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California Code of Regulations § 12008 et seq. 3 (January 28, 2020), available at (hereinafter referred to as “FHEO-2020-01 Notice”). FHEO Notice: FHEO-2020-01, Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act p. Before denying a reasonable accommodation request based on the housing provider’s assessment of the individual’s disability-related need, the housing provider should engage in the “interactive process,” or good-faith dialogue with a tenant or prospective tenant regarding their disability-related need for the accommodation. New regulations under California’s fair housing law provide that an individual with a disability can confirm their disability-related need for the accommodation in a variety of ways, including by demonstrating receipt of disability-related benefits, providing a credible statement, or through a reliable third party- including medical professionals, health care providers, peer support groups, non-medical service agency or person, or other reliable third party who is in a position to know about the individual’s disability-related need for the accommodation. However, housing providers are not entitled to know an individual’s diagnosis. With respect to determining whether to grant accommodation requests for ESAs for individuals with invisible disabilities, housing providers may request information regarding an individual’s disability and disability-related need for the animal. However, because they are not pets, housing providers may not charge pet deposits for assistance animals, including ESAs. Housing providers can create and enforce rules governing tenants' pets at a rental property, including prohibiting pets, if they wish. If an animal does not fall into any of these two categories, the animal is a pet for purposes of fair housing laws. There are two types of assistance animals: (1) service animals, defined under the Americans with Disabilities Act, as “any dog that is individually trained to do work or perform tasks for the befit of an individual with a disability and (2) “other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. It is well established that the request for an assistance animal to provide support for a disability falls within the definition of a reasonable accommodation under fair housing laws. The Fair Housing Act makes it unlawful for housing providers to refuse to make reasonable accommodations that persons with disabilities may need to have equal opportunity to enjoy and use their dwellings. Fair housing laws protect the rights of individuals to have animals that provide support for their disabilities.