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Are Landlords Able to Deny an ESA?

If you have an emotional support animal, you may be under the impression that you can take them everywhere. That’s one of the principal advantages of obtaining your emotional support dog registration in the first place – helping you identify your animal to the public. If you get anxious in crowds or tend to feel isolated and insecure when you’re in unfamiliar environments, having an ESA can help settle your nerves and ease your anxiety. What if you’re moving to a new place? If you’re considering renting a new apartment, is your landlord required to accept your emotional support animal when you move in? Here’s what you should know regarding landlords and your rights to an ESA.

Protection from No Pets Policies

Landlords are allowed to restrict their tenants from having pets. It’s common for them to place restrictions so that pets are prohibited, or they limit the kinds of animals permitted based on species, breed, or size. Emotional support animals, however, aren’t considered pets. They provide necessary assistance to people with physical or mental disabilities, so they must be allowed in all apartments under federal fair housing laws.

Federal Fair Housing Act

It’s a violation of federal law to discriminate against people with disabilities. People who require the services of an ESA are considered disabled and are, therefore, protected. This means that the landlord must make reasonable accommodations for the disabled individual. Among these reasonable accommodations is allowing the tenant to have an emotional support animal. ESAs are usually dogs, but the landlord must permit dogs, cats, or any other animal who has ESA certification.

Questions You Can Expect from a Landlord

If you intend to move into an apartment with your ESA, and that apartment doesn’t usually allow pets, you can anticipate that the landlord will challenge you on the necessity of having an ESA. While the law doesn’t require you to show or explain your disability, landlords are allowed to ask for proof that a disability exists. Make sure you have an ESA letter from a licensed mental health professional explaining that you need your emotional support animal.

If you don’t have a therapist or your therapist is unwilling to write an animal emotional support letter, National Service Animal Registry (NSAR) offers a NO-RISK [emotional support animal letter](/esa-letter.html) assessment. National Service Animal Registry is the original and most trusted and referred online provider of ESA prescription letters in the United States, equipped with an extensive network of experienced licensed therapists across the nation who specialize in ESA assessments.

The landlord may want to know in what way the ESA assists you with your disability, but the letter is all you need to show them. Once you’ve proven to the landlord that you have a mental illness and that your ESA is necessary, then the landlord must permit your emotional support animal as part of the rental agreement. You can expect to follow the same process if you get an ESA after you’ve already moved into an apartment. Just because you get an emotional support animal after you’ve lived in an apartment is no reason for a landlord to evict you due to a no pets policy. Simply show them your ESA letter, and they’re required by law to accept your emotional support animal.

If you don’t have an ESA yet, but wish to get one or have your current pet registered as an ESA, contact the National Service Animal Registry. We register emotional support dogs for people just like you so you can get the valuable assistance and support that only ESAs can provide.

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Emotional Support Animals and Michigan Law

In March 2020, a bill was passed in The Michigan House that has made the laws around registering an Emotional Service Animals more restrictive.

Currently, the laws governing Emotional Support Animals are open to abuse by some people who falsely register their pets. Some scammers capitalize on privileges enjoyed by people who have Emotional Support Animals, such as free air travel for their animal or to be able to live with them in an apartment building or house where animals are usually not allowed.

Most advocacy groups welcome a discussion about tightening the law to prevent these abuses. But does this law go too far? Will it adversely affect people who genuinely depend on their Emotional Support Animal?

In this post, we’ll examine the changes in the law and both sides of the argument. Is the Misrepresentation of Emotional Support Animals Act a positive or negative development? Let’s find out.

The Law

First of all, what are the changes that have been introduced by House Bill 4910, and what do they mean for people who genuinely need their Emotional Support Animal?

First, this law has made it illegal for people to misrepresent themselves as a person with a disability, or their pet as an Emotional Support Animal.

It is also now lawful for housing providers to require documentation from the applicant’s healthcare provider in order to validate that they need an Emotional Support Animal. This healthcare provider must have treated the person in the last 6 months and provide a notarized letter to prove it.

In another departure from the current law, the authorizing healthcare provider has to be registered by the State of Michigan, or the state where the person has lived in the last 180 days. In addition, the healthcare provider must have registered business premises – a move that prevents people from acquiring online certifications from providers who don’t have a physical office.

If anyone is caught breaking this law they could be required to pay up to $500 in fines and 90 days in prison or 30 days community service. Housing providers who find their tenants have abused the system will lawfully be able to terminate their lease and evict them.

Service Animals

Service Animals are not affected by these changes in the law.

In the Americans With Disabilities Act (ADA) Service Animals are defined as animals that have been trained to do specific tasks for someone with a disability. Even though Emotional Support Animals are often used as therapy animals for people with disabilities, they are not considered Service Animals by the ADA.

