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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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IF an ESA is allowed in an establishment, are they required to wear a muzzle? Is it up to the discretion of the establishment? Can the establishment require one ESA to be muzzled and another not be? If one ESA is allowed, are all others?
They are not allowed in public places. Only service animals are. A vest, letter nothing gives the animal the right to be there. The ADA which is the law that covers that. Service animals perform a specific task that they have been trained to do for their owners. They are the only ones that are legally covered to go onto any establishment.
Can a wife keep an emotional support dog that was her husbands after her husband dies if she lives in a no pet bldg
Please keep in mind, Emotional Support Animals need to be well behaved in public and follow basic commands. 9 Week puppy will not qualify to follow basic commands and if the puppy destroys anything in the apartment the the Landlord has the right to press charges for monthly pet fees and replacement of any damage in my opinion.
Mine and my fiance’s dog is both esa and the landlord is trying to make us pay 500$ pet deposit do we have to pay it and can she charge us a pet fee?
I recently got a Australian Shepherd puppy to have as an emotional support dog. My question is do I need a letter of certification or just the ID to put on his vest? And is the vest purchased separately than the ID package? Thank you.
You need an ESA letter that is actually signed by a licensed professional. ID’s and vests are good for identifying your dog as an emotional support dog, but not always needed.
Can you have two companions dogs in one apartment?
The vest is not going to gain you access to public places. The law is still the law; ESAs are still only allowed for housing and air travel access. NO stores, restaurants or other publis places.
How do I get my pup to be able to be with me hes 1 1/2 good boy he let’s me know when I’m going to go into sugar shock before hand,I also have heart failure, 3rd stage kidney failure, hes so supportive of me I’m lost without him hes a miniature poodle 10 pounds can you please tell me what you do…thanks
We suggest speaking with your healthcare provider to see if your dog could qualify as a service dog. In order to have a service dog, you must have an ADA qualifying disability and a fully trained dog that performs a job or task that assists with that disability.
No vest is required.. You need a letter on your therapist letterhead stating why you need an ESD,must be signed by your therapist with his DEA number on it,
I have several children that have Emotional Behavioral Disorder, PTSD, ADHD and I got A therapy Golden doodle to help around the house but would like to take her out in public as a service dog because of the children’s emotional stability and sometimes they can not handle society and with her around it would make a difference so how do I GAO about getting the letter to be able to take her with us in public?
When I sign in it ask questions concerning my state and she’s not for me but my children.
You will have to have the dog trained and registered as a Service Dog. An ESA is not covered under the same laws as service animals to be allowed in public places other than airplanes and rental properties.
What you need to understand is that the ONLY ANIMALS that are allowed in ALL PUBLIC PLACES and the ONLY ANIMALS that are protected by the ADA are specifically trained to provide a SERVICE to their owners.
Be it to bark once to inform their owners to take their medication or to alert them of an incoming dangerous situation concerning their health ect…
Service defined:
a : the work performed by one that serves
good service
b : HELP, USE, BENEFIT
glad to be of service
c : contribution to the welfare of others
Emotional Support Animals are not required to be specifically trained to perform a SERVICE. They are prescribed by a doctor to give comfort, to meet an emotional need, to give their owners EMOTIONAL SUPPORT, to be by their side.
Since they do not perform/provide a SPECIFIC SERVICE to their owners, they are not required to be SPECIFICALLY TRAINED. Their ONLY ROLE is to give EMOTIONAL SUPPORT/COMFORT.
Emotional Support defined:
: being by one’s side;
: being there for someone
: the provision of reassurance, acceptance, and encouragement during times of stress.
: to endure bravely or quietly : BEAR
: to keep (something) going
: to provide comfort
Providing emotional support to someone doesn’t require a specific training because you usually provide emotional support and comfort to someone you love.
In both situations, the ANIMAL is taking the place of a human being.
The SERVICE ANIMAL is highly trained to perform a specific SERVICE to it’s owner. This is done by the dog because he is TRAINED to do so. The dog is not providing this service because he has a relationship with his owner, he is doing it because he was trained to do so.
The Emotional Support Animal will help his owner when they are feeling depressed, sad, or lonely. They will cuddle, lick and wag their tails which can help their owners feel happier. They will be by their side when they are feeling anxious, insecure, that they don’t matter or even paranoid by helping to calm their owners, by again, cuddling, licking and even by barking which can help their owners to be less anxious, feel they are being protected, that someone cares how they feel and just by doing the same things that all dogs generally do, they often help their owners feel like they actually matter and that their life has a purpose.
There is no doubt that combined with treatment, and other methods, Emotional Support Animals have and will continue to save lives every day just by giving their owners the EMOTIONAL SUPPORT they desperately NEED to maintain a balance and function on a daily basis.
BOTH types of Animals are NEEDED for all of the reasons listed above and MANY more! They both have their place in our communities!
To answer your question about getting a letter to take your Emotional Support Animal into public places, you have to understand that an Emotional Support Animals are not covered by the protection of The Americans With Disabilities ACT and the laws regarding them are different.
Emotional Support Animals are only protected in the areas of housing and travel… (airports, hotels ect.)
If you want to be able to take the dog with you out in public, and have that right protected by the laws, you would have to have the dog trained to be a Service Animal and provide a SERVICE to the kids.
For example, if one of the kids has an emotional outburst while out in public and the dog is TRAINED to recognize this and trained to SPECIFICALLY go to that child and sit by the child and by doing THAT SERVICE the child is able to calm down quickly and regain control, THEN the dog would be providing a SERVICE to the children and would then be considered a SERVICE ANIMAL allowed by law to go to any public entities.
