View source for Emotional support animal

{{Short description|Animal that provides psychological relief}}
{{Use dmy dates|date=April 2024}}
{{Use American English|date=March 2016}}
An '''emotional support animal''' ('''ESA''') is an animal that provides support to individuals with a mental health or psychiatric disability. Emotional support animals are not required to be trained.<ref name="Carroll-2020" /> Any animal that provides support, comfort, or aid, to an individual through companionship, unconditional positive regard, and affection may be regarded as an emotional support animal.<ref name=cvb>{{Cite journal|last=Von Bergen|first=C.|date=2015-04-04|title=Emotional Support Animals, Service Animals, and Pets on Campus |url=https://dc.swosu.edu/aij/vol5/iss1/4|journal=Administrative Issues Journal|volume=5|issue=1|issn=2153-7615}}</ref>

In the United States, emotional support animals are not recognized as [[service animal]]s under the [[Americans with Disabilities Act of 1990|Americans with Disabilities Act]].<ref name="Carroll-2020">{{Cite journal|last=Carroll|first=J|date=2020|title=Laws and Ethics Related to Emotional Support Animals|url=http://jaapl.org/content/jaapl/early/2020/09/16/JAAPL.200047-20.full.pdf|journal=Journal of the American Academy of Psychiatry and the Law|volume=48|issue=4|pages=509–518|pmid=32938644}}</ref> Service animals are trained to perform specific tasks such as helping a blind person navigate.<ref>{{Cite web|url=http://www.ada.gov/service_animals_2010.htm|title=Service Animals|last=US Department of Justice|date=July 2011|website=ADA.gov}}</ref> People with mental health disabilities who possess an emotional support animal may be exempt from certain federal housing and travel rules. To receive these exemptions, the handler must meet the federal definition of disabled, and the emotional support animal must help alleviate the symptoms or effects of the disability. The individual may need to present a letter from a certified healthcare provider, stating that the emotional support animal is needed for their mental health.<ref name="Carroll-2020" />

== Requirements ==
Emotional support animals are typically household domesticated animals,{{Efn|name=FHEO1}} but may also be members of other animal species.{{Efn|name=FHEO2}}<ref name="FHEO"/> There is no requirement under US federal law that an emotional support animal wear any identifying tag, patch, harness, or other indication that it is an emotional support animal.<ref>{{cite journal |last1=McNary |first1=A.L. |title='Vetting' Service Dogs and Emotional Support Animals |journal=Innovations in Clinical Neuroscience |date=1 February 2018 |volume=15 |issue=1 |pages=49–51 |pmid=33996248 |pmc=8104571 |url=http://innovationscns.com/vetting-service-dogs-emotional-support-animals/ |access-date=23 February 2019}}</ref>

[[File:ZZtopthuisa.jpg|alt=A dog and a cat sit on a sofa|thumb|Emotional support animals do not need to have any special training.]]

There are no training requirements for emotional support animals, which typically have no training beyond what would be expected for the same type of animal.<ref name="Younggren-2016">{{Cite journal|last1=Younggren|first1=Jeffrey N.|last2=Boisvert|first2=Jennifer A.|last3=Boness|first3=Cassandra L.|date=August 2016|title=Examining Emotional Support Animals and Role Conflicts in Professional Psychology|journal=Professional Psychology: Research and Practice|volume=47|issue=4|pages=255–260|doi=10.1037/pro0000083|issn=0735-7028|pmc=5127627|pmid=27909384}}</ref> There is no requirement that they be individually trained to do work or perform tasks.<ref name="rwisch" />

== Supporting evidence ==

Although most companion animals are pets as opposed to emotional support animals, research studies document a correlation between companion animals and the improvement of their owners' mental health.<ref name="Ratschen-2020">{{Cite journal|last1=Ratschen|first1=Elena|last2=Shoesmith|first2=Emily|last3=Shahab|first3=Lion|last4=Silva|first4=Karine|last5=Kale|first5=Dimitra|last6=Toner|first6=Paul|last7=Reeve|first7=Catherine|last8=Mills|first8=Daniel S.|date=2020-09-25|title=Human-animal relationships and interactions during the Covid-19 lockdown phase in the UK: Investigating links with mental health and loneliness|journal=PLOS ONE|volume=15|issue=9|pages=e0239397|doi=10.1371/journal.pone.0239397|pmid=32976500|pmc=7518616|bibcode=2020PLoSO..1539397R|issn=1932-6203|doi-access=free}}</ref><ref name="Brooks-2018">{{Cite journal|last1=Brooks|first1=Helen Louise|last2=Rushton|first2=Kelly|last3=Lovell|first3=Karina|last4=Bee|first4=Penny|last5=Walker|first5=Lauren|last6=Grant|first6=Laura|last7=Rogers|first7=Anne|date=2018|title=The power of support from companion animals for people living with mental health problems: a systematic review and narrative synthesis of the evidence|journal=BMC Psychiatry|language=en|volume=18|issue=1|pages=31|doi=10.1186/s12888-018-1613-2|issn=1471-244X|pmc=5800290|pmid=29402247 |doi-access=free }}</ref><ref>{{cite journal |last1=Shoesmith |first1=E. |last2=Shahab |first2=L. |last3=Kale |first3=D. |last4=Mills |first4=D. S. |last5=Reeve |first5=C. |last6=Toner |first6=P. |last7=de Assis |first7=L. S. |last8=Ratschen |first8=E. |date=2021 |title=The Influence of Human–Animal Interactions on Mental and Physical Health during the First COVID-19 Lockdown Phase in the U.K.: A Qualitative Exploration |journal=International Journal of Environmental Research and Public Health |volume=18 |issue=3 |pages=976 | pmid=33499354 | doi=10.3390/ijerph18030976|pmc=7908431 | doi-access=free}}</ref><ref>{{Cite journal |last1=Damberg |first1=Svenja |last2=Frombling |first2=Lena |title="Furry tales": pet ownership's influence on subjective wellbeing during Covid-19 times |url=https://link.springer.com/content/pdf/10.1007/s11135-021-01303-7.pdf?pdf=button |journal=Quality & Quantity |year=2022 |volume=56 |issue=5 |pages=3645–3664|doi=10.1007/s11135-021-01303-7 |pmid=34955563 |pmc=8693845 |s2cid=245425269 }}</ref>