In Michigan, animals are not allowed to be registered as Service Animals based on a claim that they provide emotional support.

Abuse Of The Law

Currently, the main requirement in order to register a pet as an Emotional Support Animal in Michigan is to provide a therapist’s letter confirming that the person has a disability and requires an animal for psychological support.

This system is open to abuse as some people get their letter from a dubious website broker who acquires letters from clinicians based on rudimentary telephone consultations or answers provided in a questionnaire. These sites also sometimes misrepresent their sales of merchandise such as support vests and tags which they suggest are mandatory, when in fact, they are often not required in law.

Abuse of the system has a number of effects. There have been reports of fake Emotional Support Animals causing a public disturbance or even harming members of the public.

Abuses such as these also make life more difficult for people who genuinely rely on their Emotional Support Animals, as they can undermine the public’s belief in the system and make all Service Animals and Emotional Support Animals the subject of suspicion.

The increase in the number of fake Emotional Support Animals has also led to some service providers such as airlines and taxis clamping down and tightening their rules. This can make it more difficult for people with a genuine need for an Emotional Support Animals to use the service. These restrictions can greatly impact the lives of people who often already have difficulty with day to day life.

Is The New Law Too Restrictive?

While we fully support tightening the law to crack down on people who abuse the system by having their pet falsely prescribed as an Emotional Support Animal, we are concerned that this change in the law will make it more difficult for people who genuinely depend on their ESA in order to go about their day to day life.

We are particularly concerned that people who require their ESA for psychological support will find it too difficult to use public transport, taxis or fly, and that they might face eviction from their homes.

It remains to be seen what the effects of these changes in the law will be. We’ll be keeping our eye on the situation, and will be sure to keep you informed. In the meantime, if you want or need to register your emotional support animal or service dog, National Service Animal Registry can help. They have the answers and services you need.

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Why You Should Make your Pet an Emotional Support Animal

Do you suffer from emotional or psychological issues? Do you depend on your pet to provide comfort in stressful situations? Have you ever felt unable to cope in a public place because you didn’t have your animal friend to keep you calm?

If the answer to any of these questions is yes, have you considered registering your pet as an emotional support animal?

Imagine how much easier life would be if you could be out and about with your emotional support dog, cat, or animal and not have to explain why you need them with you? Imagine having the peace of mind to know you could take them in the cabin of a plane without having to pay extra costs, or that you won’t ever have to justify them to your housing provider.

Maybe you already know that registering your pet as an emotional support animal would make a huge difference in your life, but you’re unfamiliar with or worry about the process.

We want you to know you are not alone. We have been helping people with emotional support animals for over 25 years, and we can use our knowledge and experience to guide you through the entire process. We can help you get the correct documentation, complete a lifetime registration, and even advise you about the equipment you need for your animal friend.

Registering your pet as an emotional support animal (ESA) is quick, easy, and affordable. Let’s start by outlining everything you need to know.

Ready to get started straight away? Click here to register your ESA

What is an Emotional Support Animal (ESA)?

Although an emotional support animal often starts out as a pet (dog, cat, and other domestic animals), for people who are living with an emotional or psychological health condition, they become so much more.

Unlike service animals, ESAs are often not trained to carry out specific tasks like service animals, but they help people with mental health conditions stay calm in a situation that might otherwise be a trigger for their symptoms.

For many people living with emotional or psychological health conditions, the presence of their emotional support animal gives them the support they need to get through daily life.

People with an emotional support dog, cat or other animal sometimes have conditions such as anxiety or depression. Others have emotional problems such as relationship issues that make coping with certain situations or daily life difficult. It could also be as simple as a fear of flying or another phobia that makes going on a trip or doing something related to their phobia unthinkable if they are not accompanied by their furry companion animal.

In order for a pet to become a legally recognized emotional support dog, cat, or animal, they must be prescribed by a licensed mental health professional such as a psychologist, a psychiatrist, or a therapist. This means that they are part of the treatment program for this person. Not currently working with a doctor or therapist? You should consider National Service Animal Registry’s a NO-RISK emotional support animal letter assessment.

To qualify, you must be considered emotionally disabled and have a letter from a licensed therapist to prove it. Some airlines and housing companies will accept a letter from a family doctor.

Almost all domesticated animals qualify to become an emotional support animal. The most common are dog and cats, but rabbits, mice, and rats are common too. Animals can be any age; the only requirement is they are manageable in public and don’t create a nuisance in the home.

What are the Benefits of Registering your Emotional Support Animal?

Puppy lying in a camera bag

It isn’t a legal requirement to register your emotional support animal, but there are tremendous benefits, including rights and protections.

