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

One of the most important protections under Mississippi laws for ESA applies to housing. The Fair Housing Act (FHA) mandates that landlords must provide reasonable accommodations for tenants with emotional support animals.

• ESAs Must Be Allowed: Landlords cannot enforce pet policies against tenants with a verified ESA.
• No Additional Pet Fees: Under the emotional support animal rental housing law in Mississippi, tenants cannot be charged pet rent or extra deposits for their ESA.
• Landlords Cannot Ask for Medical Records: While landlords may request an ESA letter, they cannot demand confidential medical history or additional documents.
• Reasonable Accommodations Must Be Granted: Even in “no-pet” housing, an ESA must be allowed unless it causes an undue financial or administrative burden.

• The animal is aggressive, poses a health or safety threat, or has a history of destructive behavior.
• The tenant fails to provide a valid ESA letter from a licensed mental health professional.
• The ESA would cause significant property damage beyond what is deemed “reasonable.”

Unlike service animals, Mississippi ESA laws do not require employers to accommodate emotional support animals in the workplace. However, employees can request an ESA under the Americans with Disabilities Act (ADA).

• Submit an Official Request: Employees should provide a written request outlining their disability and how their ESA provides emotional support.
• Provide an ESA Letter: A document from a licensed mental health professional confirming the ESA’s role can support the request.
• Employer Evaluation: Employers have discretion in approving or denying ESA accommodations, balancing the needs of the business and the employee.
• Consider Alternative Accommodations: If an ESA is not allowed, employers may offer other forms of mental health support, such as flexible work hours or remote work options.

• Dog Parks: Tupelo Bark Park, F.E.T.C.H. Park and Harrison County Dog Park.
• Outdoor Cafés: The Greenhouse on Porter (Ocean Springs) and Cups Espresso Café (Multiple Locations).
• Retail Stores: Petco and Lowe’s.
• Hotels: La Quinta Inn (Multiple Locations) and Kimpton Hotels (Multiple Locations).
• Beaches & Trails: Gulf Islands National Seashore and Tishomingo State Park.
• Farmers’ Markets: Oxford Community Market (Oxford) and Attala County Farmers Market (Kosciusko).

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

Under Air Carrier Access Act, airlines no longer classify ESAs as service animals. Instead, ESAs are treated as pets, meaning:

• Airlines may charge pet travel fees.
• ESAs must comply with size and breed restrictions.
• Airlines reserve the right to deny ESA travel for any reason.

Trains (Amtrak): Amtrak enforces standard pet policies for ESAs. Dogs and cats weighing up to 20 pounds (including the carrier) are allowed on trips lasting up to seven hours on most routes. However, certain restrictions may apply depending on the specific train route.

Ride-Sharing Services (Lyft & Uber): Ride-sharing services such as Lyft and Uber allow passengers to bring one small animal, such as a dog or cat, but it is up to the driver’s discretion whether additional pets are permitted. Lyft offers a “Pet Ride” option, which can accommodate up to four passengers and one well-behaved animal. However, drivers are not required to accept emotional support animals, as this is purely at their discretion.

1. Consult a Licensed Professional: Speak with a therapist or doctor in Mississippi.
2. Obtain an Official ESA Letter: The letter must be written on professional letterhead.
3. Use the Letter for Housing Rights: Present your Mississippi ESA letter to your landlord for accommodation approval.