Emotional Support Dogs
What is an Emotional Support Dog?
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An Emotional Support Dog, or ESA, is a dog that soothes anxiety, depression, or other mental health disability simply by his or her presence. There is no actual, legally recognized certification required in order for your dog to be an ESA, BUT if you do not have a mental health disability that is recognized in the most current version of the DSM there is no certification that can turn your dog into an ESA.
In order for a dog to qualify as an ESA, the owner must have their primary care physician or mental health professional who has been treating them write a letter for them stating what jurisdiction they are in, how long they have been treating you, that you have a mental illness that is recognized in the most current version of the DSM, and that it is their professional opinion that the owner's mental health will improve from the presence of the dog. Since mental health disabilities are subject to change, this letter must be updated on a yearly bases in order for the dog to maintain ESA status. These letters must also come from a doctor that has met and worked with you in person and treated you as a real client. Letters that can be bought on line from a doctor or therapist who has never actually met or treated you are not legally recognized. Please note that an ESA is NOT a Service Animal and that an owner of an ESA does NOT have the right to have an ESA with him or her in public places. |
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What Laws Govern ESA's?
Under the Fair Housing Act, an individual with an ESA has the right to keep a dog in the home regardless of a landlord's pet rules (this is only applicable to landlords who own 4 or more rental units. Landlords that have less than that are exempt), so long as the individual can provide proper documentation (a letter from a doctor or mental health professional who has been treating them) recommending the individual the use of an ESA. The landlord may not charge pet fees, but he or she may hold the individual responsible for any damages done by the ESA.
Click here for more information about housing laws with ESA's.
In the past, handlers of ESA's had travel rights and could take their ESA's on planes with them. Unfortunately, due to massive abuse of the system, as of January 7, 2021, ESA's are no longer allowed to be taken on planes.
Under Title I of the Americans with Disabilities Act (ADA) in some rare cases, an individual may be given permission to bring their ESA to work with them as a reasonable accommodation. ADA law DOES NOT cover an individual to have an ESA with them in public places such as restaurants, grocery stores, etc. Being able to bring an ESA to the work place is only an option if the mental health disability of the individual is severe enough that it is interfering with the individual's ability to perform his or her job. The work environment must be such that having the ESA there will not fundamentally alter the nature of the business and will not pose any kind of danger or health issues. The ESA must also be quiet and well behaved in order to be allowed.
Click here for more information about ESA's in the workplace
Click here for more information about housing laws with ESA's.
In the past, handlers of ESA's had travel rights and could take their ESA's on planes with them. Unfortunately, due to massive abuse of the system, as of January 7, 2021, ESA's are no longer allowed to be taken on planes.
Under Title I of the Americans with Disabilities Act (ADA) in some rare cases, an individual may be given permission to bring their ESA to work with them as a reasonable accommodation. ADA law DOES NOT cover an individual to have an ESA with them in public places such as restaurants, grocery stores, etc. Being able to bring an ESA to the work place is only an option if the mental health disability of the individual is severe enough that it is interfering with the individual's ability to perform his or her job. The work environment must be such that having the ESA there will not fundamentally alter the nature of the business and will not pose any kind of danger or health issues. The ESA must also be quiet and well behaved in order to be allowed.
Click here for more information about ESA's in the workplace
What Training Does an ESA Need?
While no specialty training is required in order for your dog to be an ESA, bad behavior can be a problem. If the dog is a nuisance (barks uncontrollably, harasses other tenants, etc), is determined to be aggressive or a danger in any way, is not potty trained, or is overly destructive (causes damage that you cannot afford to fix or replace yourself), the landlord can require removal of the ESA from the premises. Because of this, it is a good idea to obtain at least basic obedience for your ESA at the bare minimum. As evidence of training, many people like to work towards earning a Canine Good Citizen title for their ESA.