What Are the Emotional Support Animal (ESA) Laws in Maine?

Finding a home can be stressful, especially if you have an ESA and encounter landlords with strict pet policies. Fortunately, Maine’s ESA laws align with the Fair Housing Act (FHA), which protects tenants with emotional support animals from housing discrimination.

• Deny housing to tenants with a valid ESA letter.
• Charge pet fees or deposits for ESAs.
• Impose breed, weight, or size restrictions on ESAs.
• Request unnecessary medical details beyond an ESA letter.

• Obtain a legitimate ESA letter in Maine from a licensed mental health professional (LMHP).
• Submit the letter to their landlord when requesting an accommodation.
• Ensure their ESA is well-behaved and does not cause property damage.

While landlords must provide reasonable accommodations, they can deny an ESA if:

• The animal poses a direct threat to the health or safety of others.
• The ESA causes significant property damage.
• The tenant fails to provide a valid ESA letter from a licensed professional.

If a landlord unfairly denies your ESA, you can file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD).

To qualify, students must:

• Submit an ESA letter from a licensed mental health professional.
• Follow their university’s ESA policies, including rules on animal care and behavior.

Many ESA owners wonder whether they can take their emotional support animals to restaurants, malls, or other public places. Emotional support animals are not granted the same public access rights as service animals under the Americans with Disabilities Act (ADA). This means:

• Businesses, restaurants, and stores are not required to allow ESAs.
• Only service animals trained for a specific disability-related task have guaranteed public access.

Some businesses may allow ESAs at their discretion, so it’s always best to ask first.

Although ESAs don’t have guaranteed public access rights, many places in Maine welcome emotional support animals. If you want to explore the state with your ESA, consider visiting these pet-friendly locations:

Pet-Friendly Hotels in Maine

• Portland Harbor Hotel (Portland)
• Inn by the Sea (Cape Elizabeth)
• The Press Hotel (Portland)

Pet-Friendly Cafés and Restaurants

• The Dogfish Café (Portland)
• Café Crème (Bath)
• The Liberal Cup (Hallowell)

Public Parks & Trails

• Eastern Promenade (Portland)
• Acadia National Park (Bar Harbor)
• Evergreen Cemetery Trails (Portland)

Under the Air Carrier Access Act (ACAA), emotional support animals are no longer considered service animals, meaning airlines are not required to accommodate them for free. Instead, ESAs are treated as regular pets, and their travel depends on individual airline policies.

Here’s what to expect when flying with an ESA:

• Pet Fees Apply: Airlines may charge a pet travel fee, which varies by airline.
• Size & Breed Restrictions: ESAs must meet weight and carrier size requirements set by the airline. Larger animals may need to travel in the cargo hold.
• Airline Discretion: Airlines have the right to deny ESA travel based on their policies or if the animal poses a risk.

To avoid travel disruptions, always check the airline’s pet policy before booking your flight. Some airlines offer pet-friendly options, while others may have stricter rules.

Emotional support animal laws in Maine do not require employers to allow ESA at work. Unlike service animals, ESAs are not protected under the ADA. However, some employers may permit them as a reasonable accommodation under disability laws.

How to Request an ESA at Work?

• Submit a request to HR explaining your need.
• Provide an ESA letter from a licensed mental health professional.
• Discuss accommodations to ensure minimal workplace disruption.

Employers can refuse ESAs if they disrupt work, pose safety risks, or create undue
hardship. If denied, explore alternatives like remote work or flexible breaks.

To ensure your emotional support animal is protected under Maine’s ESA laws, follow these steps:

• Consult a Licensed Mental Health Professional (LMHP): Schedule an evaluation with a qualified therapist or doctor.
• Get an Official ESA Letter: The letter must be on professional letterhead and include the provider’s license details.
• Submit Your ESA Letter for Housing Accommodations: Provide the letter to your landlord.