University of California, Berkeley supports students with disabilities by allowing emotional support animals (ESAs) in University housing as a reasonable accommodation. This policy, managed through Berkeley Housing and the Disabled Students’ Program, ensures equal access to housing while maintaining campus safety and residential community standards.

Legal Framework

UC Berkeley’s Emotional Support Animal (ESA) policy is shaped by federal, state, and local laws designed to protect individuals with disabilities, ensuring they have equal access to educational opportunities and housing accommodations. The key legal frameworks influencing this policy include:

The Fair Housing Act is a federal law that prohibits discrimination in housing based on disability and requires reasonable accommodations for individuals with disabilities, including the right to keep an ESA even in buildings that otherwise prohibit pets. Housing providers cannot charge additional fees or deposits for ESAs, though residents remain financially responsible for damage caused by their animals. UC Berkeley complies with the FHA by making exceptions to pet policies and ensuring ESA owners have equal access to campus housing.

Fair Housing Act (FHA) guidelines and emotional support animals

The Americans with Disabilities Act distinguishes between Service Animals and Emotional Support Animals. Service Animals. dogs and in limited cases miniature horses, that are trained to perform specific tasks have public access rights. ESAs provide comfort through companionship but are not granted the same public access rights under the ADA. UC Berkeley permits service animals campus-wide but restricts ESAs to residential living spaces in accordance with ADA guidelines.

Americans with Disabilities Act (ADA) assistance animal regulations

Section 504 prohibits discrimination based on disability in federally funded educational institutions and requires universities to provide reasonable accommodations, including allowing ESAs in residential housing when necessary for equal access. UC Berkeley ensures compliance with Section 504 through its accommodation review process managed by the Housing Disability Specialist.

Section 504 of the Rehabilitation Act compliance

In addition to federal regulations, California state laws and local ordinances may also influence ESA policies at UC Berkeley. California’s Fair Employment and Housing Act (FEHA) provides protections for individuals with disabilities in both housing and employment. California Civil Code 54.2 extends equal housing access protections for individuals with disabilities and their assistance animals. UC Berkeley ensures that its ESA policy is in full compliance with relevant state and local regulations, providing a supportive environment for all students.

State and local assistance animal laws and regulations

Fair Housing Act (FHA)

Americans with Disabilities Act (ADA)

Section 504 of the Rehabilitation Act of 1973

State and Local Laws

Who Qualifies for an Emotional Support Animal

Assistance Animals (ESAs)

Students with disabilities may keep an ESA in their University housing if the animal provides emotional support, wellbeing, comfort, and companionship that alleviates symptoms of their disability. The relationship between the disability and the need for the ESA must be documented, and approval must be obtained from the Housing Disability Specialist.

Service Animals

Students with disabilities may have a Service Dog in their housing and other campus venues if the dog is trained to perform tasks directly related to the student’s disability. Service Dogs may be acknowledged through UC Berkeley but do not require prior approval for campus access.

Application Process for an ESA

Step 1: Complete ESA Approval Application

Submit the Service Dog Acknowledgement and ESA Approval Application form through Berkeley Housing. This form initiates the request process and demonstrates your understanding of the guidelines and responsibilities.

Step 2: Provide Required Documentation

After submitting your application, you will receive an email requesting:

Up-to-date veterinary record certifying all recommended vaccinations (rabies vaccination required for dogs and cats)
Proper medical documentation from a healthcare provider stating the need for an ESA
Name and contact information of an alternate local caregiver for the animal
Local license for dogs from Berkeley, Albany, or Emeryville (proof required within six weeks of moving in)

Step 3: Review by Housing Disability Specialist

The Housing Disability Specialist will review your request and work with you to obtain any necessary additional materials. The specialist evaluates whether the accommodation would constitute an undue financial burden, require a fundamental alteration of the housing program, or create a direct threat to health or safety.

Step 4: Approval Notification and Housing Assignment

If approved, the Housing Disability Specialist will notify you by email and work with appropriate staff to determine a suitable residence for you and your ESA. Housing assignments consider the needs of other residents, including those with allergies or conditions affected by animals, which may result in fewer housing options for ESA owners.

Step 5: Appeals Process

If your request is declined, you may appeal in writing within five business days by email. Appeals must state either new supportive information not available during initial review or a procedural error that unfairly affected the process.

Get an ESA Letter

College student with a black Labrador emotional support dog on a campus lawn

Responsibilities of ESA Owners

Keep the ESA contained within your private residential area (room, suite, apartment, or enclosed balcony) at all times except when transported in a carrier or controlled by leash. In residence halls, ESAs are not permitted in common spaces including bathrooms, kitchens, recreation rooms, and hallways.
Ensure the animal is housebroken and does not create persistent odor, noise, or disturbance. Behavior and waste must not exceed reasonable standards.
ESAs must have all veterinarian-recommended vaccinations. Dogs and cats must be at least six months old, spayed or neutered, and not pregnant.
Dogs must wear ID tags with phone number and vaccine information. Obtain local license within six weeks of moving in.
Properly dispose of all animal waste. Indoor waste must be bagged and placed in outdoor dumpsters. Litter boxes must be on mats in your bedroom if in shared housing.
Bathing ESAs on campus is not allowed. Use appropriate off-campus facilities only.
Provide emergency contact information for someone who can care for the animal if you are unavailable.
Pay for all damages caused by your animal, potentially ranging from $150-$15,000 depending on damage type.
Sign new guidelines annually and provide updated vaccination/license information, though re-approval for the same animal is not required.

Conflicting Needs and Resolutions

UC Berkeley is committed to accommodating both ESA owners and other residents who may have conflicting needs such as allergies or fears of animals. Housing for residents with ESAs is identified from the available housing base to accommodate residents with allergies or other conditions that rise to disability level, which may result in fewer housing options for ESA owners. While a roommate’s allergy or fear does not automatically negate the right to have an ESA, the university works to balance the needs of all residents and may relocate students as necessary to ensure appropriate accommodations for everyone.

Important Considerations

Students may generally have only one ESA.
Dangerous, poisonous, and illegal animals are not permitted.
The university may inspect residences for fleas, ticks, or pests once per semester. Students will be billed for pest treatment if needed.
If an animal is left unattended for extended periods, it may be moved to a local shelter at the student’s expense.
Any violation of guidelines will be reviewed through the Residential Conduct Process and/or Student Conduct Process.
Even if previously approved, students must file new requests to add or replace an ESA.
Berkeley Housing may relocate residents and animals as necessary while maintaining contractual terms.

University of California, Berkeley Emotional Support Animal Policy

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