In 2020, the Assistance Dog Center, an assistance dog training service, and CertaPet, a company that connects potential clients with providers of animal-assisted therapy, announced the result of an online international survey of the owners of emotional assistance animals, obtaining responses from 298 people in relation to 307 ESA dogs. All participants reported that their quality of life had improved as a result of having an ESA dog, and almost all reported that having an ESA dog increased their feelings of security, independence, and energy, and helped improve their sleep.<ref>{{Cite journal|last=Canady|first=Valerie A.|date=2020-12-11|title=Study examines link between emotional support animals, MH|url=http://dx.doi.org/10.1002/mhw.32617|journal=Mental Health Weekly|volume=30|issue=47|pages=7–8|doi=10.1002/mhw.32617|s2cid=234586433|issn=1058-1103}}</ref>

A 2020 study, conducted in the UK through an online survey of almost 6,000 people, similarly found that almost 90% of people who had at least one companion animal during the COVID-19 pandemic described their animals as a source of considerable support, with that result being unaffected by the species of companion animal. The authors concluded that having a companion animal seemed to mitigate some of the negative psychological effects of the COVID-19 lockdown. Poorer mental health before the lockdown was associated with a stronger reported human-animal bond, and animal ownership was associated with smaller reported decreases in mental health and smaller increases in loneliness.<ref name="Ratschen-2020" />

[[File:Emotional Support Bunny.jpg|thumb|Emotional support animal comforting a college student]]

A 2018 review of 17 studies relating to companion animal ownership found that pets provide benefits to those with mental health conditions and that pets can be a source of calming support and companionship, as well as providing distraction and disruption from upsetting symptoms and experiences, and helping their owners maintain a positive identity and sense of self. The review found potential negative aspects of pet ownership, such as the significant distress associated with the loss of a pet. The authors recommended further rigorous research to test the apparent positive relationship between ownership of a companion animal and mental health.<ref name="Brooks-2018" />

A 2019 law review article summarized some of the research into the benefits of companion and emotional support animals, for example noting that interactions with companion animals can decrease blood pressure and mitigate some of the symptoms associated with dementia and Alzheimer's disease, and that animal-assisted classroom activities had been shown to improve the social skills of children with [[Autism spectrum|autism spectrum disorders]].<ref>{{Cite journal|last=Butwin|first=J|date=2019|title=Emotional Support Animals Are More Than Just Pets: It Is Time for the Department of Justice to Align Its Emotional Support Animal Policies with Other Anti-Discrimination Laws|url=https://doi.org/info:doi/|journal=Fordham Urban Law Journal|volume=47|issue=1|pages=195–229}}</ref>

== Worldwide ==
{{Globalize section|the United States|Canada|date=April 2024}}
=== Canada ===
Emotional support animals are not considered service animals and are not protected under Canadian law.<ref>{{Cite thesis |last=Abdulkareem |first=Yusuf |title=Service animals and emotional support animals: a distinction that privileges physical disabilities over mental and emotional disabilities |date=2021-04-14 |degree=Master |publisher=University of Manitoba |url=https://mspace.lib.umanitoba.ca/xmlui/handle/1993/35435}}</ref><ref>{{Cite web |last=Branch |first=Legislative Services |date=2021-07-01 |title=Consolidated federal laws of Canada, Air Transportation Regulations |url=https://laws-lois.justice.gc.ca/eng/regulations/SOR-88-58/page-9.html?txthl=149#s-149 |access-date=2022-12-13 |website=laws-lois.justice.gc.ca}}</ref>

Airlines operating in Canada may voluntarily allow passengers to bring emotional support animals on board, but without the legal protections extended to passengers with service animals. For example, before allowing an emotional support animal to board, an airline may require documentation from a licensed mental health professional stating that the animal is necessary for the individual's emotional support.<ref>{{Cite web |title=Air Canada - Travelling with your Pet |url=https://www.aircanada.com/ca/en/aco/home/plan/special-assistance/pets.html |access-date=2022-12-13 |website=www.aircanada.com |language=en-ca}}</ref>

=== United States ===

To qualify for an emotional support animal in the US, its owner must have an [[Mental disability (disambiguation)|emotional or mental disability]] that is certified by a mental health professional such as a [[psychiatrist]], [[psychologist]], or other licensed mental health care provider.{{Citation needed|date=February 2021}} These may be [[Invisible disability|invisible disabilities]].

The owner's mental health impairment must be substantial enough to produce [[disability]], rather than discomfort or a desire to have a pet.<ref name="Younggren-2016" />  Furthermore, for the provider to certify the animal non-fraudulently, the emotional support animal's presence must provide a significant benefit that makes the difference between the person functioning adequately and not.<ref name="Younggren-2016" />

