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Emotional Support Animal Laws
We call them man’s best friend. Dogs, cats, and other animals are essential to many of our emotional and psychological needs. Why? These furry companions have been around for centuries as humankind’s most loyal and often closest companions.
So it’s not surprising that many of us now rely on emotional support animals (ESA) for our mental health needs. One of the challenges ESA owners face is misinformation about ESAs. Below is a summary of emotional support animal laws to better understand your rights.
Overview: Emotional Support Animal vs Service Dog
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Emotional Support Animal access to public places
Not quite service animals: Emotional support animals do not have the same legal rights as service dogs. As mentioned, service dogs are protected by the Americans with Disabilities Act (ADA). The broad public access rights for assistance animals under the ADA only extend to service dogs that are individually trained to perform tasks to benefit an individual with a disability.
Due to this distinction, your emotional support animal is not protected by the ADA. Service dogs are allowed access to all public places, such as stores, movie theaters, hospitals, and restaurants. On the other hand, emotional support animals are allowed access only to residences (including buildings with no-pet policies) and on select airlines.
Please keep in mind that although ESAs do not need any special training, they still need to be well-behaved and should have the ability to follow basic commands.
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What laws protect Emotional Support Animals?
For housing, the law is still on your side. Although emotional support animals do not have the same access rights as service dogs under ADA, they are protected under the Fair Housing Act (FHA).
If you meet the criteria for ESA qualification under the FHA, you are entitled to live with your emotional support animal free of charge and deposits, even if your building doesn’t allow pets. The FHA also prevents housing providers from imposing breed and weight restrictions on your ESA.
Many state laws mostly mirror the FHA, providing additional protection against discrimination for ESA owners. Housing providers are required to provide reasonable accommodations for ESA owners so they can have equal opportunities to use and enjoy their residence.
Air travel is a different story. Until recently, emotional support animals also enjoyed the right to fly with their ESA in the cabin under the Air Carrier Access Act (ACAA). However, due to regulatory changes in January 2021, airlines are no longer required to accommodate emotional support animals (although a few airlines still have programs that allow them).
Meanwhile, psychiatric service dogs (PSDs) are still allowed to fly on planes free of charge. A PSD is a type of service dog that performs tasks relating to an owner’s psychological or intellectual disability. Under the ADA and ACAA, PSDs have the same rights as service dogs that perform tasks for the physically disabled. To learn more about how to fly with a psychiatric service dog, please click on this link for a complete guide.
How do I make my pet into a legitimate Emotional Support Animal?
To qualify for an emotional support animal, you need to obtain an ESA letter from a licensed healthcare professional, such as a therapist. The licensed healthcare professional will assess whether you have a qualifying condition and whether an ESA would help improve the symptoms of your condition. Any licensed healthcare professional can issue an ESA letter, but many are not aware of the benefits of ESAs or familiar with how to write an ESA letter.
If your current healthcare provider is unfamiliar with ESAs (or is unwilling to issue an ESA letter), or if you don’t have anyone you’re currently seeing, ESA Doctors can help. ESA Doctors is a caring and reputable service that has operated since 2015 and can connect you to a licensed ESA specialist. Just click on the link below to get started.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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I have a client that comes to a clinic and brings her emotional support dog. She has a registration form that states federal service dog registration and a registration number. She was told she can not bring her dog. is that true? or is it against the law even though it is an emotional support dog verses a service dog
No she may not bring her dog. An emotional support dog requires and ESA letter that is proscribed by their therapist or doctor. A service dog is trained for a specific ability to assist and perform actions to prevent issues or assist with issues a person with a disability may need help with. No documentation, no certification, etc are required for a service dog. In order to be a service dog it must perform a task to potentially assist and must be trained to behave silently. “Their presence calms me down” does not count. As an example, the animal must be able to detect and alert those with psychological disabilities of an oncoming anxiety or panick attack in order to prevent it or must be trained to soften the reaction, such as pressure therapy.
As long as you have a letter from you doctor stating this is a legit ESA, no matter age, breed or size, they CAN NOT denied or charge deposits or pet rent for the pet!!
I have over 15 years in property management and have passed MANY Fair Housing Law classes.
If they push the issue, get a copy of the FAir housing law when it comes to ESA and present it to them! If they continue, tell them you will be contacting an attorney and get the property Management name and the managers DIRECT supervisors name and contact info so you can speak with them about the law. They usually change their tune pretty fast when the word attorney is used.
It is not an option for them.
ESA do NOT have age limits, breed restrictions or size restrictions!! They can only deny if you are asking for an unreasonable accommodation which you are not.
Where do i get an esa? I have no pets and would be willing to adopt a dog, but is there any training?
I love dogs let me start with that the problem I am having with ESA is in the shelter with homeless people if they are not responsible owners the dogs use the bathroom inside the facility. They tend to not bathe them as well. Trying to keep the shelter clean in these conditions become very hard especially when there are multiple dogs. Some are in need of medical care and I feel like this is abuse to the dogs. This is not a great situation. I can understand homes but not shelters.
I want to know what rights people have.
My brother is deathly allergic to pet dander
He cannot be around or in where any cats or dogs have been such as public places like on air planes, restaurants, stores, hotel rooms where pets have been around ect. This could kill him, if he doesn’t get to a hospital, I agree that people need support dogs and emotional support dogs but by reading all the comments and it seams that people just want to call there dogs support dogs to be able to have them accepted in rental places and public places there needs to be rights for people that have allergies that can kill them. I have rentals and I have only one unit that is dog friendly if a will have all my units of 5 dog friendly I would never be able to rent them out to other tenants that could have allergies like my brother has, and if I don’t tell them that a dog / pet has been in the unit before and they get sick or god forbid die I could be held responsible, so what about landlord rights also?
Don’t get me wrong I love pets I have a dog in my house and my brother has never been in my house or vehicles sence I had a pet and that’s been over 35 years.
Sadly, because I feel for the needy people at your shelter, I would report the animal negligence to the local animal shelter. The animal can find a good home with someone who can adequately care for it and it’s medical needs, besides.
If you already had an ESA animal and got another which you said was a 5 month old puppy yes they can deny the puppy due to you already having one you can have 1 I do not believe 2,3,4 ect