Emotional Support Animal Laws
If you live in any state in the U.S. the Fair Housing Act is a federal law (meaning it applies across the country) that guards your rights as the owner of an emotional support animal. Your state might even have its own laws for extra protection. This guide will explain current laws and how they protect you.
In this article:
- Federal protection: the Fair Fousing Act
- State ESA laws
- Frequently asked questions about ESA laws
- What documentation do I need under federal and state laws?
- Can states override federal ESA protections?
- Which housing is exempt from ESA laws?
- Does the Americans with Disabilities Act (ADA) apply to emotional support animals?
- Does the Air Carrier Access Act (ACAA) protect emotional support animals?
- If I live in two states throughout the year, do I have ESA rights in both?
Federal Protection: The Fair Housing Act
The Fair Housing Act is the primary law protecting emotional support animals. It was originally enacted in 1968 as part of civil rights legislation and amended in 1988 to include protections for people with disabilities. The U.S. Department of Housing is responsible for enforcing this law, and they made housing rules that give ESA owners the following:
- The right to live with your ESA even in housing with “no pets” policies
- Freedom from pet deposits and pet fees
- Protection from breed, size, or weight restrictions
- No requirement for specialized training for your animal
These rules apply to most housing types — apartments, condos, co-ops, and houses, but see the FAQ below for some important exceptions.
State ESA Laws
While the federal Fair Housing Act sets the baseline, states often add their own special twists to ESA protections. These state laws can include specific timelines, extra safeguards, or particular documentation requirements. Let’s look at a few states that have special ESA laws:
California
California has specific requirements for ESA owners under Health & Safety Code §122318. The major difference between California’s law and HUD’s rules is that healthcare providers must establish a client-provider relationship at least 30 days before providing an ESA letter. Just like with the federal rules, the healthcare professional must complete an evaluation and include their license information in the ESA letter.
Florida
Florida created its own ESA rulebook with Statute 760.27. Just like the federal rules, the Sunshine State law blocks housing discrimination and shields you from pesky pet fees. Florida landlords can’t poke around asking about your specific diagnosis or force you to use their special forms for ESA requests. The law also clarifies that online registrations, ID cards, or certificates are not sufficient documentation — only an ESA letter from a licensed healthcare provider is valid.
Illinois
Illinois enacted the Assistance Animal Integrity Act in 2019. This law requires ESA letters to come from providers with a “therapeutic relationship” with the individual, meaning someone involved in their care with actual knowledge of their disability. Illinois law provides liability protection to landlords for injuries caused by a tenant’s emotional support animal and permits them to reject animals that pose a direct threat or have a pattern of uncontrolled behavior that the owner hasn’t addressed.
New York
New York City’s Human Rights Law offers strong protections for ESA owners. Just like with federal law, housing providers must permit emotional support animals as a reasonable accommodation and must exempt them from “no pet” policies or restrictions on breed, weight, or size.
Frequently Asked Questions About ESA Laws
What documentation do I need under federal and state laws?
Under the Fair Housing Act, you need documentation from a licensed healthcare provider confirming your need for an emotional support animal. This documentation typically takes the form of an ESA letter that must:
- Be written by a licensed mental health professional
- Include the professional’s letterhead, license information, and signature
- State that you have a mental or emotional disability
- Explain how the animal helps alleviate symptoms of your condition
- Be reasonably current (generally within the past year)
State laws add specific requirements, for example:
- California and Montana require a 30-day provider-client relationship before issuing an ESA letter
- Illinois requires a “therapeutic relationship” with your healthcare provider
No state recognizes online registries, ID cards, vests, or certificates as legitimate substitutes for a proper ESA letter from a healthcare provider.
Can states override federal ESA protections?
Probably not because under the Supremacy Clause of the U.S. Constitution, federal law takes precedence when state and federal laws conflict. This means:
- No state can reduce or eliminate the protections provided by the Fair Housing Act
- States can generally only add additional protections or clarify implementation processes
- Even in states without specific ESA legislation, the federal FHA still applies. That means that even if your state doesn’t have its own ESA laws, you’re still protected.
- Local housing practices that contradict federal law are not enforceable
Which housing is exempt from ESA laws?
While the Fair Housing Act applies to most housing, certain limited categories are exempt from ESA requirements:
- Owner-occupied buildings with four or fewer units
- Single-family homes sold or rented without using a real estate broker
Does the Americans with Disabilities Act (ADA) apply to emotional support animals?
