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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.
ServiceDogCertifications.org
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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Iv’e had an ESA for almost 4 years and I recently moved into a new apartment complex where the landlord does not allow dogs. He made me jump through hurtles but in the end knew he could not deny her. Its been about a month since we got her all moved in (we had to have her stay at my parents while the paperwork and insurances were filed) and in the last couple of days she has been going pee on our balcony in the middle of the night even though we take her on two walks a day after meals. The first time she did it it trickled down on to the downstairs neighbor’s patio, and now the landlord has sent me a Notice to Cease is threatening eviction. Is this legal? Can he evict me because she had an accident on the balcony? This is the only issue shes has because she is a very well behaved dog. She does not bark, chew anything up or scratch.
Also, yes a landlord can still ask you to remove the dog, ESA or not, if it is disturbing other residents in certain ways. Urinating on others personal property (even if it leaks from your balcony), barking excessively, destroying residential property, not picking up after your pet, being/acting aggressively towards other residents, etc.. are all reasons they can request you to remove the animal and it is not against the law. If you choose not to remove the offending animal, they can go thru the eviction process.
If the dog urinates again on the balcony, after the cease and desist letter, then yes, the landlord can evict you. You must maintain a “sanitary apartment” in order to be in compliance with a Support Animal (or pet, for that matter).
I did the questionnaire for a ESA to be approved online. Does anyone know how long it takes?
Got mine in 3 days.
my puppy is only 11 weeks old. hes my support dog
Having the same issue. Roommate just got a 6 week old puppy that screams all day. Claims it’s an esa like her other dog that isn’t even house trained…
I love animals, I could probably use an ESA myself. I have a question, my upstairs neighbor has a rescue dog breed ?? 10 yrs old ESA. She doesn’t work. Ut she manages to be gone for several hours every day and that poor dog barks the whole time she’s gone. How’s he do2 her any good when she’s not there. All tbe neighbors are starting to complain about the barking
She does not bring the dog with her because ESA’s are not allowed the same rights as a Service Dog. They can not go out in public like Service dogs can. Rescue is not a breed. If the housing facility allows her to have the dog, all you can do is complain and they can choose how to handle it.
I heard they dont look at the dogs I’d card so how would they know if it’s a service dog or not
Exactly. If the animal is a nuisance (barking) or is maintained in a neglectful way or in unsanitary conditions, the landlord can insist the Support Animal be removed or can evict you if you refuse at that point. You may not destroy the peace and enjoyment of the property by other tenants.
I have a 2 year mini pig that is already legitimately certified/papered and Dr. Letter. We just moved and the new city says that NO hooves animals are allowed in the city. When I stated she was a therapy animal, they said it doesn’t matter. What are my options?
You have no options. Under federal law, dogs only. Used to be mini horses in some cases but I think they got rid of those. ADA states that ESA and service animals are two different things and an establishment DOES NOT have to let your ESA into their establishment I’d they do not want to because it’s not federal law. City trumps fed anyway in the city.
How did you go about getting the legal certification and the doctor’s letter