Home PageBlog › Emotional Support Animal Laws

Emotional Support Animal Laws

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

Emotional Support Animal vs Service Dog - Infographic

Share this image on your site (copy code below):

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.

Three easy steps to get an ESA Letter with ESA Doctors

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.

button-with-arrow

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.

141 comments

  1. Barbara Kuehn says: February 15, 2019
    • Jessica says: June 17, 2019
    • Albert says: July 20, 2019
    • Shirley says: November 3, 2019
    • Bryan says: January 6, 2020
    • Barbara Zugaro says: July 21, 2019
    • wes says: July 27, 2019
    • Amanda says: October 19, 2019
    • Jessica says: November 5, 2019
    • Sheila says: December 15, 2019
    • Lee says: June 21, 2020
    • Cheryl says: March 3, 2020
    • Courtney Everett says: May 12, 2020
    • Tylenn says: July 20, 2019
    • Kendra Vorce says: July 25, 2019
    • Lisa M Hough says: May 2, 2020
    • Gretchen Hallmark says: June 29, 2020
  2. Angela Whidby says: March 12, 2019
    • Alyson says: May 13, 2019
    • Cheryl c says: July 16, 2019
    • Kim says: July 31, 2019
    • Jaclyn says: February 6, 2020
    • Carol says: December 23, 2019
    • Amanda Ryan says: September 8, 2019
    • Gail Williams says: July 29, 2019
    • Mimi says: July 31, 2019
    • Lee says: June 21, 2020
  3. Lisa Gasswint says: March 21, 2019
    • Albert says: July 20, 2019
    • Fredo Melecio says: August 1, 2019
    • Carol says: August 4, 2019
    • Patricia French says: January 18, 2020
    • Lee says: June 21, 2020
  4. Sue says: March 22, 2019
    • Misty Black says: December 28, 2019
  5. Autumn says: March 25, 2019
    • Tasha Brule says: June 17, 2019
    • Kathy says: February 7, 2020
  6. Regan Love says: April 7, 2019
    • Mack says: April 30, 2019
    • Tiffany Bryson says: May 12, 2019
  7. Jill Barnes says: April 29, 2019
    • Alyson says: May 13, 2019
    • wes says: July 27, 2019
    • Andrew says: November 27, 2020
  8. Brandi says: May 11, 2019
  9. Nadina says: May 14, 2019
  10. Lucia Estrada says: July 24, 2019
    • Elle Terpening says: October 31, 2019
  11. Casey says: July 29, 2019
  12. Marie says: August 9, 2019
  13. Cynthia says: October 24, 2019
    • Chloe L. says: August 19, 2020
  14. Elle Terpening says: October 31, 2019
  15. Veronica Hensley says: December 7, 2019
    • Erica Lummus says: August 17, 2020
  16. Cassidy says: February 29, 2020
  17. Franklin White says: April 1, 2020
    • Carry Honeycutt says: December 28, 2020
    • Peter says: March 7, 2021
  18. Anonymous says: May 29, 2020
    • Chloe L. says: August 19, 2020
    • Chloe L. says: August 19, 2020
  19. Karen L Cerritos says: June 30, 2020
    • Chloe L. says: August 19, 2020
  20. Fed Up says: August 14, 2020
  21. Chloe L. says: August 19, 2020
  22. Sandy Berry says: September 7, 2020
    • Tammy L Marschall says: September 18, 2020
  23. jill says: October 1, 2020
    • Yazmin perez says: October 10, 2020
    • Peter says: October 14, 2020
  24. Danny says: December 29, 2020
  25. Marco says: January 23, 2021
    • Jeff Collins says: April 1, 2021
    • Jeff Collins says: April 1, 2021
  26. Michael Rouch says: April 9, 2021
  27. Vanessa says: April 22, 2021
    • Peter says: May 26, 2021
  28. Elly says: May 10, 2021
    • Peter says: May 18, 2021
  29. Savannah M says: May 29, 2021
  30. Faelan says: August 2, 2021
  31. Just Me says: October 12, 2021
  32. Tasha collins says: October 27, 2021
    • E.b. says: April 15, 2022
    • SDC says: April 16, 2022
  33. Wanda J McKinney says: January 31, 2022
    • Angelia says: February 14, 2022
    • Service dog mom says: June 28, 2023
    • SDC says: June 30, 2023
  34. Cheryl Scialo says: January 18, 2023
  35. Delores Gorman says: February 26, 2023
  36. Juana says: November 29, 2023
  37. Kaitlyn says: May 30, 2024
    • SDC says: June 3, 2024

Leave a Reply

Latest Posts

Information at this site is provided solely for the user’s information and, while we strive to be accurate, all information is provided strictly “as is” and without warranty of any kind. It is not intended to be used as a substitute for legal counsel from a qualified attorney. ServiceDogCertifications.org, its agents, affiliates, employees or contractors will not be liable to you for any damages, direct or indirect, or lost profits arising out of your use of information provided at this site, or information provided at any other site that can be accessed from this site.