==== Regulation ====

===== ESA letters =====
An '''emotional support animal letter''', or an ESA letter, is a document that qualifies people to be accompanied by a support animal in contexts in which pets might not be permitted, such as in rental housing. The letter must be issued by a [[psychologist]], [[psychiatrist]], qualified mental health professional, or physician.<ref>{{Cite web |date=16 June 2017 |title=Right to Emotional Support Animals in "No Pet" Housing |url=http://www.bazelon.org/wp-content/uploads/2017/04/2017-06-16-Emotional-Support-Animal-Fact-Sheet-for-Website-final.pdf |access-date=17 October 2019 |website=Bazelon Center}}</ref><ref name="14cfr382117">{{Cite web |title=14 CFR Sec. 382.117 |url=https://www.ecfr.gov/cgi-bin/text-idx?SID=ae47679a5dc0b0cdd685abc7e3437dbb&mc=true&node=pt14.4.382&rgn=div5 |access-date=22 February 2019 |website=e-cfr |publisher=US Government Publications Office}}</ref> The professional who issues an ESA letter need not be the recipient's primary care physician, and some doctors may refer patients who are seeking an ESA to psychologists or other professionals.<ref name="Boness-2017">{{Cite journal |last1=Boness |first1=Cassandra L. |last2=Younggren |first2=Jeffrey N. |last3=Frumkin |first3=I. Bruce |date=June 2017 |title=The certification of emotional support animals: Differences between clinical and forensic mental health practitioners. |journal=Professional Psychology: Research and Practice |volume=48 |issue=3 |pages=216–223 |doi=10.1037/pro0000147 |s2cid=149013655}}</ref>

===== Air travel =====
As of January, 2021, airlines are not required to allow passengers to travel with ESAs, and may treat ESAs as pets.<ref name="Department of Transportation" /> Under current DOT rules, most airlines have decided to treat ESAs as pets.

Prior to 2021, a person with a disability was permitted to travel with a prescribed emotional support animal, so long as they presented appropriate documentation, and the animal was not a danger to others and did not engage in disruptive behavior. "Unusual" animals, including all snakes and other reptiles, were legally allowed to be refused.<ref name="14cfr382117" /><ref>{{Cite web |date=November 1, 2017 |title=Service Animals (Including Emotional Support Animals) |url=https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals-including-emotional-support-animals |website=US Department of Transportation}}</ref><ref>{{Cite web |date=April 9, 2012 |title=Nondiscrimination on the Basis of Disability in Air Travel - May 13, 2009 |url=https://www.transportation.gov/airconsumer/nondiscrimination-basis-disability-air-travel-may-13-2009 |website=US Department of Transportation}}</ref>

===== Multiple ESAs =====
Although the issue has not been addressed by the courts, a person's request for accommodation of multiple ESAs would follow the same legal framework as any other request. Thus, if a person with a disability claims a need for multiple emotional support animals, that person will need documentation supporting this claim from their psychologist or other licensed healthcare professional. The practitioner will need to provide documentation that each support animal alleviates some symptom of the disability.<ref name="FAQs on Emotional Support Animals" />

==== Federal law ====
In the US, legal protection against housing discrimination is afforded to people with mental disabilities under two federal statutes: Section 504 of the [[Rehabilitation Act of 1973]] and the [[Fair Housing Act|Federal Fair Housing Amendments Act]] (FHAA) of 1988.<ref name="animallaw.info">{{Cite web |last=Brewer |first=Kate A. |year=2005 |title=Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law |url=http://animallaw.info/articles/dduspetsandhousinglaws.htm |access-date=February 28, 2014 |website=The Animal Legal & Historical Center |publisher=Michigan State University College of Law}}</ref> These statutes, and the corresponding case law, create the general rule that a landlord cannot discriminate against people with mental disabilities in housing, and if a [[reasonable accommodation]] will enable a person living with a disability to equally enjoy and use the rental unit, the landlord must provide the accommodation. Persons with disabilities may request a reasonable accommodation, such as a waiver of a "no pets policy", for any assistance animal, including an emotional support animal, under both the Fair Housing Act and [[Section 504 of the Rehabilitation Act|Section 504]].<ref name="portal.hud.gov">{{Cite book |last=US Department of Housing and Urban Development |url=http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf |title=Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs |year=2013 |access-date=March 21, 2014}}</ref>

===== Section 504 of the Rehabilitation Act =====
Section 504 of the [[Rehabilitation Act of 1973|Rehabilitation Act]] was enacted in 1973 and made broad and sweeping statements that [[ableism|discrimination against the disabled]] in any program receiving federal financial assistance was illegal. However, it was not until 1988 when the [[US Department of Housing and Urban Development]] (HUD) created regulations under the statute. Section 504 states:{{blockquote|No otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving [[Federal aid|federal financial assistance]].<ref name="animallaw.info" />}}

In the context of [[housing discrimination]], this [[statute]] creates the rule that [[public housing]] authorities cannot deny housing to a person with a disability solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a person with a disability, the landlord is required to make the accommodation.<ref name="http" /> Even though the statute does not expressly use the phrase "reasonable accommodation", it has been read into the statute by [[case law]] and HUD [[regulations]] interpreting the statute.

To establish that a "no pets" waiver for an emotional support animal is a reasonable accommodation under Section 504, the tenant must: have a disability, be "otherwise qualified" to receive the benefit, be denied the benefit solely because of the disability, and the housing authority must receive federal financial assistance. Courts have held that "otherwise qualified" means that the tenant must be able to meet the requirements of the program in spite of the handicap. Also, the tenant must be able to meet the general rules of tenancy, such as cleaning up after the animal and walking the animal in designated areas.<ref name="animallaw.info" />

