FREQUENTLY ASKED QUESTIONS

WHAT IS AN EMOTIONAL SUPPORT ANIMAL (ESA)?

An ESA is any animal that provides emotional support, alleviating one or more symptoms or effects of a person’s disability. Emotional support animals can provide companionship, relieve loneliness, and help with depression, anxiety or certain phobias. An individual is qualified through an evaluation by a licensed mental health professional (LMHP) who has determined that the companionship of an ESA will benefit the patient’s mental health.

Alleviated symptoms may include but are not limited to:

• Less stress and lower blood pressure

• Fewer panic attacks or anxiety-related symptoms

• Increased function in regular daily tasks

• Increased ability to spend time around other people

• Feeling of security in places otherwise found uncomfortable

• Motivation and sense of purpose / general wellbeing.

WHICH TYPES OF ANIMALS QUALIFY?

While certain animals are more common, any domesticated animal can qualify as an ESA. ESAs are not limited to dogs and are often cats, birds and rabbits, but also can be more unusual animals, such as pigs and hedgehogs. Choose an emotional support animal which truly calms you and benefits your lifestyle.

Some animals are naturally more attuned to their owners’ emotions. The primary benefit is often the simple companionship that comes from spending time with an animal. Animals can be a great comfort during times of distress, and a much-needed positive presence on a difficult day.

Depending on the type of animal, taking care of them can be a lot of work. For some, this responsibility can be useful motivation to do things like adhere to routines (e.g., feeding your animal at the same times every day) or going outside and exercising regularly (e.g., walking a dog).

DOES MY ESA NEED TRAINING?

• No. While certain animals are more common and can be trained for emotional support, Federal law does not require your animal to be professionally trained to perform specific tasks. Instead, it is the presence of the animal that relieves the symptoms associated with a person’s serious mental health condition.

• Even though you are not required to formally train your ESA, the animal must be reasonably well-behaved, housebroken, not be a danger or nuisance to others, and submissive to the control of its handler at all times. If your animal is creating a nuisance it can be removed from an establishment.

DO I QUALIFY FOR AN EMOTIONAL SUPPORT ANIMAL?

You must be considered to have a qualifying mental or psychiatric disability when being evaluated. If you have already been diagnosed and have sought treatment through medication, therapy or counseling, you may qualify. An ESA letter can be issued when the regular presence and companionship of an ESA is recommended as ongoing treatment by a licensed mental health professional (e.g. psychiatrist, psychologist, therapist, etc.) or other licensed professionals trained in mental health such as medical doctors (M.D.), doctors of osteopathy (D.O.), or nurse practitioners (N.P.). There is no age limit and minors are accepted for evaluation when accompanied by a parent, legal guardian or authorized caretaker who is over the age of 18. You do not have to be physically disabled to have an emotional support animal.

Examples of of qualifying conditions can be but are not limited to::

• Agoraphobia

• Anxiety

• Bipolar or other mood disorders

• Grief over significant loss

• Obsessive compulsive disorder (OCD)

• Panic attacks

• Personality disorders

• PTSD

• Socially-induced stress or anxiety

• Other emotional or psychological conditions and less common mental and emotional disorders

CAN I HAVE MORE THAN ONE ESA?

Yes, you can. In order to qualify for multiple ESAs each animal must provide you, under different qualifying conditions, a separate type of ongoing comfort or relief.

Please note: if a separate letter is needed for each ESA, it can be provided at an additional cost.

ESA LETTER & CONTENTS:

An ESA Letter can be issued when a patient has been clinically diagnosed with a specific mental or emotional health condition. An ESA letter is a legally binding document provided by their LMHP when the patient is in need of an ESA as ongoing treatment for therapeutic benefit (e.g., emotional support, comfort, companionship). Letters are valid for one (1) year and need to be renewed on an annual basis.

Under California law, patients must maintain a relationship with their doctor for at least 30 days before receiving qualifying documentation for their ESA.

The recommendation contains the following:

• Official letterhead

• Patient's full legal name

• Provider name / medical profession

• Date letter was issued (valid for 1 year)

• License number / date license was issued

• Animal type / breed

• Qualifying statement contents:

  • Patient has a mental condition which qualifies for ownership of an emotional support animal.

  • Ways in which an emotional support animal helps with treatment of patient’s medical condition(s)

  • ESA helps with symptoms caused by a diagnosed mental condition, and is necessary to aid in comfort and everyday function.

NOTE: By law and in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) issued by the US Department of Health and Human Services (HHS), an emotional support animal letter is protected health information (PHl) and is therefore not required to disclose any information pertaining to / or which specifies diagnosis of patient's medical condition or disability. See link above for more info.

