Cal. Civ. Code § 70-24-114

Emotional Support Animals -- Documentation

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaReasonable Accommodations/Modifications

Operative Text

Cal. Civ. Code § 70-24-114
(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 70-24-108 .
(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 of 1990, or Title 49, chapter 2.
(10) 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.
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 70-24-114 establishes a framework in Montana for tenants with disabilities to request emotional support animals (ESAs) as a reasonable accommodation in housing. Landlords may ask for supporting documentation from a licensed health care practitioner when the disability-related need is not obvious, but cannot demand diagnosis details or medical records. Landlords must issue a written determination after receiving the required information, and online ESA registrations or certificates alone are not considered sufficient proof of need.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-24-114, compliant landlords evaluate ESA accommodation requests by reviewing supporting information from a qualifying health care practitioner—one who has had a client relationship with the tenant for at least 30 days and has conducted a clinical evaluation. Landlords may deny requests only when the animal poses a direct, unreducible threat to safety or property, and must issue a written determination after receiving supplemental documentation. Landlords may also require proof of state and local licensure and vaccination compliance for each ESA, but may not request diagnostic or medical-record details.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-24-114 gives tenants with disabilities the right to request an ESA as a reasonable accommodation, and landlords must respond in writing after reviewing supporting documentation. If a landlord denies a request or asks for information that seems to exceed what the statute permits—such as a diagnosis or medical records—tenants may consider contacting a tenant-rights organization or filing a complaint under the federal Fair Housing Act. Tenants remain liable for any damage their ESA causes to the premises or to others.

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.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 53-21-102
Not yet ingested

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

Source Information