What is an Emotional Support Animal?

While the U.S law states an emotional support animal is not a pet, they are not allowed in non-pet friendly spaces with the exception of housing. ESA's are covered by the FHA or the Fair Housing Act. This law states that a landlord must accept ESA's into non-pet friendly housing or to not require a fee. Many pet - friendly residences require a pet deposit and/or a monthly fee. ESA are omitted from this fee. 

So how is a service animal and an ESA different? A service animal is a dog or a miniature horse that is trained to work or preform tasks to mitigate their handlers disability.  An ESA provides comfort by their mere presence to an individual. ESA's requiring no formal training and have to public access rights.  The Air Carrier Access Act treated ESA's the same as service animals until January 11th 2021 where the Department of Transportation took this way. ESA's are now to be treated as pets and must follow any rules that a pet would follow. This could mean fees, breed restrictions, crate requirements, etc.... An ESA could be any animal such as a cat, guinea pig, or fish to name a few. While service animals are not restricted on breed, they must be a dog or miniature horse.

EMOTIONAL SUPPORT ANIMAL REGESTRIES ARE FAKE. Their is no legal database for ESA's. To obtain an ESA you must fit the definition of disabled and the animal must provide support that alleviates one or more symptom of the disability. A letter should be written by a certified healthcare provider stating that this animal falls under the above criteria. Examples of healthcare providers include

1. Psychiatrist

2.Physcian

3. Psychologist

4. etc...

A letter should include the following information:

1. Demographics. This should include the animals species, breed, weight, eye color, spayed/neutered status, any other identifying markers.

2. The letter should state that the animal is for a diagnosed disability. It is not required to state the disability.

3. The letter should be written on the doctor's office letterhead and have the practicing doctor's license number. It should be signed and dates as well. Letters are only good for one calendar year and must be renewed annually.

4. The doctor should include how long they have been seeing you as a patient and what symptoms the animal would alleviate. 

5. Mention of the FHA would not hurt incase the reader of the letter needs to be educated.

6. The patients name and date of birth. This is to link the animal to the handler.

Can I have multiple ESA's? The simple answer is: yes. In order for this to occur a separate letter is required for each animal.

When can my ESA be denied? If the animal compromises the safety of the other tenants or their property a landlord does not have to waive their no pets policy. If the tenant becomes unable to care for the animal properly the handler may loose possession rights. In addition to this, if their are signs of neglect or abuse law enforcement and animal control officers may intervene. It is important to remember this is an accommodation. If more reasonable accommodations exists and the tenant has failed to provide proper documentation, the accommodation does not have to be granted. 

Can my ESA come to college? Public universities are required to comply with the Fair Housing Act allowing ESA"s into dormitories. It is important to note this is the only space the animal is allowed as it does not have public access. Dining locations, book stores, and classrooms do not have to allow ESA's.

Can my ESA come to work with me? Only service animals have public access. Please check with your human resources department for details.

Overall, ESA's are very beneficial to their handlers and can be a great addition to treatment.