  1. You can fly with your emotional support animal in the cabin with you without paying extra costs (The Air Carrier Access Act 49 U.S.C. 41705, Department of Transportation 14 C.F.R. Part 382)
  2. You have the right to live with your emotional support animal in housing where pets are not allowed, without being charged an extra fee (Fair Housing Amendments Act of 1988)
  3. Although other public and private establishments (such as hotels, restaurants, taxis, theaters) are not legally required to let you enter with your assistance animal, many are sympathetic if the animal is registered and wears identifying patches or a vest and has an ID card.
  4. For many people, the biggest benefit is the peace of mind to know that their pet is recognized and identifiable as an assistance animal should they need to take advantage of the legal protections in the future, they are covered.

How To Register Your Emotional Support Animal

So, if believe you’d benefit from the advantages of registering your pet as an emotional support animal, you’re probably wondering how to get started. We’ve outlined the process below in three easy steps, but remember you don’t need to do it alone, you can contact us for help and advice at any stage.

Step 1: Get a Letter From a Licensed Therapist

If you don’t have a therapist or your therapist is unwilling to write an animal emotional support letter, National Service Animal Registry (NSAR) offers a NO-RISK emotional support animal letter assessment. National Service Animal Registry is the original and most trusted and referred online provider of ESA prescription letters in the United States, equipped with an extensive network of experienced licensed therapists across the nation who specialize in ESA assessments.

Step 2: Register your Emotional Support Animal
Dog sitting next to a laptop

Although you aren’t required to have your ESA letter before registering, you should register your emotional support animal and get the equipment you need to identify them when you’re out and about. If the registration process feels overwhelming, we can help. We offer three different emotional support animal kits, which we have created based on our experience to cater to people with different needs. We can help you decide which suits you best so you can be sure you make the right decision for your furry friend.

All three kits all include lifetime registration of your ESA as standard – that means you never have to register them again – plus registration in the National Service Dog Register, a frameable embossed certificate, an ESA ID card, and ID card leash clip.

Step 3: Get Out and About Easily with your Emotional Support Animal

Once your emotional support animal is registered and you have your equipment, you’re all set to get out and about together. You’ll be able to relax and have the peace of mind to know you don’t need to explain or justify having your emotional support animal with you, even when you fly. You might well be surprised about the welcome you receive in places that aren’t legally required to allow you to bring them inside, such as cafes and restaurants. And if ever you need to prove your pet is an emotional support animal to your housing provider, you’re all set!

Ready to get started? Click here to register your ESA

Registering Your Emotional Support Animal: Next Steps

We hope this article gave you all the information you need to work out whether registering your pet as an emotional support animal is right for you, and start the registration process.

If you need further help, take a look at our website: National Service Animal Registry. We’ve pulled together all the information you need to guide you through the process of registering your animal.

You can also contact us for further information. We can guide you through the process, provide help and advice about the most appropriate ESA registration kit to suit your emotional support animal and lifestyle, and provide any other help and advice you need.

We’ve helped countless people with emotional support dogs, cats, and animals over the last 25 years. We look forward to helping you too.

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ESA vs Service Dogs: What’s the Difference?

While both serve humans, emotional support animals — commonly referred to as ESAs — and service dogs are often confused. These two types of service animals are similar in that they can provide emotional support for those that need it, but there are many differences between them. Understanding these differences will allow you to properly select and certify an animal for your needs. Here are some of the key differences between these two types of service animal certifications.

Function

Many think that emotional support animals and service dogs are interchangeable, but these two types of service animals are meant for separate tasks. A service dog is specially trained to perform a function or job for an owner that has a physical, intellectual, or emotional disability. An emotional support animal serves as more of a companion for the owner. A service dog may still be able to provide the comfort of an emotional support animal, but it has been trained to complete tasks that a support dog will not.

Protection

Service dogs are usually needed more frequently as they help the owner with physical tasks. Thus, they are offered legal protections through the Americans with Disabilities Act (ADA) that emotional support animals do not get. You can take a service dog almost anywhere that you go and they legally cannot be denied access. An emotional support dog, on the other hand, doesn’t share the same legal protections. It’s important to understand that if you have an emotional support dog, they may not be allowed into areas that a service dog will. Legal protection of an emotional support animal is limited to housing and air travel. However, there may be businesses that will allow you to bring your emotional support animal inside, so you’ll have to check with them beforehand.

Certification

As these types of support animals provide different services, the certifications also differ. A service dog agency will help to find a specially trained dog to assist with a person’s disability. While only a specifically-trained dog can be a service dog, any pet can be considered an emotional support animal. The person looking to acquire certification needs to have a disability diagnosed by a doctor or mental health professional and receive a letter stating how the animal will be of benefit.

Sleeping Puppy

Differentiating Your Support Dog

If your support dog doesn’t have anything that differentiates it from any other dogs, people may not recognize that it’s providing assistance for you. If you have a service dog, you might want to consider having it wear a colored vest. While this is not a requirement, it will tell those working in places you go that the dog is a service dog, and they are less likely to try to stop you from entering with it. If you have an emotional support dog, you should carry your medical letter with you, as this will provide evidence that the dog is officially a support animal.

