California shelter forced to pay $43,000 after dispute over homeless mans service animals

A San Diego homeless shelter has been forced to pay $43,000 to a homeless man who was wrongly told that he would not be able to live with his emotional support cat and then told he also needed to show documentation for a service dog.

The man provided a copy of a letter from his medical provider to support the request to live with his two pets, but the shelter insisted on further proof.

The Rescue Mission, a non-profit homeless shelter and recovery center that has been helping homeless people in the area since 1955, asked for the man to give proof of the dogs service training.

Such documents are not a requirement under California law, nevertheless the man was kicked out of the 12-month residential rehousing program the following day despite having nowhere else to go.

A San Diego homeless shelter has been forced to pay $43,000 to a homeless man who was wrongly told that he would not be able to live with his emotional support cat and then told he also needed to show documentation for a service dog

Together with the handing over of tens of thousands of dollars, the Rescue Mission will now have to revise its animal policy whilst it staff are to take part in a training program about the rights of disabled people. 

The Mission does not have to admit wrongdoing.

Whether its for a visual impairment or ongoing anxiety, assistance animals play a critical role in helping Californians navigate their disabilities, Kevin Kish, director of the California Civil Rights office, who took on the mans case, said in a statement.

Their use to assist those with disabilities in their homes is protected under the law, regardless of the animals size, breed, or weight.

A 2022 state law made it easier for homeless people to bring their emotional support animals to shelters and public places.

Federal and state law — fair housing laws — have for a very long time protected people with disabilities. And part of that is reasonably accommodating them, including with animals, support animals and service animals, Kish said.

Together with the handing over of tens of thousands of dollars, the Rescue Mission will now have to revise its animal policy whilst it staff are to take part in a training program about the rights of disabled people

Support animals are often confused with service animals however the two are actually different. 

Service animals are trained for specific tasks. Emotional support animals on the other hand provide comfort.

But anyone can have an emotional support animal. And there isnt actually a certification process. And for this reason. I think theres a lot of confusion, Kish explained to KPBS.

Vice president of programs at the Mission, Paul Armstrong, has declined to comment specifically on the settlement but insisted the non-profit does accept all animals at several locations although there are some caveats at the downtown location.

Due to the facility constraints and the nature of our 12-month residential program we provide reasonable accommodations for emotional support and service animals, Armstrong told the San Diego Tribune.

Rescue Mission, a non-profit homeless shelter and recovery center, has been helping homeless people since 1955, asked for the man to give proof of the dogs service training

We understand the importance of animals in peoples lives and try to honor that, Armstrong added.

The man, who was represented by the Legal Aid Society of San Diego, has not been publicly identified.

Disabled residents are usually allowed emotional support animals, although some people may need to show documentation explaining why it is needed.

Some shelters do have rules that prohibit pets and it can prevent them from being allowed to stay.

Other have more relaxed policies including O Lot, a camping area close to Balboa Park.

The shelter has 65 dogs, 42 cats, a bird and a guinea pig - however a whole new set of problems has now emerged after six litter were born.