So, you’ve thought of getting an emotional support animal (ESA). Emotional support animals are for people suffering from mental illness or emotional distress. It’s important to know the legal process and rights surrounding your therapy animal. They provide different aid than service animals, however they have their own rights and set of laws that protect them.
To qualify for an ESA, first you’ll need a qualifying letter from a licensed mental healthcare provider. Some examples are a psychologist, psychiatrist, nurse practitioner, social worker or counselor. This letter is crucial in order to receive legal protection that surrounds ESA’s.
Emotional support animals are different from pets and receive certain rights. They can accompany their owners in housing, even if the building has a no-pet policy, under the Fair Housing Act. Air travel is different: since a 2021 Department of Transportation rule change, airlines are no longer required to allow ESAs in the cabin — it's now up to each airline's own policy, so check directly with your airline before flying.
However, there are a lot of stigmas surrounding mental illness. That’s why it’s important to make yourself aware of ESA laws and who handles them. That way, you’ll know what to do and where to turn if you encounter discrimination.
Are there people who work specifically with ESA Law?
ESA’s provide emotional assistance differently than pets or service animals. They give people the chance to travel and enjoy housing with the same ease that non-disabled people can. ESAs help with illnesses that are mental, not physical, which is why there is more room for discrimination given the lack of visual cues.
Thankfully, there are certain ESA laws to protect you in those situations. Since they provide comfort instead of service, ESAs aren’t allowed everywhere. ESAs may not be welcome in movie theatres, cafes, shops, or other non-essential locations. They receive strong legal protection in housing. Air travel is no longer a guaranteed right — since a 2021 DOT rule change, it's up to each airline's own policy.
Fair Housing Act rules allow people with mental and emotional disabilities to have their ESAs at home. This gives them equal opportunity to enjoy their living situation. An emotional support animal can be used to soothe anxiety, phobias, or depression. Many people have found tremendous therapeutic benefits from the companionship of an ESA in the home.
Landlords cannot discriminate against an ESA because of their breed, and they can’t charge you extra fees for housing accommodation. Airlines are different: since 2021 they are no longer required to accommodate ESAs at all, so any pet fees or breed restrictions they apply are entirely up to their own policy. It is also possible that very large ESA’s or ESA’s that are exotic animals can be banned from certain locations.
If you run into any discrimination regarding your emotional support animal, there are two departments you can contact for help:
1. United States Department of Housing and Urban Development (HUD)
Housing providers may not deny a reasonable request for an ESA because they are unsure of the validity of the owner’s disability. This is a violation of the Fair Housing Act. We’ll go more into specifics of the Fair Housing Act below.
If you have encountered any legal issues or discrimination regarding housing and your ESA, please contact the U.S. Department of Housing and Urban Development (HUD).
They can be reached by phone (1-800-669-9777) or you can go online to file a complaint. Please note that it might not be considered a reasonable request to have an exotic or potentially dangerous animal as an ESA.
2. Department of Transportation
Since a 2021 Department of Transportation rule change, airlines are no longer required to follow the ESA travel policies that used to apply under the Air Carriers Access Act — that protection now covers only trained service animals. If an airline chooses to accommodate your ESA, it may still charge the standard pet fee or ask for documentation, entirely under its own policy, so check directly with the airline before you fly.
If you believe you’ve experienced disability-related discrimination during air travel (for example, involving a trained service animal), you can contact the U.S. Department of Transportation.
They can be reached by phone (202-366-2220), or you can go online to file a complaint.
Where do I go to find out about laws surrounding ESA’s?
To find out more about ESAs as protected by federal law, you should become familiar with The Fair Housing Act (FHA) and The Air Carriers Access Act (ACAA) :
The Fair Housing Act
The Fair Housing Act restricts discriminatory behavior in housing, such as:
- Landlords may not impose breed, weight, and size restrictions on ESAs.
- Landlords may not charge extra fees or deposits related to ESAs.
- Landlords may not request additional medical information outside of your qualifying letter.
- Landlords may not ask to contact the health provider that issued your ESA letter.
- Landlords may deny an ESA if it would impose a major financial burden or if they believe the ESA poses a threat to the health and safety of other tenants in the building.
The Air Carriers Access Act
The Air Carriers Access Act used to place regulations around airport behavior and ESA travel, but since a 2021 Department of Transportation rule change, it no longer covers emotional support animals — only trained service animals keep these protections. For ESAs, air travel is now entirely up to each airline’s own policy, which may include:
- Charging the standard pet fee for your Emotional Support Animal (ESA)
- Setting their own restrictions on weight and breeds of ESA dogs, cats, or other animals.
- Requiring you to contact them at least 48 hours before your flight to submit any required forms.
- Requesting forms from your veterinarian about your ESA’s health.
- Declining exotic or unusual animals such as snakes, spiders, rodents, etc.
Check directly with your airline well before booking to understand its specific ESA policy.
Obtaining Legal Protection
In order to receive legal protections from the laws stated above, it is important that you get a valid, Emotional Support Animal qualification letter from a licensed therapist. The letter must state that you receive therapeutic benefits from an ESA.
You must schedule an assessment with a valid licensed mental health care professional to receive your ESA letter. This can be done in person or via an online consultation. It is important to first check that the state you reside allows for an online consultation.
You can find more information and advice on ESA law through online research, or by visiting The ESA Registration of America’s website.
Conclusion
If you’re considering the therapeutic benefits of an emotional support animal, it’s important to become familiar with the legal process surrounding ESAs.
First, obtain a qualifying ESA letter from a licensed mental health care professional. Once you’ve done that, familiarize yourself with the Fair Housing Act, which protects your housing rights. Air travel is no longer guaranteed under the Air Carriers Access Act, so check with your airline directly before flying.
Although ESAs receive fewer freedoms than service animals, they still qualify for housing protection under the Fair Housing Act. Air travel is no longer a guaranteed legal right and depends entirely on each airline’s own policy. If you are seeking advice or have been subject to housing discrimination, contact the United States Department of Housing and Urban Development by phone or file a complaint online.
