Our Most Common Questions about Emotional Support Animals (ESA’s)

Listed below are the most common questions we receive regarding Emotional Support Animals. Please note that ESA rules and regulations vary by state and an Animal Lawyer like The Animal Firm can help you understand your legal protections in your state.

What is an Emotional Support Animal?

The first important thing to know about emotional support animals is that they are not the same as service animals. An ESA is responsible for providing emotional support, companionship, and therapeutic benefits to someone who has physical or mental disabilities. Unlike service animals who are highly trained for specific tasks, emotional support animals provide general emotional support.

Do Emotional Support Animals have legal protections?

Despite the fact ESA’s are less highly trained than service animals, this does not mean they are your standard pet. In fact, your ESA does come with some legal protections. Because of this, for someone to have a legally certified ESA they must have a diagnosed and qualifying disability, as well as a prescription letter from a licensed professional.

How can I qualify for an ESA?

If you believe that an emotional support animal is right for you, you will need to go through the process of getting a prescription for one from a certified medical professional. This “prescription” is a signed letter that certifies you have a mental health condition or disability that an animal is necessary to help treat. You can either have a current pet certified, or you can get a new ESA.

Does my state recognize emotional support animals?

In the United States the right for qualified citizens to have an ESA is enshrined in federal law through the Fair Housing Act. This means that all 50 states provide protections for owners of an ESA when it comes to providing accessible housing. However, some states have additional laws provided for ESA protections, so we recommend researching your state specific laws.

What rights are provided to me and my ESA?

As previously mentioned the right to an emotional support animal is enshrined in United States federal law through the fair housing act. This means that ESA’s provide certain housing privileges. These rights include a guarantee (with some exceptions) that your landlord must permit your ESA to live with you. They are not allowed under federal law to place restrictions on your ESA based on breed or size, charge a pet deposit, or prevent you and your ESA from enering common areas in your housing. Essentially, restrictions that landlords place on standard pets do not apply to ESA’s in most scenarios.

While there are housing protections provided for owners of emotional support animals, it is important to understand that the protections provided are less extensive than servie animals. If you want to learn more about the difference between the two in your home state, some quick research can do wonders for clarification.

Do you need help with your situation and the legal rights of an Emotional Support Animal? Contact an experienced animal lawyer today to talk about your specific situation.