The ''Majors'' and ''Whittier Terrace'' courts established the foundational principles that a tenant can be "otherwise qualified" under Section 504 despite an inability to comply with a "no pets" policy, and that a [[waiver]] of a "no pets" policy can be a reasonable accommodation under Section 504.<ref name="http">{{cite court |litigants= Majors v. Hous. Auth. of DeKalb Ga. |vol=652 |reporter=F.2d |opinion=454 |court=United States Court of Appeals for the Fifth Circuit |date=1981 |url=http://animallaw.info/cases/causfd652f2d454.htm |access-date=February 28, 2014}}</ref><ref>{{cite court |litigants= Whittier Terrace Associates v. Hampshire |vol=532 |reporter=N.E.2d |opinion=712 |court=Appeals Court of Massachusetts |date= January 20, 1989 |url=http://animallaw.info/cases/causma532ne2d712.htm|access-date=March 5, 2014}}</ref> However, several courts have held that a tenant requesting an emotional support animal as a reasonable accommodation must demonstrate a relationship between his or her ability to function and the companionship of the animal.{{efn|See [http://www.animallaw.info/cases/causfd652f2d454.htm ''Majors v. Housing Authority of the County of Dekalb'' (5th Cir. 1981)], [http://www.animallaw.info/cases/causct1997wl30320.htm ''Housing Authority of the City of New London v. Tarrant'', (Conn. Super. Ct. Jan. 14, 1997)], [http://www.animallaw.info/cases/causma532ne2d712.htm ''Whittier Terrace v. Hampshire'' (Mass. App. Ct. 1989)], [https://casetext.com/case/matter-of-durkee-v-staszak ''Durkee v. Staszak'' (N.Y.App.Div. 1996)], [http://www.animallaw.info/cases/causny152misc2d830.htm ''Crossroads Apartments v. LeBoo'' (City Court of Rochester, N.Y. 1991)].}}<ref name="bazelon.org">{{Cite web |date=August 7, 2017 |title=Right to Emotional Support Animals in "No Pet" Housing: Fair Housing Information Sheet #6 |url=https://www.emotionalpetsupport.com/wp-content/uploads/2017/08/Emotional-Support-Animal-Fact-Sheet.pdf |access-date=August 7, 2017}}</ref> This required nexus between the disability and the emotional support animal has been refined by several courts. For instance, in ''Janush v. Charities Housing Development Corp'' (N.D. Ca., 2000), the US Northern [[United States District Court|District Court]] of California held the reasonable accommodation is a fact-based, and not species-based, issue. In ''Nason v. Stone Hill Realty Association'' (1996), a Massachusetts trial court recognized that there were more reasonable accommodations to lessen the effects of a person's disability, other than keeping an emotional support animal, and therefore denied the tenant's motion for [[preliminary injunction]]. Courts have held the emotional distress expected to occur if a person is forced to give up his or her emotional support animal will not support a reasonable accommodation claim.<ref name="animallaw.info" />

Since a violation of Section 504 requires the housing authority to receive federal funding, this act did not cover private housing providers. This [[legislative]] gap existed until 1988 when [[United States Congress|Congress]] passed the [[Fair Housing Act]] Amendments.

===== Fair Housing Act =====
Whereas only housing authorities receiving federal financial assistance are subject to Section 504, both public and private housing authorities are subject to the provisions of the Fair Housing Act. Enacted as part of the [[Civil Rights Act of 1968]] legislation, the Fair Housing Act (FHA) focused on [[Housing discrimination in the United States|housing discrimination]] on the basis of race, color, national origin, or gender; in 1988, however, the Federal Fair Housing Act Amendments (FHAA) expanded this scope to include disabled persons.<ref name="animallaw.info" /> The FHAA states that it is unlawful "to discriminate in the sale or rental ... of a dwelling to any buyer or renter because of a handicap of that buyer or renter, a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or any person associated with that buyer or renter." Further, it is discrimination for any person to: "refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas." Thus, like Section 504, the FHAA requires landlords to make reasonable accommodations for tenants.

Additionally, the FHAA, in section 3602(h) defines handicap, with respect to a person, as:
# a physical or mental impairment which substantially limits one or more of such person's major life activities;
# a record of having such an impairment; or
# being regarded as having such an impairment.<ref>{{Cite canlaw|short title = Fair Housing Act |year = 1988 |chapter = 42 |section = 3602 |subsection = (h) |wikilink = Fair Housing Act |link= http://www.animallaw.info/statutes/stusfd42usc3602.htm |source=Animal Legal & Historical Center}}</ref>

The term "major life activities" has been interpreted broadly to include those "activities that are of central importance to daily life," such as "seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, and reproducing."<ref name="Waterlander 2012" /> The [[United States Department of Housing and Urban Development]] (HUD) is responsible for administering the FHAA; the [[Attorney General]] and private individuals may enforce it.<ref name="Huss 2005">{{Cite journal |last=Huss |first=Rebecca J. |year=2005 |title=No Pets Allowed: Housing Issues and Companion Animals |url=http://animallaw.info/journals/jo_pdf/vol11_p69.pdf |journal=Animal Law Review |volume=11 |access-date=March 6, 2014}}</ref>

To establish a ''[[prima facie]]'' case of housing discrimination under the FHAA: the tenant must have a qualifying disability, the landlord knew of the handicap or should reasonably be expected to know of it, accommodation of the handicap may be necessary to afford the tenant an equal opportunity to use and enjoy the dwelling, and the landlord must deny the request, such as refusing to waive the "no pets" policy.<ref name="animallaw.info" />

The second element, that the landlord knew of the handicap or should have known of it, places an [[Legal burden of proof|affirmative burden]] on the tenant to request the reasonable accommodation, such as a waiver of a "no pets" policy for an emotional support animal. A tenant wishing to obtain a waiver of a "no pets" policy for an emotional support animal may meet this burden by providing a letter from his or her physician or mental health professional: stating that the tenant has a mental disability, explaining that the animal is needed to lessen the effects of the disability, and requesting that the animal be allowed in the rental unit as a reasonable accommodation for the disability. Landlords are entitled to ask for supporting materials which document the need for an emotional support animal.<ref name="bazelon.org" /> Mere emotional distress that would result from having to give up an animal because of a "no pets" policy will not qualify under federal law. Instead, there must be a link, or a nexus, between the animal and the disability.<ref name="animallaw.info" /> The nexus between the animal and the disability is analyzed under the third element of an FHAA housing discrimination case, known as the necessity requirement, and requires that the accommodation will affirmatively enhance a disabled tenant's quality of life by ameliorating the effects of the disability.<ref name="Huss 2005" /> So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord must provide the accommodation.<ref name="bazelon.org" />

Although the Fair Housing Act covers both [[multi-family dwelling|multi-]] and [[single-family detached home]], the sale or rental of a single-family dwelling by an owner is exempt from the statute. There are two exceptions to this exemption, however. One is that the exception will not apply if the private individual owner owns more than three single-family homes. The other exception to this exemption is the use of a [[real estate agent]] or a broker to rent out the home.<ref name="Huss 2005" />

