What are emotional support animals?
Emotional Support Animals (ESAs) are a category of animals that provide necessary emotional support to an individual with a mental or psychiatric disability that alleviates one or more identified symptoms of an individual’s disability, but which are not considered Service Animals under the ADA. In most cases, ESAs provide the necessary support to individuals with disabilities without any formal training or certification. These animals can be most species and are typically prescribed by a licensed mental health professional as part of a treatment plan.
What rights do I have with an emotional support animal?
The Fair Housing Act, under the U.S. Department of Housing and Urban Development (HUD), provides certain rights and protections for individuals with disabilities, including those who require emotional support animals (ESAs).
According to the Fair Housing Act, individuals with disabilities are entitled to request reasonable accommodations in housing, which may include the allowance of ESAs, even in properties with pet restrictions or no-pet policies.
To qualify for an ESA as a reasonable accommodation under the Fair Housing Act, an individual must have a disability that substantially limits one or more major life activities. The disability can be physical or mental, and it must be verified by a qualified healthcare professional or licensed therapist.
Once a disability is established, a person may request to keep an ESA in their home as a necessary form of support. This means that housing providers, such as landlords or homeowners’ associations, may be required to make exceptions to their pet policies and allow the individual to have an ESA with them.
It’s important to note that while ESAs are protected under the Fair Housing Act, they are not considered the same as service animals. Service animals are trained to perform specific tasks for individuals with disabilities and have additional legal protections under the Americans with Disabilities Act (ADA).
Can I travel on a plane with my emotional support animal?
The Air Carrier Access Act (ACAA) is a U.S. federal law that prohibits discrimination against passengers with disabilities in air travel. It requires airlines to accommodate the needs of passengers with disabilities and provide certain services and accessibility features.
Prior to January 2021, passengers who qualified for ESA accommodation under the ACAA must provide documentation from a qualified healthcare professional or licensed mental health care professional that verifies their disability and the need for an ESA. After receiving the documentation, qualified passengers were permitted to travel on a plane with their ESA.
As of January 11, 2021, the U.S. Department of Transportation (DOT) has updated the rules to more closely align with the Americans with Disabilities Act (ADA) definition of a service animal. According to these new rules, emotional support animals are no longer considered service animals for air travel purposes.
However, passengers with disabilities are still allowed to travel with service animals, which are defined as dogs that are individually trained to perform tasks for the benefit of a person with a disability. The DOT has stated that airlines must still accommodate passengers with disabilities who rely on service animals, while ESAs are now treated like any other pet and may be subject to airline policies regarding pets.
It’s important to check with your specific airline for their policies and requirements, as each airline may have its own set of rules and documentation requirements.
Do I need a vest, certificate, or ID card for an emotional support animal?
No, you do not need a special (or any) vest, certificate, or ID card for an emotional support animal. The only thing you would need is a letter prescribing an emotional support animal from a qualified healthcare professional or licensed mental health professional that verifies your disability and the need for an ESA.
What is the process for an assessment for an ESA
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The process for an assessment for an ESA letter includes the following steps:
Initial consultation: Schedule an initial consultation with Delseta Robinson, LMFT (you can schedule a consult here). During this consultation, we will discuss your mental health condition, other relevant information, and why you believe an emotional support animal would be beneficial for you.
Assessment and evaluation: A thorough assessment and evaluation of your mental health condition will be conducted. This may involve reviewing medical records, conducting interviews, using screenings, and/or using appropriate assessments.
Therapy sessions: Additional sessions will be provided as needed (3 sessions are required to gain a clearer clinical picture and provide support in alignment with your symptoms).
Documentation: If it is determined that you qualify for an emotional support animal, an emotional support letter will be provided. Please note that you may not qualify for an emotional support animal and thus will not receive an ESA letter.
Follow-up and maintenance: It’s important to maintain contact with a provider and continue ongoing treatment for your mental health condition.