No, the Americans with Disabilities Act does not protect or apply to emotional support animals. This is a key legal distinction:
- The ADA only protects service animals, which it defines as dogs (and in some limited cases, miniature horses) individually trained to perform specific tasks for people with disabilities
- Emotional support animals are explicitly excluded from ADA protection because they are not trained to perform specific disability-related tasks
- This means ESAs do not have legal access rights to public places such as:
- Restaurants and cafes
- Retail stores and shopping malls
- Hotels and motels
- Theaters, museums, and other entertainment venues
- Government buildings
- Public transportation
The primary legal protection for emotional support animals comes from the Fair Housing Act, which is focused on housing rights rather than public access. This limitation is why it’s important to understand that having an ESA does not grant you the right to bring your animal to places where pets are not allowed.
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Does the Air Carrier Access Act (ACAA) protect emotional support animals?
No, the Air Carrier Access Act no longer protects emotional support animals on flights. There was a significant policy change in 2021:
- Before January 2021: The ACAA required airlines to accommodate emotional support animals in aircraft cabins without additional fees
- After January 2021: The Department of Transportation revised its regulations to remove ESA protections
Under current regulations:
- Airlines are no longer required to treat emotional support animals differently from pets
- Most major US airlines now only recognize trained service animals (primarily dogs) for free cabin access
- ESAs may still fly, but typically as pets, subject to each airline’s pet policies
- This usually means paying pet transportation fees (often $95-$125 each way) and following carrier size restrictions
If you have a trained psychiatric service dog, you can still board the cabin free of charge. Check out our guide on how to fly with a psychiatric service dog for more details.
If I live in two states throughout the year, do I have ESA rights in both?
Yes. The Fair Housing Act is a federal law, which means it works in all states. If you live in different states during the year (like “snowbirds” who spend winters in Florida and summers in New York), you have ESA rights in both places, but keep a few things in mind:
- Many healthcare professionals are only licensed in one state
- Some states might have extra rules about ESA documentation
- It’s best to have an ESA letter that’s less than a year old
If you regularly live in two different states, you might want to have healthcare providers in both states, if possible, or find a provider who can practice in multiple states to take care of your ESA letter needs.
Need to request an ESA letter from a therapist online? Click 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’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
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 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,
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?
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
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
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.
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 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
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).
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
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.
Where do i get an esa? I have no pets and would be willing to adopt a dog, but is there any training?
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.
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.
Yes. Your landlord can have rules as to how old a pet must be in order to reside with you, UNLESS that specific “prohibited” pet is the one the ESA letter is for. Just because you have one ESA letter does not mean you can have as many pets as you want, the letter usually dictates how many (I have had letters “prescribing” me two esa dogs). Usually the letters are not transferrable to other dogs if you already have one registered with the landlord as the ESA. If you got a new dog and already had an ESA, then the landlord can ask you to rehome the new dog due to restrictions or require deposits, rent, and fees.
I have an emotional support dog and I babysit for my son at his house the landlord is trying to make me pay for a background check and to be put on the lease or we won’t be aloud over my son’s house is this legal
Allergies and Asthma are protected under ADA. Those with allergies and asthma have more rights than anyone with an emotional support pet. Those with allergies and asthma should work together to promote pet free spaces so those with ADA protections can have the option to stay in allergen free hotels, etc. Perhaps even sue airlines who kick ADA protected individuals off of airplanes so the emotional support pet can stay.
Unfortunately with applications for renters agreements most of them do state that the animal has to be at least a year old. I would double check your lease and if it doesn’t state that ask them where it does state that they have to be a year.
I have an em Orion companion dog for my daughter for her anxiety and depression
My landlord has now placed a sign saying our dog is not allowed in our complex outside area where my daughter spends apt of her time outside where I can see her and it’s a safe place for her.
So being that he is an emotional companion and we are on the property is he allowed to go outside with her?