A tenant may be awarded [[actual damages|actual]] and [[punitive damages]], [[injunctions]], and [[attorney fees]] at the discretion of the court for a landlord's violation of the FHAA.<ref name="Huss 2005" />

In most cases, landlords do grant ESAs the same reasonable housing accommodations as service animals, there have been instances where they do not. There are some court cases, such as the ''Kenna Homes'' case in West Virginia,<ref>{{Cite court|litigants=In re Kenna Homes Coop.|court=WV Supreme Ct. App.|opinion=29644|date=December 10, 2001|url=http://www.courtswv.gov/supreme-court/docs/fall2001/29644.htm}}</ref> where the court has said it is not a violation of Fair Housing rules for a landlord to require an assistance animal to have some form of training.<ref name="Campbell-2016" />

====== Landlords ======
Many landlords have "no pets" policies for their rental properties, and many landlords who allow pets impose restrictions on the type and size of pets that tenants are allowed to bring into the rental property. Many landlords are reluctant to waive their pet policies and restrictions, even when requested by a tenant who is requesting accommodation of a mental or emotional disability. Nonetheless, most landlords may not legally reject a tenant who has documented qualification for an emotional support animal, nor may a landlord charge any form of pet fee to that tenant.<ref name="Boness-2017" />

As part of any determination that excludes an emotional support animal from a residential rental property, a landlord must perform an individualized assessment of the specific animal to determine if it poses a direct threat to safety or would cause substantial property damage. An emotional support animal may not be excluded solely based upon breed or species.<ref name="rwisch">{{cite web|last1=Wisch|first1=Rebecca F.|date=2015|title=FAQs on Service and Assistance Animals in Housing |url=https://www.animallaw.info/article/faqs-emotional-support-animals|access-date=23 February 2019|website=Animal Legal & Historical Center|publisher=Michigan State University}}</ref>

Landlords may be concerned that waiving a "no pet" policy for one tenant will inspire many others to claim mental illnesses and the need for emotional support animals.<ref>{{cite news |last=Hudak |first=Stephen |date=February 18, 2010 |title=Dog Prescribed by Doctor May Get Couple Evicted from Mobile Home |url=https://www.orlandosentinel.com/2010/02/18/dog-prescribed-by-doctor-may-get-couple-evicted-from-mobile-home/ |newspaper=Orlando Sentinel |access-date=13 October 2017 }}</ref> Landlords may believe that as more tenants have animals on the property, odors and noises from the animals may deter other tenants from renting and thus lower the value of the rental property.<ref name="animallaw.info" /> Landlords may also believe that making exceptions to a "no pets" policy for a tenant's emotional support animal may confuse other tenants who do not understand why one person was allowed an animal while they were not.<ref name="Waterlander 2012">{{cite journal |last= Waterlander |first= Tara A.|year= 2012 |title= Some Tenants Have Tails: When Housing Providers Must Permit Animals to Reside in "No-Pet" Properties |journal=Animal Law Review   |volume=18  |url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/anim18&div=18&id=&page=|access-date=13 October 2017}}</ref> However, if a tenant documents the need for an emotional support animal under the Fair Housing act or state law, and the landlord is not exempt from those laws, the landlord must allow the tenant to possess an emotional support animal. The FHA does not have a conclusive definition of what type of animal an assistance or companion animal must be, plus the animal does not need to be trained to perform any specific task to be considered an emotional support or companion animal. This means dogs, cats, birds, and other types of companion animals can be considered use for emotional support.<ref>[https://rew-online.com/2016/10/opinion-the-rules-for-allowing-pets-in-no-pet-buildings The rules for allowing pets in ‘no-pet’ buildings] {{Webarchive|url=https://web.archive.org/web/20190708165642/https://rew-online.com/2016/10/opinion-the-rules-for-allowing-pets-in-no-pet-buildings/ |date=2019-07-08 }}.</ref><ref>{{Cite web|url=https://www.humanesociety.org/resources/fair-housing-act-and-assistance-animals|title=The Fair Housing Act and Assistance Animals|website=The Humane Society of the United States}}</ref>

======Pet deposits======
The US Department of Housing and Urban Development and Department of Justice have held that "providers may not require persons with disabilities to pay extra fees or [[Damage deposit|deposits]] as a condition of receiving a reasonable accommodation."<ref>{{cite web|title=Joint Statement of the Department of Housing and Urban Development and the Department of Justice – Reasonable Accommodations under the Fair Housing Act|url=https://www.justice.gov/crt/us-department-housing-and-urban-development|website=United States Department of Justice|access-date=13 October 2017|date=13 May 2004}}</ref> In 1990, a HUD administrative judge enjoined owners of an apartment complex from charging a person with a disability a pet deposit fee. The judge held that an auxiliary aid, like a service, guide, or signal dog, may be necessary to afford the individual an equal opportunity to use and enjoy the dwelling unit, including public and common areas.<ref name="Huss 2005" /> Accordingly, when a tenant qualifies for a service animal or emotional support animal, a landlord may not charge the tenant additional fees in association with the presence of the animal in the rental property.{{Citation needed|date=October 2021}} This prohibition extends to pet deposits and fees, even when those fees are charged to other tenants who have pets.

A landlord may charge a tenant for damage caused to a rental property by the tenant's emotional support animal, and may deduct the cost of repairs from the tenant's [[security deposit]], but may not increase the security deposit based upon the tenant's possession of an emotional support animal.<ref name="FAQs on Emotional Support Animals">{{cite web|url=http://www.animallaw.info/articles/qvusemotionalsupportFAQ.htm|title=FAQs on Emotional Support Animals|last1=Wisch|first1=Rebecca|year=2015|website=The Animal Legal & Historical Center|publisher=Michigan State University College of Law|access-date=March 23, 2016}}</ref>

======Exceptions======
Exceptions may apply to a landlord's obligation to allow a tenant to possess an emotional support animal. For example, owner-occupied buildings with four or fewer rental units are exempt from the federal Fair Housing Act. The Fair Housing Act also exempts private owners of single-family housing sold or rented without the use of a broker, as long as the owner does not own more than three single-family homes, as well as housing operated by organizations and private clubs that restrict occupancy to members.<ref name="FAQs on Emotional Support Animals" /> Exemptions under state law may be more restrictive than federal exemptions.

