“An emotional support animal (ESA) is a companion animal which provides therapeutic benefit, such as alleviating or mitigating some symptoms of the disability, to an individual with a mental or psychiatric disability. Emotional support animals are typically dogs and cats, but may include other animals. In order to be prescribed an emotional support animal by a physician or other medical professional, the person seeking such an animal must have a verifiable disability. To be afforded protection under United States federal law, a person must meet the federal definition of disability and must have a note from a physician or other medical professional stating that the person has that disability and that the emotional support animal provides a benefit for the individual with the disability. An animal does not need specific training to become an emotional support animal.”—Wikipedia
In the United States, mentally disabled persons are protected from discrimination in housing under two federal statutes, Section 504 of the Rehabilitation Act of 1973 and the Federal Fair Housing Amendments Act of 1988 (FHAA). These statutes support the general rule that a landlord cannot discriminate against disabled persons in housing. If a reasonable accommodation can allow a disabled person to “equally enjoy and use” a rental unit, the landlord must provide the accommodation.
Persons with disabilities may request a reasonable accommodation like the waiver of a “no pets” policy for any assistance animal, including an emotional support animal, under both the FHAA and Section 504.
Section 504 states: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
“To establish that a ‘no pets’ waiver for an emotional support animal is a reasonable accommodation under Section 504, the tenant must: have a disability, be ‘otherwise qualified’ to receive the benefit, be denied the benefit solely because of the disability, and the housing authority must receive federal financial assistance. Courts have held that ‘otherwise qualified’ means that the tenant must be able to meet the requirements of the program in spite of the handicap. Also, the tenant must be able to meet the general rules of tenancy, such as cleaning up after the animal and walking the animal in designated areas.”—Wikipedia
Only housing authorities receiving federal financial assistance are subject to Section 504, but both public and private housing authorities are subject to the provisions of the Fair Housing Act.
“The FHAA states that it is unlawful ‘to discriminate in the sale or rental . . . of a dwelling to any buyer or renter because of a handicap of that buyer or renter, a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or any person associated with that buyer or renter.’ Further, it is discrimination for any person to: ‘refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.’ Thus, like Section 504, the FHAA requires landlords to make reasonable accommodations for tenants.
“[T]he FHAA, in section 3602 (h), defines handicap, with respect to a person, as: (1) a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. The term ‘major life activities’ has been interpreted broadly to include those ‘activities that are of central importance to daily life,’ such as ‘seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, and reproducing.’”—Wikipedia
The tenant has what is called an “affirmative burden” to request reasonable accommodation, like the waiver of a “no pets” policy for an emotional support animal. The tenant may meet the “burden of proof” by providing a letter from their physician stating that the tenant has a mental disability and explaining that the animal is needed to lessen the affects of the disability. The tenant then requests that the animal be allowed in the rental unit as a “reasonable accommodation” for the mental disability.
“Although the Fair Housing Act covers both multi- and single-family detached homes, the sale or rental of a single-family dwelling by an owner is exempt from the statute. There are two exceptions to this exemption, however. One is that the exception will not apply if the private individual owner owns more than three single-family homes. The other exception to this exemption is the use of a real estate agent or a broker to rent out the home. A tenant may be awarded actual and punitive damages, injunctions, and attorney fees at the discretion of the court for a landlord’s violation of the FHAA.
“However, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the statutes may not protect the tenant and the landlord does not have to allow the tenant in the housing or waive a “no pets” policy. Another legal issue may arise if the tenant becomes unable to properly care for his or her emotional support animal. If a tenant is neglecting his or her emotional support animal and it rises to a level where the animal is endangered, then it may become a criminal matter. If any animal is being neglected, local law enforcement or animal control can intervene. Moreover, a tenant would also be subject to all the other provisions of the lease, such as maintaining his or her residence in a sanitary manner.”—Wikipedia
Landlords “may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.” Landlords, however, may be able to bill for reasonable fees after the fact for damage done by the tenant and their emotional support animal.
College dormitories and residence halls of public universities are required to comply with the Fair Housing Act, which includes allowing emotional support animals.
“The Air Carrier Access Act establishes a procedure for modifying pet policies on aircraft to permit a person with a disability to travel with a prescribed emotional support animal, so long as they have appropriate documentation and the animal is not a danger to others and does not interfere with others (through unwanted attention, barking, inappropriate toileting, etc.).
“In regards to airline policies affecting persons flying with animals, most airlines charge fees and require the animal to be in a cage that can fit under the seat; if a caged animal cannot be placed under the seat, the animal flies with the luggage. With emotional assistance animals, on the other hand, they are not required to be caged, nor are people charged for flying with an emotional support animal.”—Wikipedia
It’s not unusual for people to attempt to fly with what they claim to be an emotional support animal. In most cases, their goal seems to be to avoid extra fees and to allow the animal to ride uncaged with them in the passenger section of the plane. Many airlines have adopted policies that passengers flying with emotional support animals must follow. Airlines are allowed to require a person wishing to travel with an emotional support animal to provide written documentation that the animal is an emotional support animal. The same is not true for a service animal.
It is, in fact, the difference between emotional support animals (usually cats or dogs but other animals, too) and service animals (dogs and miniature horses only) that is the basis of a great deal of misinformation and many wrong assumptions today.
- An emotional support animal is not required to have any special training, nor any training at all. Because of this lack of training, an emotional service animal may behave inappropriately in public—barking, sniffing, interfering with others (human or animal), eliminating, being a general nuisance.
- Service animals, on the other hand, are required to have special training to behave appropriately at all times.
Clearly, persons with service dogs can suffer from the bad behavior of untrained animals being presented as having the same rights of access as service dogs. Persons with legitimate emotional support animals have rights of access in housing and in airplane travel. They do not have the same rights of access as persons with legitimate service animals in other areas. By claiming rights they do not have, people who present their animals as having rights of access where they legally do not have those rights jeopardize the rights of persons with legitimate service dogs and emotional support animals.
