Emotional Support Animal Laws

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 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 It was originally enacted in 1968 as part of civil rights legislation and amended in 1988 to include protections for people with disabilities.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.

    Emotional Support Animal vs Service Dog - Infographic

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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.

    Three easy steps to get an ESA Letter with ESA Doctors

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    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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