Even when the Fair Housing Act applies, circumstances may arise under which a landlord may restrict a tenant from possessing an emotional support animal.<ref name="animallaw.info" />
*If a tenant's emotional support animal compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the landlord may not have to allow the tenant in the housing or waive a "no pets" policy.
*If the tenant becomes unable to properly care for his or her emotional support animal, the landlord may be able to restrict the tenant's continuing possession of the animal.
*If a tenant is [[animal neglect|neglecting]] his or her emotional support animal and the neglect rises to a level where the animal is endangered, then there may be a basis for action by the police or animal control.<ref name="FAQs on Emotional Support Animals" /> If any animal is being neglected, local law enforcement or [[Animal control officer|animal control]] can intervene.
* If other more reasonable alternatives exist to lessen the effects of the disability and the tenant has not provided proper documentation of an emotional support animal, the landlord may not have to waive a "no pets" policy as an accommodation of the tenant's disability.
* Even if entitled to possess an emotional support animal, a tenant remains subject to all the other provisions of the lease, including any requirement to maintain his or her residence in a sanitary manner.<ref name="FAQs on Emotional Support Animals" /> A landlord may also [[evict]] a person with a disability if that person does not comply with legitimate tenancy rules that apply to all tenants.

If the requested accommodation (i.e., the waiver of a "no pets" policy for an emotional support animal) constitutes an undue financial or administrative burden for the landlord, or fundamentally alters the nature of the housing, the landlord may not have to provide the reasonable accommodation.<ref name="bazelon.org" /> However, as the burden of allowing emotional support animals is generally modest, most landlords have been unsuccessful in opposing a waiver of a "no pets" policy on the basis of a claimed extreme burden.<ref name="animallaw.info" />

====== Colleges ======
On April 25, 2013, the [[US Department of Housing and Urban Development]] sent notice to its regional offices that [[public universities]] are required to comply with the Fair Housing Act, which includes allowing emotional support animals into college dormitories and residence halls.<ref>{{cite web | title=Dorms Must Accept 'Emotional Support' Dogs, HUD Says | website= Law Blog | date=May 16, 2013 | publisher=The Wall Street Journal | url=https://blogs.wsj.com/law/2013/05/16/dorms-must-accept-emotional-support-dogs-hud-says/}}</ref> {{as of|2015}}, colleges in the United States such as [[St. Mary's College of Maryland]] were trying to accommodate students with a documented need for emotional support animals.<ref name="NYT10415">{{cite news|author1=Jan Hoffman|title=Campuses Debate Rising Demands for 'Comfort Animals'|url=https://www.nytimes.com/2015/10/05/us/four-legged-roommates-help-with-the-stresses-of-campus-life.html|access-date=October 5, 2015|work=The New York Times|date=October 4, 2015}}</ref>

While a number of institutions traditionally held a "no pets" policy, students with ESAs assert that an animal provides them therapeutic benefit.<ref>{{Cite journal |last=Phillips |first=Melinda |date=2016 |title=Service and Emotional Support Animals on Campus: The Relevance and Controversy |url=https://www.jstor.org/stable/44290251 |journal=Research and Teaching in Developmental Education |volume=33 |issue=1 |pages=96–99 |jstor=44290251 |issn=1046-3364}}</ref> Some professors have expressed concern that animals in classrooms and academic settings will cause classroom distraction.<ref name="cvb" />

===== Americans with Disabilities Act =====
The [[Americans with Disabilities Act of 1990]] (ADA) allows people with disabilities to bring their [[service dog|service animals]] in public places.<ref name="adadoj">{{Cite web |title=Service Animals |url=https://www.ada.gov/service_animals_2010.htm |access-date=19 December 2017 |website=ADA.gov |publisher=US Department of Justice}}</ref> However, the ADA only extends these protections to dogs that have been "individually trained" to "perform tasks for the benefit of an individual with a disability," which is the definition of service animals under 28 C.F.R. §&nbsp;36.104.<ref name="adadoj" /> Since emotional support animals are typically not trained for an individual's specific disability and since emotional support animals might not be dogs, they do not receive the protections of the ADA.<ref name="adadoj" /> A public place can therefore deny admission to an emotional support animal.

In situations where the ADA and the FHAA/Section 504 apply simultaneously (e.g., a public housing agency, sales or leasing offices, or housing associated with a university or other place of education), housing providers must meet their obligations under both the reasonable accommodation standard of the FHAct/Section 504 and the service animal provisions of the ADA.<ref name="portal.hud.gov" />{{efn|In 2011 the Department of Justice published [https://www.ada.gov/service_animals_2010.htm revised final regulations] implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. "The DOJ's new rules limit the definition of "service animal" in the ADA to include only dogs. The new rules also define "service animal" to exclude emotional support animals. This definition, however, does not apply to the FHAct Section 504. Disabled individuals may request a reasonable accommodation for assistance animals in addition to dogs, including emotional support animals, under the FHAct or Section 504. In situations where both laws apply, housing providers must meet the broader FHAct/Section 504 standard in deciding whether to grant reasonable accommodation requests."}}

