required supplemental information, landlords must issue a written determination and provide notice in accordance with § 70-33-106, and should take care never to request a tenant's diagnosis, medical records, or disability severity.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-110 gives tenants with disabilities the right to request an ESA as a reasonable accommodation, and landlords may only ask for supporting documentation—from a qualifying health care practitioner—when the disability-related need is not readily apparent. Tenants should be aware that online ESA registrations, certificates, or ID cards are explicitly insufficient on their own under this provision, and that a landlord must issue a written determination after reviewing any required documentation. Tenants who believe their rights under this section have been violated may consider contacting a local tenant-rights organization, filing a complaint under the Montana Human Rights Act (Title 49, chapter 2), or reaching out to the U.S. Department of Housing and Urban Development for guidance on federal Fair Housing Act protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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