Are Emotional Support Animals Protected?

Emotional support animals have been growing in popularity. These animals comfort their owners through the companionship they provide, which can have immense therapeutic benefits for those struggling with a psychiatric condition.

Since they aren’t pets, many ask themselves, “Are emotional support animals protected?” In this article, we will cover the legal protections emotional support animals have. Whether you already have an emotional support animal or are considering speaking with a mental health professional about it, read on to learn all about their protections.

What Is an Emotional Support Animal?

An emotional support animal is an animal that is basically prescribed by a licensed mental health professional to an individual with a mental disability to alleviate their symptoms. These animals simply exist and provide therapeutic benefits through their companionship.

Unlike service animals, which must perform a task for the handler’s disability, like reminding their owner to take their medication or performing deep pressure therapy, emotional support animals don’t have any training requirements. They simply exist and comfort their owners by standing by their side or through the routine involved in caring for them.

An emotional support animal can also be any animal that an individual is allowed to keep in their state. In comparison, only dogs and miniature horses can be service animals.

Are Emotional Support Animals Protected? Federal Laws

With the importance of emotional support animals for the well-being of their owners, the federal law grants them certain protections. Although the protections of emotional support animals have been reduced significantly over the years, they are still protected under the Fair Housing Act (FHA).

This law allows emotional support animals (as well as service animals) to live with their owners, even if there’s a no-pet clause on their lease or rental agreement. The same applies to buildings with no-pet restrictions, including breed and weight limits. Simply by presenting their ESA letter, those with an emotional support animal can request their housing provider to accommodate their support animal.

In short, the Fair Housing Act enables those with emotional support animals to have their animals by their side in housing. Other than the FHA, emotional support animals used to enjoy protections under the Air Carrier Access Act, which enabled them to fly in the passenger cabin with their owners free of charge, just like service animals.

However, the Department of Transportation amended the law in December 2020, and emotional support animals no longer have the same protections. When it comes to air travel, emotional support animals are subjected to the same rules as pets, such as weight limits for flying in the passenger cabin.

Are Emotional Support Animals Protected Under State Laws?

Emotional support animals, unfortunately, don’t have added protections in addition to the federal protections when it comes to state laws. Some states recognize emotional support animals, but this isn’t for granting them extra protections on top of the Fair Housing Act.

In recent years, some states have put together guidelines for under what circumstances a licensed mental health professional can write an ESA letter. For instance, a therapist must have at least a 30-day relationship with their client before they can write an ESA letter in California and Florida.

To learn more, research your state’s ESA laws if you currently don’t have an emotional support animal but are considering it as part of your treatment plan with your mental health worker.

Are Emotional Support Animals Protected? A Conclusion

Emotional support animal registration isn’t a legal requirement. As long as you have a valid ESA letter from a licensed mental health professional, you have the only document needed to have an emotional support animal.

However, ESA registration can have its own benefits despite not being a legal requirement. Given that emotional support animals have limited protections compared to service animals, registration can work as a great way to have access to more benefits for emotional support animal owners.

The scope of the benefits, of course, depends on what the registry offers and how big it is. Take US Service Animals as an example; it is the largest online database for emotional support animals in the US, allows others to validate your registration with your animal’s number, gives you an animal ID card that shows your animal’s registration status, and offers legal support.

With this to keep in mind, registration can help provide extra proof and reinforce your ESA rights, even though you’re not legally required. When searching for a registry to register your emotional support animals, stay away from ones that claim registration is a must and your ESA won’t be valid without proper registration.