[[File:Pexels-photo-312599.jpg|thumb|ESA in the workplace]]
Current ADA rules require employers not to discriminate on the grounds of a disability. Employers are required to accommodate service animals brought on the job with their owner. Legal requirements for ESAs in the workplace are not settled. At present, a person can have their ESA at work as long as they can provide documentation supporting the need and it is deemed a "reasonable accommodation" under the ADA.<ref>{{Cite journal |last1=Burden |first1=Donna L. |last2=Hansen |first2=Sarah E. |last3=Nash |first3=Sean |date=January 2019 |title=Are You Ready for a Wallaby at the Water Cooler: Service Animals and Emotional Support Animals in the Workplace – What Do Employer Clients Need to Know |url=https://www.iadclaw.org/defensecounseljournal/are-you-ready-for-a-wallaby-at-the-water-cooler-service-animals-and-emotional-support-animals-in-the-workplace-what-do-employer-clients-need-to-know/ |journal=Defense Counsel Journal |volume=86 |issue=1 |access-date=2022-09-13}}</ref><ref>{{Cite journal |last=Batiste |first=Linda Carter |title=Emotional Support Animals in the Workplace: A Practical Approach |url=https://askjan.org/publications/consultants-corner/vol12iss04.cfm |journal=Consultants' Corner |publisher=Job Accommodation Network |volume=12 |issue=4 |access-date=2022-09-13}}</ref>

The lack of training for emotional support animals has led to litigation. For example, there is controversy over whether the ADA definition of service animal, with its requirement of training, applies to reasonable accommodation claims for animals under the FHAA.<ref name="Ligatti 2010">{{Cite journal |last=Ligatti |first=Christopher C. |year=2010 |title=No Training Required: The Availability of Emotional Support Animals As A Component of Equal Access for the Psychiatrically Disabled Under the Fair Housing Act |journal=T. Marshall L. Rev |volume=35 |ssrn=2142597}}</ref> However, HUD administrative judges have ruled in favor of emotional support animals, despite their lack of training, as being reasonable accommodations.{{efn|See ''HUD v. Dutra'', 1996 WL 657690 and  ''HUD v. Riverbay Corporation'', 1994 WL 497536.}}<ref name="Ligatti 2010" /> Additionally, several courts have also ruled that untrained assistance animals are reasonable accommodations under the FHAA.{{efn|See [https://scholar.google.com/scholar_case ''Overlook Mutual Homes, Inc. v. Spencer'' (S.D. Ohio 2009)], [http://www.animallaw.info/cases/causfd54f3d425.htm ''Bronk v. Ineichen'' (7th Cir. 1995)], [https://www.justice.gov/crt/about/hce/documents/goldmark_mem_3-30-11.pdf ''Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc.'' (D.N.D. 2011)] (this case acknowledges that some courts use the ADA definition of service animals to apply to animals under the FHAA).}} Yet, there are cases that have held an assistance animal, in order to be considered a reasonable accommodation under the FHAA, must be trained.{{efn|See [http://www.courtswv.gov/supreme-court/docs/fall2001/29644.htm "In re Kenna Homes Co-op. Corp." (2001)], [http://www.animallaw.info/cases/causfd304fsupp2d1245.htm ''Prindable v. Association of Apartment Owners of 2987 Kalakaua'' (D. Haw. 2003)], [https://casetext.com/case/assenberg-v-anacortes-housing-authority ''Assenberg v. Anacortes Housing Authority'' (W.D. Wash. 2006)].}}

Under U.S. law, only service animals must be allowed access to health care facilities. The grant of access for therapy animals and ESAs thus reflects a considered decision by the healthcare provider in relation to patient care, as opposed to a legal mandate.<ref>{{Cite journal |last=Niels |first=Martin |year=2018 |title=Comfort at the crossroads: Service, therapy and emotional support animals in the intensive care unit and at the end-of-life |url=https://journals.lww.com/jtrauma/Fulltext/2018/06000/Comfort_at_the_crossroads__Service,_therapy_and.20.aspx |journal=Journal of Trauma and Acute Care Surgery |volume=84 |issue=6 |pages=978–984 |doi=10.1097/TA.0000000000001877 |pmid=29521800 |s2cid=3771789}}</ref>

==== State law ====

In some US states, providing a letter, registry, or certificate to a person who is not disabled is a crime. Many states have made it a criminal [[misdemeanor]] to make false claims stating that their animal is an assistance animal or to say they are a handler training an assistance animal.<ref name="Campbell-2016">{{Cite journal |last=Campbell |first=Kayla |date=Fall 2016 |title=Supporting Adoption of Legislation Criminalizing Fake Service and Emotional Support Animals |url=https://drive.google.com/file/d/0B0gcImiUSq5EOV9Pa1lfZkJ6MTQ/view |journal=Journal of Animal & Environmental Law |volume=8 |issue=1 |pages=73–93}}</ref> States that have passed laws criminalizing the misrepresentation of service and assistance animals include Alabama, Arizona, California, Colorado, Florida, Idaho, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas, Utah, Virginia, and Washington State.<ref>{{Cite web |last=Wisch |first=Rebecca F. |date=2019 |title=Table of State Service Animal Laws |url=https://www.animallaw.info/topic/table-state-assistance-animal-laws |access-date=17 October 2019 |website=Animal Legal & Historical Center |publisher=Michigan State University}}</ref>

== Controversy ==
Controversies include the behavior of some animals, harm to other people, the problem of widespread fraud, and the scientific inquiry about the benefit of emotional support animals.

