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

Understanding Oregon’s ESA laws is essential for tenants and landlords to ensure compliance with federal housing regulations. The Fair Housing Act (FHA) is the primary law that protects individuals with emotional support animals, ensuring they can live in rental housing without discrimination based on their disability.

Tenants

• Have the right to live in rental properties, even those with no-pet policies.
• Do not have to pay pet fees, deposits, or extra rent for their ESA.
• Must provide a valid ESA letter to their landlord.
• Cannot be denied housing due to their ESA, unless specific exceptions apply.

Landlords

• They cannot charge pet deposits, pet rent, or additional fees for ESAs.
• They cannot reject a tenant’s ESA unless the animal poses a direct threat.
• They can request an ESA letter but cannot demand excessive documentation.
• They must make reasonable accommodations for tenants with emotional support animals.

Landlords cannot deny a tenant’s emotional support animal unless specific exemptions apply. A landlord may only refuse an ESA if the animal poses a direct threat to the health or safety of other tenants or causes significant property damage. Additionally, certain housing types, such as owner-occupied buildings with fewer than four units, may be exempt from ESA accommodation requirements.

However, a landlord cannot deny an ESA simply because they dislike animals, have a “no-pet” policy, or enforce breed restrictions. If a landlord illegally denies your ESA request, you have the right to file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD) to seek legal recourse.

Despite the absence of a legal mandate, some establishments in Oregon adopt pet-friendly policies that may accommodate ESAs. Notable examples include:

• The Jupiter Hotel in Portland
• Kimpton Hotel Monaco in Portland
• Tin Shed Garden Café in Portland
• Lucky Labrador Brew Pub in Portland
• Sellwood Riverfront Park in Portland
• Ashland Hills Hotel & Suites in Ashland

It’s advisable to contact these establishments directly to inquire about their specific policies regarding ESAs, as accommodations can vary and may be subject to change.

However, some employers may still choose to allow ESAs as a reasonable accommodation. If you need your ESA at work, you can submit a request to your employer, explaining how it helps with your condition. While employers are not obligated to approve ESAs, they may allow them on a case-by-case basis.

The presence of Emotional Support Animals in Oregon’s K-12 schools and higher education institutions is regulated under federal laws like the Americans with Disabilities Act and the Fair Housing Act.

• K-12 Schools: ESAs are not allowed in public schools since they are not recognized as service animals under the ADA. Schools are only required to accommodate service dogs trained to assist students with disabilities.
• Colleges & Universities: Unlike K-12 schools, universities and colleges must allow ESAs in student housing under the Fair Housing Act. If a student has a valid ESA letter from a licensed mental health professional, the university cannot deny the animal in dormitories or on-campus apartments.

However, outside of student housing, ESAs are not allowed in other areas of the university, such as:

• Classrooms
• Libraries
• Dining Halls
• Recreational Facilities

• Students who need an ESA in university housing should submit a formal request. Universities may impose reasonable restrictions, such as requiring proof of vaccinations or ensuring the ESA does not disrupt other residents.

Traveling with an Emotional Support Animal in Oregon depends on the mode of transportation. While service animals are granted full protections under the Americans with Disabilities Act (ADA), ESAs are treated as pets under most laws and regulations.

• ESAs may need to travel in a pet carrier under pet policies.
• Airlines may charge pet fees for ESAs.
• Some airlines allow small ESAs in the cabin, while others require them to be in checked baggage.

It is crucial to check the airline’s policy before booking your flight.

• ESAs must travel in pet carriers.
• Pet fees may apply.
• Only small pets (under 20 pounds) are allowed in designated pet-friendly train cars.

Securing an ESA letter in Oregon is a critical step in legitimizing the need for an Emotional Support Animal. The process involves:

• Consultation with a Licensed Mental Health Professional (LMHP): Engage with a licensed therapist, psychologist, psychiatrist, or counselor who can assess your mental health condition and determine the therapeutic benefits of an ESA.​
• Evaluation of Mental Health: The LMHP will evaluate whether an ESA is an appropriate component of your treatment plan, considering factors such as anxiety, depression, or other emotional or psychological conditions.​
• Issuance of the ESA Letter: If deemed appropriate, the LMHP will provide a formal letter on official letterhead, including their license number and contact information, stating that you have a mental health condition and that an ESA is a recommended part of your treatment.​

This letter grants rights under the Fair Housing Act, allowing individuals to reside with their ESA in housing that might otherwise prohibit pets. ​