Emotional support animals help, but with fewer rights than service animals.
The lines can be blurry when it comes to classifying animals that assist people in numerous ways. Let’s explore this class of animals and discuss their use, regulations and challenges when gaining access to public spaces, renting homes or flying.
“I had moved a long way from home, grew very homesick and experienced other personal issues,” said Emma, who is in her mid-20s, “and I ultimately developed mental health difficulties. I met with a therapist, and it was suggested that I may need a companion that would force me to get out of the house more often.”
How Emotional Support Animals Differ
According to the American Kennel Club, animals have been aiding and working with humans since ancient times. Dogs, specifically, help blind people navigate, function as ears for the deaf, can detect the onset of a seizure or a drop in the blood glucose level, among many other functions. Their common connection, though, is that they are trained specifically for that purpose.
Emotional Support Animals, or ESAs, are animals that can be one of several species and provide comfort to people experiencing challenges such as depression, anxiety, post-traumatic stress disorder, phobias and other conditions.
Common support animals include dogs, cats, rabbits, hamsters and birds. ESAs are pets, not service animals, and do not receive specialty training. They provide companionship and help their owners cope with challenges that can negatively affect their activities of daily living and quality of life.
Psychiatric Service Animals vs. ESAs
To blur the line further, there is a class of service dogs known as psychiatric service dogs, and they are recognized by the Americans with Disabilities Act as service animals because they are trained to help their owners with a specific issue, such as detecting the onset of a psychiatric episode. An ESA might cuddle with their owners and help them cope with life situations, but they do not undergo specific training to do so.
Because they are not service animals, ESAs do not enjoy the same privileges when it comes to entering stores, restaurants and other public venues. They do enjoy some protections under federal law related to housing and, to some extent, air travel.
What Makes an ESA Legal
For an animal to be legally classified as an ESA, it needs to be prescribed by a psychiatrist, psychologist or mental health therapist who certifies that the animal is required because of the pet owner’s mental condition. A specific medical diagnosis is not necessary, but the certifying letter must state that the animal alleviates the symptoms of a mental or emotional condition.
Unfortunately, there are many online mills that will provide an instant, downloadable ESA certificate for a fee. Some people seek these certificates for their regular pets to skirt rent deposits and restrictions on their pets.
Legitimate ESA letters usually are printed on the letterhead of the mental health professional, contain the person’s credentials, the condition being treated, signature, contact information and date.
Housing Protections Under Federal Law
Obtaining rental housing for a person with an ESA has become easier, thanks to the federal Fair Housing Act. For practical purposes, the act prohibits discrimination against a person with an ESA and a mental or emotional condition.
Rules related to pet bans, animal or breed restrictions, pet deposits or increased rent are not permitted under the act. The ESA owner, however, can be charged for damages related to an animal’s behavior.
“I’ve never had an issue renting an apartment,” said Emma, who adopted a rescue dog named Colt, and they seemingly rescued each other.
ESAs and Air Travel
Traveling on airlines is a bit trickier with an ESA. In general, most airlines treat ESAs as pets, requiring a pet fee, health records of the animal and compliance with the animal being less than 20 pounds and able to fit under a seat in a carrier. The best advice is to contact the airline as much as two weeks ahead of the flight and have all documentation ready.
ESAs perform vital roles for people with mental or emotional conditions, and their use is steadily increasing.
By D.J. Thatcher