The rise of ESAs over the past decade has sparked controversy since animal owners receive ESA certifications from internet sites with little or no psychiatric evaluation, fueling fraudulent ESA claims by airline passengers and tenants. The presence of animals in these spaces poses risks to passengers and neighbors, such as allergic reactions, animal bites, hygiene issues, or emotional distress for those with a cultural or physical aversion to animals. Both poorly trained emotional support animals and poorly trained pets that are being fraudulently passed off as emotional support animals represent a threat to the health, safety, and function of both people and trained service animals.<ref>{{Cite journal |last1=Carroll |first1=Joshua D. |last2=Mohlenhoff |first2=Brian S. |last3=Kersten |first3=Charlie M. |last4=McNiel |first4=Dale E. |last5=Binder |first5=Renée L. |date=2020-12-01 |title=Laws and Ethics Related to Emotional Support Animals |url=http://jaapl.org/content/48/4/509 |journal=Journal of the American Academy of Psychiatry and the Law |language=en |volume=48 |issue=4 |pages=509–518 |doi=10.29158/JAAPL.200047-20 |doi-broken-date=1 November 2024 |issn=1093-6793 |pmid=32938644}}</ref><ref name="Morris-2018">{{Cite news|url=https://www.mercurynews.com/2018/03/07/crackdown-on-fake-service-animals-rise-in-fraud-hurting-people-with-disabilities/|title=Crackdown on fake service animals: Rise in fraud hurting people with disabilities|last=Morris|first=Joan|date=2018-03-07|work=The Mercury News|access-date=2018-10-14|language=en-US|df=mdy}}</ref>

Emotional support animals may behave differently from trained assistance animals. For instance, due to the lack of training, an emotional support animal may bark or sniff at other people, whereas service dogs are trained not to do so.<ref name="Witz" />

People with unique disabilities ([[invisible disability]]), such as [[List of allergens|allergy to animal dander]], have had allergic attacks triggered by emotional support animals.<ref>{{Cite news|title=Fake service animals: Why airline passengers are upset|work=ajc|url=https://www.ajc.com/news/crime--law/fake-service-animals-why-airline-passengers-are-upset/foof3Zb7pCLfEtDxj2RjBJ/|access-date=2018-10-14}}</ref>

There is also a concern about people fraudulently acquiring emotional support animals though they are legally not considered disabled.<ref name="Leonhardt-2018">{{Cite news|url=https://www.nytimes.com/2018/02/04/opinion/flying-pets-scam-peacock.html|title=It's Time to End the Scam of Flying Pets|last=Leonhardt|first=David|date=4 February 2018|work=The New York Times|access-date=2018-10-14|language=en}}</ref>  According to one survey, Americans generally believe that a majority of emotional support animals serve a legitimate need, but the more experience the respondents had with service animals and emotional support animals, the more aware they were of fraud.<ref>{{Cite journal|last1=Schoenfeld-Tacher|first1=Regina|last2=Hellyer|first2=Peter|last3=Cheung|first3=Louana|last4=Kogan|first4=Lori|date=15 June 2017|title=Public Perceptions of Service Dogs, Emotional Support Dogs, and Therapy Dogs|journal=International Journal of Environmental Research and Public Health|volume=14|issue=6|pages=642|doi=10.3390/ijerph14060642|issn=1660-4601|pmc=5486328|pmid=28617350|doi-access=free}}</ref>  The prevalence of fraud, and the rising popularity of emotional support animals, has increased the number of animals in public places where animals are normally not allowed.

Historically, some airline passengers misrepresented their animals as ESAs in order to be allowed to bring them onboard.<ref name="Witz">{{cite news|last=Witz|first=Billy|date=November 15, 2013|title=Emotional Support, With Fur, Draws Complaints on Planes|newspaper=The New York Times|url=https://www.nytimes.com/2013/11/16/business/emotional-support-with-fur-draws-complaints-on-planes.html|access-date=March 1, 2014}}</ref><ref name="Department of Transportation">{{Cite web|last=Department of Transportation|date=|title=Service Animal Final Rule|url=https://www.transportation.gov/sites/dot.gov/files/2020-12/Service%20Animal%20Final%20Rule.pdf|access-date=|website=Transportation.gov}}</ref> There were incidents of injury to passengers and airline employees, caused by emotional support dogs.<ref>{{Cite web|date=July 23, 2019|title=American Airlines flight attendant bitten by emotional support dog, requires five stitches|url=https://news.yahoo.com/american-airlines-flight-attendant-bitten-220555489.html|website=news.yahoo.com}}</ref>

== See also ==
{{Portal|Law}}

* {{Annotated link |Service animal}}
** {{Annotated link |Assistance dog}}
** {{Annotated link |Autism service dog}}
** {{Annotated link |Guide dog}}
** {{Annotated link |Guide horse}}
** {{Annotated link |Hearing dog}}
** {{Annotated link |Medical response dog}}
** {{Annotated link |Mobility assistance dog}}
** {{Annotated link |Psychiatric service dog}}
** {{Annotated link |Seizure response dog}}
* {{Annotated link |Animal-assisted therapy}}
* {{Annotated link |Therapy cat}}
* {{Annotated link |Therapy dog}}

== Notes ==
{{notelist|refs=

{{Efn|name=FHEO1|Common household animals include: dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal. Barnyard animals and other non-domesticated animals are not considered common household animals and fall under the "unique animals" classification.<ref name="FHEO"/>}}

{{Efn|name=FHEO2|Quote: "If the individual is requesting to keep a unique type of animal that is not commonly kept in households as described above, then the requestor has the substantial burden of demonstrating a disability-related therapeutic need for the specific animal or the specific type of animal."<!--<ref name="FHEO"/>  -->}}

}}

== References ==
{{Reflist|refs=

<ref name="FHEO">{{Cite web |title=FHEO Notice FHEO-2020-01 : Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act |url=https://www.animallaw.info/sites/default/files/HUD%20FHEO%20Assistance%20Animals%20Notice%202020.pdf |author=United States Department of Housing and Urban Development |author-link=United States Department of Housing and Urban Development |via=[[Michigan State University College of Law]] |date=January 28, 2020}}</ref>

}}

==External links==
* {{Cite web |url=https://www.animallaw.info/topic/table-state-assistance-animal-laws |title=Assistance Animal State Laws |department=animallaw.info |publisher=Michigan State University}} 
* {{Cite web |url=https://www.tsa.gov/travel/special-procedures  |title=Disabilities and Medical Conditions |publisher=Transport Security Administration}}}

{{authority control}}

[[Category:Assistance animals]]
[[Category:Emotional issues]]