Emotional Support Animals can be restricted from common areas, like the yard, or laundry rooms, etc. in order to protect other tenants. ESAs do not have the same right to access all common areas, as Service Animals do. So your landlord is within their rights to not allow the dog in the complex area (a common space for everyone). You need to remember that just as the dog provides comfort for your daughter, it can cause anxiety in others who are afraid of or dislike dogs. Some even have savage allergies to animals. I think a lot of people forget these aspects. The landlord may have even gotten complaints from other tenants, and this is why the area is now off-limits. Not everyone likes dogs, sorry to say. And the truth is, a dog who has always behaved well can get spooked or surprised or just overly excited and bite someone else’s child by mistake. Perhaps other parents also want their children to play safely in your complex.
Emotional Support Animals can also be removed from the tenant if the tenant does not clean up after the animal or prevent it from making excessive noise, like frequent barking, or are negligent and have an unsanitary apartment, or if the animal threatens any other tenant.
In addition, in these times of coronavirus, dogs can spread COVID-19 to humans. Dogs are less in control, and may be scary to other people because of this as well.
Yes, I just did this. A therapist wrote a letter for both of my cats to be my ESA’s in the same letter.
I had no idea that emotional support animals are allowed into any apartment or airline. This is great to know because my brother has an emotional support dog but the apartment complex he wants to move into refuses to accept the dog. I’ll tell my brother that it is against the law for them to do that and that he should fight against it.
My daughter’s doctor signed a paperthat she needed her dog for esa. Have to landlord their refusing it. What do we do now
Sorry to hear about your trouble. Unless the landlord has a specific condition to reject an ESA (like the animal is misbehaving or endangering other tenants), they cannot reject it. If your daughter is in possession of a legitimate ESA letter and the doctor’s license is valid in her state of residence, then you can file a complaint with HUD. You may this article on what to do if the landlord rejects an ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/
Animal control threatened to take my puppy because she “looks like a pitbull” and even though she’s ESA, “anyone can get a fake certification online.” What do I do if they try to take her away from me? She hasn’t done anything wrong.
ESAs are required by law to be allowed into the home. I don’t see any reason as to why any animal should he on a roof. If the animals are causing damages to the property, I am sure you may contact the ADA helpline for information on what you can do … 1-800-514-0301
As long as you have an ESA letter signed by YOUR personal doctor or therapist with contact information, no one can take your dog. Any letters or certifications you find online are invalid and will not protect you. The only online valid things are websites that will help to find a therapist or doctor near you who will help.
We have a no pet building policy and have several emotional support animals. We do not allow them on our rooftop. Is this an issue?
ESAs are required by law to be allowed into the home. I don’t see any reason as to why any animal should he on a roof. If the animals are causing damages to the property, I am sure you may contact the ADA helpline for information on what you can do … 1-800-514-0301
How, where, and to what agency do we report fake service animals??? I really need some help on this.
I would really like to know – how, or where, or to whom do I report a fake claim to be service dog?
Does an emotional support animal have to be with their owner all the time can they leave it at another person house while they stay at another house
No, an emotional support animal does not need to be with their owner at all times. In fact, ESAs cannot go everywhere as they don’t have universal access rights, unlike service dogs. Establishments, like restaurants and shops, are not required to let ESAs in. You may find this article on the difference between emotional support animals and service dogs interesting https://www.servicedogcertifications.org/the-difference-between-a-psychiatric-service-dog-and-an-emotional-support-animal/
To add to my previous statement, an emotional support dog is not trained to do tasks and provide a service to their owner. An ESA letter does not automatically make the animal a service animal. There is no such thing as a “federal service animal registration.” Therefore, no matter what documentation she has, unless the animal performs a task to assist her with x disability, the animal is not to accompany her anywhere outside of home or travel methods if her letter specifies.
How do I transfer my esa dog from indiana to Georgia, im moving in a month.
You need to inquire for an ESA letter from a licensed healthcare professional who is licensed in the state of Georgia. If your current LMHP isn’t licensed in Georgia, you need to look for someone practicing in your new state. Or you could get an ESA letter online through telemedicine. You’ll be matched with a doctor licensed in Georgia. They will assess your needs for an ESA and if approved issue a new ESA letter providing their own contact information for anyone to validate. You may find this article on how to get an ESA letter interesting https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/ Good luck with your move!
I am on antidepressants. Have anxiety. I have problems getting thru work and just want to get home to my dog. I want to get out once in awhile, but dont feel comfortable without my dog.
I have a letter from my doctor designating my cat as an ESA. I’m anticipating a custody issue with an abusive family member. Is there any way the family member can legally take the cat away from me when I able to leave this toxic household? I pay the vet bills, her prescription food, meds and special kitty litter.