HOUSING:

Many apartments and other rentals prohibit pets, and you may encounter landlords or management companies who will require an ESA letter to allow your animal to live with you. Emotional support animals are allowed in all housing regardless of pet policy, so understanding how you are legally covered can be a key point in protecting your rights. Your ESA Letter serves as legal documentation stating your therapy animal is a type of treatment for your diagnosed medical condition, and will help apartment complexes, landlords, etc. see that your animal serves a purpose.

• PET DEPOSITS / PET RENT

  Some apartments and rental units require a huge fee for keeping a “pet”. If you have an ESA letter, in a court of law your animal is no longer considered a pet, therefore pet deposits or pet rent fees do not apply and should be waived. You can, however, still be financially responsible if your animal causes damages to the property.

• DOCUMENT DISCLOSURE

  When moving into a new house or unit, you are only required to present documentation of a valid ESA letter upon request. Legally you are never required to disclose your diagnosis or any other medical information, nor can your landlord or management ever require it. It’s important to note that your letter is only valid for one (1) year, and will need to be renewed on an annual basis. This means that if you rent long-term, your landlord legally has the right to see your renewed ESA letter every year.

• COLLEGE:

  Covered under The Fair Housing Act (FHA) says that “housing providers cannot refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.” This means that colleges and universities must allow ESAs in housing, even if there is a no-pet policy.

  Read below and prepare yourself to ensure you’re taking all the right steps for a smooth and easy transition:

  • Policies

    Rules vary from school to school, and it is important to learn about your school’s specific policy regarding ESAs. Typically, the process begins in the school’s office of disability services. The disability office will ask for documentation of a disability, and a letter from a licensed mental health professional stating that an ESA is needed. Some schools may have additional requirements such as the length of time you’ve been a patient of the LMHP. The school might ask to see documentation of veterinarian visits, relevant vaccinations or other evidence that your animal is healthy and being taken care of properly.

  • ESA accomodations

    Emotional support animals are considered an accommodation, and therefore you may also need to communicate directly with your school’s housing office. You might also need to communicate with other offices and individuals (e.g., campus security, your resident advisor, students you live with) about the logistics of an animal on campus. Rules may vary; bringing a rabbit onto a campus looks very different from bringing a dog, pig or mini horse. As another example, dog owners may be asked to register their animal with the town/city in which the school is located. ESAs must follow all local pet regulations in terms of registration and vaccination, etc.

ABOUT THE FAIR HOUSING ACT:

According to the U.S. Department of Housing and Urban Development (HUD), having an ESA is protected by the Fair Housing Act of 1968. It was passed to protect discrimination and individuals or families with disabilities and allow them to find housing without additional fees or need to regularly search for new homes. This act also states that landlords are required to make “reasonable” accommodations for those living with disabilities.  Regardless of qualifying condition, housing ESAs is protected as the FHA recognizes their purposes and protects them by law.  For more information,  download a copy here or visit the links by clicking above.

TRAVEL:

• WORKPLACE

  Employers are required to provide reasonable accommodation when requested by an individual with a disability. Title I of the ADA covers employment. Title I does not limit the type of animal that an individual with a disability can take to the workplace. With this in mind, allowing a service animal or emotional support animal to accompany an individual with a disability to work may be considered an accommodation. 

• PUBLIC SPACES

  You may also be allowed to bring your animal in areas in which they are not permitted, however the animal should have good social skills if taken in public places. Animals creating a threat or causing a nuisance may be removed.

• BUSINESSES

  Each business has the choice to either permit or deny animals in their place of work (such as Petsmart). While some of them are very understanding of ESA needs and are willing to work with individuals to support their mental health needs, it is up to the business to determine whether or not they allow such animals.

FLYING WITH AN ESA

If you need emotional support during takeoff or landing, you might want to consider training and registering your ESA as a Service Animal. According to the updated Air Carrier Access Act (ACAA), ESAs can now be treated by all airlines as regular pets. This means requests to allow your ESA to fly with you in the cabin of the plane no longer need to be accommodated. While ESA’s are no longer required to be accepted, some airlines still make certain accommodations. The following airlines allow your dog or cat to fly in cabin (with a fee):

Domestic:

• Alaska Airlines

• Southwest Airlines

• United Airlines

• American Airlines

• Delta Airlines

• Hawaiian Airlines

International:

• LATAM Airlines

• Volaris

• Aeromexico

DOES MY ESA NEED TO BE REGISTERED WITH THE STATE?

No. There is no legal requirement that an animal must be “registered” or “certified” in order for it to serve as an ESA. Businesses that claim to register or certify ESAs are charging for a service that is unnecessary to establish the necessity of a reasonable accommodation.

Resources:

https://www.cdc.gov/phlp/publications/topic/hipaa

https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals

https://calcivilrights.ca.gov/housing

https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals

https://www.transportation.gov/airconsumer/passengers-disabilities