If you’ve ever seen a dog on a plane, in a college dorm, or walking around in a grocery store, and wondered “What’s that about?”, you’re not alone. Usually, when you see an animal (typically a dog) in a place where pets aren’t allowed, it means that the pet in question is an Emotional Support Animal (ESA).
In this article, we’ll be talking about what Emotional Support Animals are, how they differ from service animals, and the legal protections that they have. We’ll also be talking about how to qualify for an ESA, so stick around.
What Are Emotional Support Animals?
Emotional Support Animals provide comfort and support to people who are dealing with mental or emotional challenges (like anxiety, depression, and post-traumatic stress disorder).
Unlike service animals, which are trained to perform specific tasks for people with disabilities, ESAs don’t require any special training. Their presence alone helps to alleviate symptoms. We’ll be talking about ESA guidelines and support in more detail below.
Service Animals vs. Emotional Support Animals
It’s easy to confuse ESAs with service animals.
However, they’re actually quite different. Service animals (usually dogs) are trained to perform tasks for people with disabilities (for example, guiding a visually impaired person or alerting someone before they have a seizure). Under the Americans with Disabilities Act (ADA), they have access to most public places.
ESAs, on the other hand, don’t have to perform specific tasks. Their job is to provide emotional comfort to their person. Because of this, ESAs don’t have the same legal access as service animals do.
For example, you usually won’t be able to take your ESA into a movie theater or restaurant where pets aren’t allowed.
Legal Protections for ESAs
ESAs may not have the same freedoms as service animals, but there are still laws in place that offer them and their owners certain protections. For example:
Fair Housing Act (FHA)
The FHA prevents landlords from discriminating against tenants who have disabilities. If you have an ESA, your landlord must make “reasonable accommodations” for you. They cannot charge you pet fees or deposits for your Emotional Support Animal, either.
Air Carrier Access ACT (ACAA)
The ACAA used to allow ESAs to fly with their owners in the cabin at no extra charge. Recently, though, airlines are no longer required to treat ESAs the same as service animals. This means you might have to pay fees or have your ESA travel in a carrier when you go on a plane.
Americans with Disabilities Act (ADA)
ESAs aren’t covered by the ADA, since, unlike service animals, they aren’t trained to perform specific tasks for people with disabilities. This means businesses aren’t required to allow Emotional Support Animals in places where pets aren’t usually allowed.
How to Qualify for an ESA
If you think you might benefit from having an ESA, there’s a specific process you’ll need to follow:
Consult a Licensed Mental Health Professional
You’ll need to speak with a therapist or psychiatrist in order to qualify for an ESA. They’ll be able to evaluate your condition and determine whether or not an ESA could be beneficial.
Obtain an ESA Letter
If your therapist or psychiatrist agrees, they’ll provide an official letter stating that you have a mental or emotional disability and that an ESA is part of your treatment plan. You can present this letter to landlords and airlines if they give you trouble.
Avoid Fake Certifications
You should also be cautious of websites that offer “instant” ESA certifications. Legitimate ESAs require a recommendation from a licensed mental health professional. Usually, fake ESA certification websites are trying to scam you, which is why it’s so important to be careful.
Conclusion
Emotional Support Animals can be lifesaving for a lot of people with emotional disabilities. They may not have the same legal status as service animals, but some laws (like the Fair Housing Act) still provide important protections for these animals and their owners.
If you or someone you know might benefit from having an ESA, remember that this process starts with talking to a mental health professional. Avoid fake certification websites, always carry your official ESA letter with you, and be understanding if some public places aren’t able to accommodate your ESA.
