General Information

Public Access with Your Emotional Support Animal

Emotional Support Animal Housing Rights

Emotional Support Animals and their handlers have certain housing rights protected under the Fair Housing Act (FHA) in the United States. The Fair Housing Act (FHA) makes it unlawful for a housing provider to refuse to make a reasonable accommodation that a person with a disability may need in order to have equal opportunity to enjoy and use a dwelling. Here are key points regarding Emotional Support Animal housing rights:

No Pet Policies:

Individuals with disabilities who use Emotional Support Animals are exempt from “no pet” policies in housing. This means that landlords and housing providers must make reasonable accommodations to allow individuals with disabilities to have their Emotional Support Animals, even if the property has a policy prohibiting pets.

Reasonable Accommodations:

The Fair Housing Act requires housing providers to make reasonable accommodations for individuals with disabilities. Allowing a person with a disability to have an Emotional Support Animal is considered a reasonable accommodation.

Type of Housing Covered:

The FHA covers various types of housing, including rental apartments, condominiums, single-family homes, and other types of dwellings. This protection extends to both private and publicly funded housing.

No Extra Fees:

Housing providers cannot charge individuals with disabilities extra fees or deposits for having an Emotional Support Animal. The individual with a disability is responsible for any damage caused by the Emotional Support Animal, but they cannot be charged fees simply for having the dog.

Documentation and Disclosure:

While housing providers are not allowed to ask for documentation or proof of certification for the Emotional Support Animal, they may ask the individual to provide information confirming that they have a disability and that the Emotional Support Animal is required for a disability-related need. This documentation is generally written from a licensed mental health professional prescribing the ESA to the individual.

Breed and Size Restrictions:

Housing providers cannot enforce breed or size restrictions on Emotional Support Animals. Even if a property has breed-specific policies or size limitations for pets, those restrictions do not apply to Emotional Support Animals.

According to the FHA, assistance animals are not pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.

Order ESA letter 
Order ESA Letter

What If My Landlord Refuses My Emotional Support Animal Letter?

Failure to accommodate a physically or psychiatrically impaired person is a violation of federal law and can be successfully sued AND the landlord/property manager is financially penalized by the U.S. Justice Dept. because it is considered discrimination against a disabled person. Something the government takes seriously.

Clients are encouraged to make sure the landlord or property manager are clearly aware of the law and consequences to help them avoid prosecution and punitive damages. Most are in violation simply because they do not know the law.

A client can report the landlord/property manager to the U.S. Justice Dept. and file a complaint for discrimination here.

Emotional Support Animal Airline Rights

Welcome to the latest updates on flying with Emotional Support Animals (ESAs):

Starting from January 2021, significant changes have taken place in the regulations governing ESAs on US airlines. The US Department of Transportation (DOT) no longer mandates airlines to provide free accommodation for ESAs or exempt them from standard pet policies. Consequently, each airline is now empowered to establish its own guidelines for ESAs, treating them similarly to regular pets.

It’s essential to note that ESAs do not fall under the protection of the Air Carrier Access Act (ACAA), a law designed to safeguard the rights of service animals. Airlines now have the authority to refuse boarding to ESAs based on factors such as size, breed, or behavior, even if passengers possess appropriate documentation.

You’ll need to be prepared to reinforce your position and case with supplemental documentation from a physician that verifies your need for the animal.

In conclusion, flying with an ESA is no longer guaranteed, and careful preparation is essential. Ensure you have the required documentation, follow airline regulations diligently, and have a contingency plan in case your travel experience encounters unexpected hurdles. Safe travels!

Training Your Emotional Support Animal to Become a Psychiatric Service Dog

Psychiatric service dogs must legally be accommodated by airlines to fly with their handler in the cabin of the aircraft. Many individuals are now training their emotional support animal to become their psychiatric service dog.
If interested in this, please come back for more information soon.

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