I would suggest going to reddit and the specific forum r/legaladvice. That is a better place to ask this question.
Best of luck.
If I am
Wanting to lease a house and they have
No pets allowed can they decline me ?
With a proper ESA letter from a licensed therapist, the landlord cannot deny your ESA. The landlord could only deny your ESA in limited circumstances, such as if the animal poses a safety or health risk to others. You may find this article on what to do if the landlord rejects your ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/ Hope you can get the house!
Can esa be trained for military and service or is it against the law to train an esa for tatical and service animals
Can I have an ES dog on a part-time basis, e.g. weekdays? I would like and believe I would qualify for an ESA and have a relationship with my son’s dog who lives in the neighborhood. He has agreed to let the dog spend week-days with me if I can get the needed permission from my condo board. It would be great for me, and advantageous for both the dog and my son as well. I’d get the emotional support benefits with fewer of the burdens of full-time care, and the arrangement would have less of an impact on the condo community. What is the best way to accomplish this?
Simply a statement from your primary care provider that you require the assistance of a emotional support animal is all the law requires. Then ask you landlord for a reasonable accommodation to keep the animal when you deliver them the doctors letter. Hey cannot say what says you can or cannot have your animal after this point. Hope this helps. Im a trainer of service animals and very familiar with the laws. God bless…..
Animal control took my ESA and is now charging me to get her back, my landlord called them on her, we’re in the middle of moving, can either of them do this? My anxiety attacks haven’t stopped since we found out they took her 🥺
They violated the law if you doctor issued a letter for you to have your animal. The ADA in Washington has lawyers to help if you rites,under the ADA has been violated in any way.
Sara my take on this would be yes they are breaking the law BUT I am not a lawyer so I would suggest contacting a lawyer that knows the in/outs of this branch of the law. If cost is factor you can file a lawsuit that says the losing party pays both parties legal costs filing fees court costs etc(the lawyer will be able to walk you through this) Most lawyers will not charge for the first meeting where he or she will hear your side of things & should be able to tell you if you have a case or not(most lawyers will not take a case unless they feel they can win it)
Are emotional support dogs required to wear any type of identification i.e. a coat stating this fact? In my strata, a resident received approval, along with the necessary medical approval, to have an over-sized dog, based on the Strata by-laws. No problem. Initially the dog was wearing a ‘coat’ stating that it was a support animal, but the owner has also moved the animal through the building without the coat.
All owners know the stipulation about the size, or height of dogs allowed in the building, so we want to confirm for them the reason for this particular dog being in the building. The wearing of the coat would eliminate any potential problems.
Do you agree, and can we request, or insist, on the wearing of the coat.
Sincerely,
Michael Rouch
There are no laws or requirements for an ESA to wear a vest. The only requirement is that the ESA owner can provide a legitimate ESA letter from a verifiable therapist who is licensed in the state of residence. You may find this article on the landlords’ rights for emotional support animals interesting https://www.servicedogcertifications.org/landlord-rights-emotional-support-animals/
What type of dogs can be ESA?
Any breed of dog can be an emotional support dog. As long as your dog does help you with your emotional or mental disorder, it can become an ESA. However, out of courtesy to others, your dog should have gone through some basic training and not in any way be a danger to others. Landlords may be able to remove an ESA if it’s deemed unruly or a threat to other tenants. You may find this article on how to qualify for an ESA interesting: https://www.servicedogcertifications.org/how-to-qualify-for-an-emotional-support-animal/
My doctor said that if she referred me for an ESA animal that if that animal ever hurt someone she would be held responsible. Is this accurate? Because I feel like I would be held responsible for that even though the animal I would get is going to be trained. Since my family works for a protection dog sales.
That is not true. The doctor that issues an ESA letter simply attests that you have a condition where an emotional support animal can help alleviate the symptoms. They are not in any way responsible for the animal. If your therapist is unaware of the ESA requirements or does not want to issue an ESA letter, then you are allowed to get a second opinion from another therapist. You may find this article on how to get an ESA letter interesting https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
It’s strange how depression and anxiety disorders are considered disabilities under the ADA but the animals we have to alleviate those emotional and mental issues are not protected under the ADA as well. Hopefully this changes soon.