If you suffer from a disability, be it physical or emotional, you may benefit from an animal’s support. Understanding the differences between a service dog and an emotional support animal will allow you to receive the correct service animal certification. For more information, contact the National Service Animal Registry today!

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How to help a Toddler and Dog Get Along

As toddlers grow up, it’s common for them to pull the tails of animals, grab onto fur, and play with animal’s toys. If this behavior is bothersome to your emotional support animal, it may be time to try out some of these tips for how your toddler and dog can get along better! Keep in mind, many of the ways to desensitize your dog to a toddler will differ depending on your dog’s personality.

You can gauge how your emotional support animal will do with a toddler, depending on a few simple personality traits. Considering how your dog does with being touched, how protective they are of their space or toys, and how well they do with someone being at their eye level can help you to determine if your dog may have trouble cohabitating with a toddler.

However, remember that even if your emotional support animal does have trouble with your toddler, you do not need to give up your dog! There are many ways to get through this trying time, both by desensitizing your dog and by creating boundaries so that your emotional support animal feels safe and comfortable.

Desensitization

The best way to work on desensitization with your dog is to expose them to the kind of behaviors your toddler may exhibit. This way your emotional support animal can get comfortable in a low risk situation. To start, be sure your dog can handle being touched anywhere. If they are comfortable with you touching them on any part of their body, this is a great start.

An ideal starting place is to handle your dog’s ears, hold their paws and apply differing pressure in different regions, gently tug on their tail, and pet their fur with different intensities. This will send the signal to your emotional support animal that regardless of pressure or intensity, they are not in danger in your home.

If these are big steps for your emotional support animal, be sure to continue rewarding them with praise and treats. This way your dog will only relate this kind of touch with positivity, treats, and praise from you. In addition, by starting this training with you, rather than your toddler, you are at lower risk if your dog reacts poorly at first to this training.

Allow Space

Provide space for your baby and ESA dog

While it is important to expose your emotional support animal to touch, it is also important to allow them to take space from constant touch and attention. Maybe this means having your dog’s bed or crate be a safe space where your toddler cannot bother them. If this feels like an impossible change, use gates to block off a certain area of the house for your pup.

If you want to give your emotional support animal freedom from your toddler, use a gate to block off the room or area of the house they are in so that they can take some space. This will ensure when they are interacting with the toddler, they will have more patience, and know that they have a safety area where they can escape.

Managing Interactions

Remember that you cannot properly create a loving relationship without training both your emotional support animal and your toddler. Therefore, it is important to teach your toddler how to best interact with your emotional support animal and make sure you are facilitating interactions.

At first, it is recommended to sit by your dog with your toddler in your lap. Teach your toddler to put their hand out to the dog’s nose so that they can familiarize themselves with your toddler. Next, start petting the dog together. Since you are holding your toddlers’ hand and also petting your emotional support animal this will help your dog to feel safe and trusting.

This will also show your toddler how to best interact with your emotional support animal. By modeling the right behavior, your toddler will follow your lead. If there are times where your toddler is too rough with your dog, just explain to them that if they are too rough, they may hurt the dog.

If your toddler has a hard time staying gentle, move away from your emotional support animal and give them space for a little while before trying again when your toddler is a bit calmer. It is also important to remember that even if your emotional support animal is very kind and gentle with children, not all dogs are!

You should talk with your toddler about how to let a dog sniff their hand and how to pet gently because if they innately trust all dogs, they may be too trustworthy of animals they have never met. This lack of awareness around animals could result in a potentially traumatic experience which could set back their progress with feeling comfortable around animals.

Boundaries with Toys

Have boundaries with your service dogs toys

Finally, there are many dogs, and toddlers, that are protective over their toys and their safe spaces. While your emotional support animal may be very loving and friendly, that does not mean they will not be protective over their toys or their bed if your toddler starts to play with their things.

A great way to navigate this is to keep your dog’s toys and treats exclusively in their private space. If they have a crate or a room to themselves that is set aside as their space, make sure you are only giving them their food, toys, and treats in this spot and make this area off limits to your toddler.

You will not risk any aggressive behavior to your toddler if your emotional support animal has all of their things in a space that is their own. If you are not sure if this is a potential problem, take note of how your emotional support animal reacts to you touching their treats and toys. If they borderline on aggressive behavior with you, assume this will persist with your toddler.

Conclusion

Teaching your toddler and emotional support animal to interact peacefully does not need to be a daunting task. Be sure to develop trust between your dog and toddler and provide space for both individuals to feel safe and calm down after interactions; and remember, with young children it is recommended to oversee all interactions with animals.