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What is an Emotional Support Animal (ESA) and how is it treated differently than a Service Animal?

An emotional support animal (ESA) is a dog that belongs to a person who is emotionally or psychologically (psychiatrically) disabled. Some people refer to them as a “Comfort Animal”, but that term isn’t recognized in the Americans with Disabilities Act (ADA). The person’s doctor (a licensed mental health professional or LMHP) has determined that the presence of the animal is necessary for the person’s mental health and that they are considered disabled as a result. The LMHP must also write a letter of prescription stating the dog is necessary for the normal day to functioning of the disabled person. The letter must be very specifically written to be acceptable to property managers and airlines. Under current ADA and Fair Housing laws, an ESA is ONLY protected as follows:

  • An ESA may fly in the cabin of a commercial or private airline with their disabled handler, and the handler does not have to pay a pet or other fee. A very specific prescription letter from a licensed mental health profession is ALWAYS required by airlines, as well as advance notice in most cases that the passenger will be flying with an ESA.
  • Landlords and property managers must make reasonable accommodations for tenants or prospective tenants with ESAs, even if the apartment, house, college dorm, or other residence does not allow pets. Reasonable fees may be asked of the client, similar to a pet fee. Besides requiring a letter of prescription. Property managers/landlords may require that the (prospective) tenant’s mental health professional complete and sign a Third Party Verification form.

 

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