What Should You Know About ESA Laws in Tennessee?

1. Housing Protections: ESA owners in Tennessee are protected under the Fair Housing Act (FHA), allowing individuals to live with their ESAs in most housing types, even in buildings with no-pet policies. It’s the only ESA housing law in Tennessee.
2. No Automatic Access in Public Spaces: ESAs do not have the same public access rights as service animals under the Americans with Disabilities Act (ADA).
3. Limited Air Travel Protections: Recent changes in federal law mean that ESAs no longer have guaranteed in-cabin access on flights. Airlines can now choose to classify ESAs as pets, often resulting in additional fees or travel restrictions.
4. School Policies: K-12 schools in Tennessee generally do not allow ESAs, but colleges and universities may accommodate them in campus housing under the FHA.
5. Owner Responsibilities: ESA owners must ensure their animals are well-behaved, healthy, and vaccinated. They are responsible for any property damage caused by their ESA.
6. Legal Recourse for Disputes: If ESA owners face discrimination in housing, they can file complaints with the Tennessee Human Rights Commission or explore further options with federal agencies, depending on the issue.

Landlords in Tennessee must comply with FHA requirements regarding Tennessee ESA registration requirements. This includes recognizing ESA accommodations unless specific exemptions apply. Landlords’ responsibilities include:

• Request for Documentation: Landlords may request a valid ESA letter but cannot demand details about the tenant’s disability.
• Limit the Number of ESAs: While an ESA must be allowed as a reasonable accommodation, landlords can limit the number of ESAs if a tenant tries to have multiple animals, and the number could pose an unreasonable strain on the property.
• Exclude Non-Domestic Animals: While federal laws do not specify types of ESAs, landlords may have grounds to deny certain non-domestic animals that could pose a risk to property or tenants.
• Hold Tenants Liable for Damages: Landlords can require tenants to pay for any damage their ESA causes, even though they cannot charge upfront pet fees or deposits specifically for the ESA.
• Respect Tenant Privacy: Landlords must respect the tenant’s privacy and cannot ask for specific details about their disability or personal medical information. They may only request documentation that verifies the need for the ESA.

Yes, there are exceptions to Tennessee ESA housing rights:

1. Owner-Occupied Buildings: Properties with four or fewer units where the owner lives on-site are not required to accommodate an ESA.
2. Single-Family Homes Rented or Sold Without a Broker: If a single-family home is rented or sold independently and the owner doesn’t own more than three properties, ESA accommodation is not required.
3. Short-Term Rentals: In some short-term housing or vacation rentals, ESA accommodations may not be required.
4. Direct Threat or Property Damage: If an ESA poses a direct threat to others or has a history of property damage, the landlord can legally deny the accommodation.

The Air Carrier Access Act (ACAA) initially required airlines to accommodate ESAs in the cabin, but as of January 2021, airlines are no longer obligated to do so. Under the updated ACAA guidelines, airlines can treat ESAs as pets, which allows them to charge pet fees or restrict ESAs to the cargo hold instead of the cabin.

Some airlines still allow ESAs in the cabin without additional fees, but this typically requires prior approval, an ESA letter from a licensed mental health professional (LMHP), and sometimes additional fees.

Public transportation policies for ESAs can vary by provider. Since ESAs are not classified as service animals under the Americans with Disabilities Act (ADA), they don’t have the automatic right to accompany their owners on public transportation.

• Public Buses and Subways: Most public transit systems, such as city buses and subway services, only allow service animals. ESA owners should check with local transit authorities to confirm policies, as some systems may accommodate ESAs under specific conditions or with prior arrangements.
• Taxis and Rideshares: Policies for ESAs in taxis and rideshare services (e.g., Uber and Lyft) are at the driver’s discretion. While drivers must accept service animals, they are not legally required to accept ESAs. Notifying the driver in advance can help prevent misunderstandings.
• Intercity Buses and Trains: Companies like Greyhound and Amtrak typically follow federal guidelines, which do not require them to accommodate ESAs. As such, ESAs may not be allowed on intercity buses or trains, so owners should verify company policies before traveling.

• Behavior and Control
   ESA owners in Tennessee must ensure their animals are well-behaved and under control at all times. Emotional Support Animals in Tennessee should not cause disruptions or harm to others, whether in public or private spaces. This includes managing behaviors like excessive barking, aggression, or any uncontrolled actions that could disturb others. If an ESA becomes disruptive or poses a threat, the owner may be asked to remove the animal from the premises.
• Vaccinations and Health
  In Tennessee, ESAs are required to be healthy, vaccinated, and well-groomed. Owners must keep their animals in good health by maintaining vaccinations and ensuring the animal is free of diseases that could impact others. Regular veterinary check-ups and consistent care are essential to the animal’s well-being and suitability for public interaction.

• Filing a Complaint: ESA owners can file a complaint with the Tennessee Human Rights Commission (THRC) if they face housing-related discrimination.
• Federal Remedies: In cases involving discrimination in housing, ESA owners can contact federal agencies like the U.S. Department of Justice (DOJ) for support.
• Legal Representation: For severe discrimination cases, ESA owners can consult with a disability rights attorney to explore further legal options.