I hope that helps you understand a little more.
And with that I will also tell you that the letter needs to come from a licensed Dr or mental health or social worker in your community who is willing to say that the Animal is providing a needed SERVICES/Therapy/EMOTIONAL SUPPORT to the children in your care!
Good luck to you and I hope I was at least some help to you!
Have a wonderful blessed day! ❣️❤️❣️
We have a 2 year old German Shepherd and is very well behaved and trained, I started when he was 6 weeks old. My husband has rheumatoid arthritis and has a hard time with his hands. Our dog has a harness that can carry items for him. Is that considered a service that would be service dog action?
What does the law say regarding ESA animals and hotels/VRBOs/campgrounds with pet policies?
Is my ESA able to stay at an no pets hotel?
No because the dog was not specifically trained to provide service to your husband. professional training is required for an animal to be registered.
We are currently being evicted because of our son’s emotional support dog. I have provided the managment of the apartments with a letter from our son’s mental health doctor. They still are proceeding with eviction. What are options?
I have a 8yr old pet bull. We have had her since she was a pup. My daughter has seizures. She detects them before I do, and alerts me. My dog has a pup he’s. A year now. He’ picks up on her the same way. How do i go about getting papers for them. Will my doctor know what to do after I get the was letter from her doctor. Will I have to pay anything? Please inbox me need help,
I am beginning to believe my dog provides emotional support for me. Since emotional dogs don’t fall under the same laws as service, that means I can’t bring my dog to pilot places such as the mall and whatnot correct?
Yes that’s correct
First of all you need to learn the difference between a SERVICE DOG and an EMOTIONAL SUPPORT DOG. The laws are very different. Service dogs protected by the ADA and they can only ask you 2 questions. ESD is not protected by the ADA and requires documentation from the therapist that has been treating the patient, must be on their letterhead, must be signed with their DEA license number on it,
Make up your mind you said I did not have valid email address. I had a comama rather than a period on my email address. I corrected now you tell me I already posted my comment, How? You refused it the first time
I’m picking my puppy up tomorrow he’s 9wks and a Dachshund. I do want him to be a ESA
I have a ESA. And just got a 5 month old puppy. My landlord now just informed me that I can not have a dog under the age of a year. Is this true?
No, a landlord can’t deny access because of your dog’s age. Make sure you have an ESA letter from your own doctor/therapist or from a reputable source online like ESADoctors.com where they match you with a legitimate licensed professional that actually signs your ESA letter. DO NOT go with a company where the company places the doctor’s signature on a letter.
Don’t you have to have seen that particular Doctor within the last 12 months?? How can you obtain one without ever seeing that Doc?? And what if my neighbor has an ESA and mistreats the animal?? Humane Society said there’s nothing they can do??
I’m truck driver I’m with a new company That doesn’t allow pets
At my last job pets was allowed my dog went with me everywhere
Now he’s sad at the house I know how he feels
Can he come on the truck if I have emotional support because I basically leave in my truck
I am at work I I work in extreme heat do I have to take my dog who is ESA because the hotel giving me a problem
my puppy is only 11 weeks old. hes my support dog
It doesn’t matter the age. My landlord fought with me and even gave me a 5 day notice, but my doctor called him and she fought for me. Now he’s agreed to let us stay because we we’re going to sue
No its not true contact Human Rights Commission
No this is not true. Your dog can be any age due to they are there for companionship.
No that is not true. Also all I did was get a script from my doctor stating I needed am emotional support animal and my apartments took that and I had a puppy 6 weeks old
I believe they would be violating the Fair Housing Amendment Act if a mental health professional has deemed it necessary for you to have a pet. It would be the equivalent of charging you extra or excluding you from possessing a prescription you need to maintain your physical health.
First of all you need to learn the difference between a SERVICE DOG and an EMOTIONAL SUPPORT DOG. The laws are very different. Service dogs protected by the ADA and they can only ask you 2 questions. ESD is not protected by the ADA and requires documentation from the therapist that has been treating the patient, must be on their letterhead, must be signed with their DEA license number on it,
I have a ESA cat. I live in a hotel have been for the last 5 years. The hotel required documentation that my animal was a ESA which the Veterans Administration filled out for me. I have had her for almost a year. She is used to deal with my depression as well as my PTSD from the military. Also my son benefits from her as he is autistic and helps c as an him. Now the hotel just got new management and they informed me I have to get rid of her because they dont recognize cats only dogs as emotional support and service animals. I paid to have her mocrochipped as well as behavioral training she is also fixed. Can they do that after doing what they said with documentation and then just because a new manager takes over she says they got to go? I am heartbroken as well as my son and now it has sent both of us spiraling down with anxiety and depression. I though they were protected under this fhaa..we are living here and not visiting in the hotel.
They can’t tell you that your protected by law fair housing act just tell them they better act right or you can sue them for even trying to pull that on you!
I have an ESA, but he has a severe fear of other dogs. At my mom’s work they allow dogs to be there and let me visit. I go there one day without knowing another dog was there and my dog is tareffied, other dog keeps on getting closer to my ESA and interfering with him as I attempt to pick my ESA up. I’m just wondering if the service/assistance laws on interfering with them apply for my ESA??
No. The laws are different for ESA and Service Dogs. ESA are not protected under the ADA laws. In fact business don’t even need to allow an ESA to be there.
I would work on getting your dog socialized.
Can I register 2 pets as esa?
Train that dachshund and socialize hike early, they are a protective breed.
I work for a trucking company I need it to say for employment like in company truck that I drive how do I get that on the letter
I have a doctor’s note saying that now what