Why is it that under the ADA mental disabilities are counted, but the animals meant to help those disabilities dont get those privilages. I have Anxiety, PTSD, and Depression, which is acknowledged under the ADA but i cant take the animal who helps me with that out and about, which is where i get triggered???
Psychiatric service dogs ARE considered service dogs, as long as they are properly trained. You may find this article helpful: https://www.servicedogcertifications.org/psychiatric-service-dog/
I live in Maine and I have a perscription for my yellow nape Amazon parrot, as a emotional support animal. The only place that has said that he had to go was McDonald’s in Augusta Maine
Unfortunately, ESAs do not have general public access rights under the law. They are generally only accommodated in housing.
Hello my name is tasha I was wanting to know how much would it be for me to get my dog to be a Emotional Support Animal
In order to qualify for an ESA, you need a recommendation letter from a licensed healthcare professional. The cost you would pay is for the healthcare professional’s evaluation and time. Please visit this page for more information on how to qualify for an ESA letter online: https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
I was wondering if you could have multiple dogs registered to become emotional service dogs
To clarify, an animal can either be an emotional support animal or service dog. Neither have to be registered, and it is possible to have multiple ESAs or service dogs.
I was just told we can only have two pets registered with ESA, by law…
You do not ever need to register an emotional support animal, that is an optional step that no one can require. You are allowed to have more than 2 ESAs, but each one must be covered by a recommendation letter from a licensed healthcare professional. Please see this link for more details: https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
Can a condo association revoke an ESA permission if the owners violated the condo rules without a first warning?
We can’t comment without knowing the nature of the violation, but landlords can reject ESAs if they pose a direct threat to the health and safety of others. The tenant is also subject to being evicted if they have violated some other building rules that merit an eviction.
Do I need to get a letter for each ESA I have or does one letter cover them both? The letter I have from my PCP does not specify but also says my specific medical conditions for wanting a esa. Which is against HIPPA laws.
You can either have a letter for each ESA or one letter that covers both ESAs.
My apartment complex is telling me with a doctors letter about an emotional support dog because they are a no pet complex I can not have an emotional support dog. I am on disability and I have a letter from my Psychiatrist, and they are telling me no pets.
ESAs are not considered pets under HUD’s guidelines. Landlords must reasonably accommodate emotional support animals even if the building prohibits pets.
I hope you got this taken care of!
Can you have more then one emotional support animal in the state of Wisconsin? For an example one dog and one cat. I ask because different animals can provide different types of support.
Yes, you are allowed to have more than one emotional support animal. Your ESA letter must cover each animal. Please see this post for more information on how to get an ESA letter: https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/
Emotional support animals do not have any public access rights under the ada law. You are giving false and illegal information out. Do better. Emotional support animals can only go in pet friendly places. Websites like this is the reason many service dogs get attacked by esa. Emotional support animals can not go into non pet friendly stores! Why is that so hard to understand?
We’d ask you to please read this article again – the entire point is to educate people regarding the point you are making, that emotional support animals do not have public access rights.
I am in the process of getting a lab puppy and interested in training for emotional support animal. I want to be able to bring to say, nursing homes, children hospitals etc. Where exactly do I start?
It seems what you are interested in is a therapy dog, not an emotional support animal. ESAs are used by their owners for a mental health disabilities whereas therapy dogs provide comfort to others, often in group settings. Unfortunately we do not provide referrals for therapy dog training.
I have a support dog and have this years documentation in form of letters certifying that she qualified, but I never got a card to carry in my wallet. How do I get one?
If you already have an ESA letter from a healthcare professional we can help you with an ID card here: https://www.servicedogcertifications.org/emotional-support-animal-id/
how about train travel??
Emotional support animals do not have legal rights when it comes to access on trains.
This is fantastic. Many people don’t realize the difference between ESAs and service dogs, nor the rights that ESAs have. ESAs offer amazing therapeutic benefits to college students, and they should be talked about more in schools around the country. Being able to bring your ESA with you to school allows you to feel less stressed, less lonely, and more motivated. And that’s just mentioning a few benefits!!! Thank you for talking about ESAs certifications. More people need to educate themselves on this important subject.
Thank you for the compliments! We appreciate your kind words.
What about leashing policies? Are emotional support animals required to be on a leash, especially in public areas?
ESAs do not have public access rights. In the U.S. they are limited to housing rights.