Emotional Support Animal Laws By State

Under the Fair Housing Act (FHA), you have the right to live with your ESA, even if your housing has a no-pets policy. This federal law ensures that landlords must make reasonable accommodations for you, provided you have the necessary documentation.

Key Points:

• Landlords can’t charge pet rent or deposits for ESA.
• You have to provide an ESA letter from a licensed mental health professional confirming your need for an ESA.
• Your emotional support animal can be denied if it poses a direct threat to others or causes substantial property damage.

Due to recent changes to the Air Carrier Access Act (ACAA) in 2021, airlines are no longer required to recognize ESAs as service animals. Most airlines now treat ESAs as pets, which means they may charge fees and apply restrictions such as breed or size limitations. It’s crucial to check the specific policies of the airline before you travel.

Key Points:

• Always check with the airline ahead of time to understand their ESA policies.
• You need to pay a fee and follow the pet restriction for your ESA.
• Some airlines might restrict certain breeds or sizes of ESAs from flying.

• ESAs are not legally required to be allowed in public spaces, but some pet-friendly places may choose to accommodate them.
• Employers might provide reasonable accommodations for ESAs on a case-by-case basis, depending on your specific situation and needs.

• AB-468 (January 2022): Penalizes businesses and individuals selling fake ESA products, services, or credentials. Moreover, fines of up to $2,500 for multiple offenses related to fake ESAs or false claims.
• ESA Letter Requirements: Requires a 30-day relationship with a licensed mental health professional (LMHP) before obtaining an ESA letter.
• Employment: Employers with more than five employees must allow ESAs in the workplace if they do not pose a threat to health or safety and are trained for appropriate behavior.

• Reinforcement of FHA: State laws maintain federal protections for ESA owners in rental housing.
• Penalties for False ESAs: Stricter regulations penalize individuals attempting to pass off pets as ESAs without a legitimate letter.
• Legitimate ESA Letter: Must be acquired from a mental health professional licensed in Florida to meet state requirements.

• Texas Fair Housing Act: Provides strong protection for individuals with mental health disabilities, reinforcing the federal FHA.
• ESA Documentation: The only requirement for housing is an official ESA letter signed by an LMHP licensed in Texas.

• New York Human Rights Law: Reinforces the FHA and allows landlords to request proof of ESA vaccination.
• Illegal ESAs: Certain animals, such as venomous snakes and some primates, cannot be kept as ESAs.
• Landlord Fees: Landlords cannot charge additional fees for ESAs but may hold tenants responsible for damages caused by their ESAs.

• Montana HB 703: Montana law requires ESA owners to have a 30-day relationship with their LMHP before receiving an ESA letter.
• FHA Reinforcement: Continues to support federal protections for housing rights.

• Pre-Existing Relationship Requirement: Similar to California and Montana, Arkansas mandates a 30-day relationship with a licensed professional before an ESA letter can be issued.
• ESA Product Disclosures: Sales notices for ESA-related products (e.g., vests, ID cards) must clarify that these items alone do not qualify a pet as an assistance animal.
• Penalties for Fraud: Severe penalties apply for anyone caught misrepresenting their pet as an ESA or service animal.

• Penalties: Misrepresenting an animal as an ESA or service animal can result in legal consequences.
• ESA Letter Requirements: Under Iowa’s SF-2268, ESA letters must come from a licensed healthcare provider with a 30-day relationship with the tenant. Documentation must be renewed annually.
• Tenant Responsibilities: Landlords must accommodate ESAs unless they impose undue hardship. Tenants are liable for any damages caused by their animals.

• Reinforcement of FHA: Louisiana’s new law aligns with federal Fair Housing Act (FHA) protections, ensuring individuals with emotional support animals (ESAs) retain their right to reasonable accommodation in rental housing.
• Penalties for False ESAs: Strict penalties are in place for misrepresenting pets as ESAs without valid documentation, discouraging fraud and safeguarding the needs of legitimate ESA owners.
• Legitimate ESA Letter: ESA letters must be obtained from a licensed Louisiana healthcare provider with an established 30-day relationship, including at least two consultations, meeting the state’s authenticity and compliance requirements.

Service animals are protected by more extensive laws, such as the ADA, while ESAs have more limited protections. Here’s a breakdown:

• Service Animals: Trained to perform tasks for individuals with disabilities, these animals have access to public spaces, including restaurants, hotels, and stores.
• Emotional Support Animals: Provide comfort through companionship but are not trained for specific tasks. They only have legal protections in housing.

Though ESA Laws are designed to protect you, there are some exceptional situations where your ESA can be denied. These include:

• Disruptive Behavior: If your animal poses a threat to others or causes significant damage, landlords or airlines may deny your ESA.
• No Valid Documentation: Without an official ESA letter from a licensed professional, your ESA rights may not be recognized.
• Specific Situations: In rare cases, housing providers may argue “undue burden” or other specific exceptions, but they must justify this denial legally.

Remaining compliant with emotional support animal laws is important. Here’s a checklist to help you:

• Ensure you have an up-to-date ESA letter from a licensed healthcare professional.
• Be respectful of housing policies, ensuring your ESA behaves well in public.
• Understand that your ESA is not granted the same public access rights as a service animal.