Emotional Support Animals vs Service Animals

Many of us are aware of Service Animals – animals who help an owner with specific tasks - but Emotional Support Animals (ESA) are a rising trend across the country and many people are unfamiliar with the difference. ESAs are animals that provide “comfort and companionship to their owner to help alleviate the symptoms of an emotional or mental disability. ESAs are commonly referred to as assistance or companion animals.” They are not considered pets and have some protective rights. ESA can include just about any domesticated animal from cats, dogs to pigs and miniature horses.

ESA obtain their status through obtaining a letter from a health professional. This letter can be obtained through online services or in-person health professionals.

Service Animals differ in that they are subject to strict training and certification designed to help people with mobility challenges, visual issues and can even warn their owner when an medical episode is sensed. Service Animals have more rights and protection in the law than an ESA.

There has been an increasing trend in ESAs and being informed about the trend is paramount to both an ESA owner and a landlord.

So it is important to know your rights both as an ESA owner as well as a landlord.

1. Can a landlord charge a pet deposit for an ESA? No. ESA are not pets and a landlord cannot charge a deposit.

2. Can a landlord deny an ESA? Usually not. The law does carve out some latitude for “reasonableness” of accommodations (i.e. a 3rd floor apartment may not be suitable for a domesticated pig). Animals who may be dangerous to people and property may be denied but a landlord should consult with an attorney before making any decisions.

3. Does a renter need to disclose the existence of an ESA? It is best practice to disclose the existence of the ESA to the landlord and present the ESA letter. This can help avoid disagreements over per deposits and restrictions.

4. What if an HOA doesn’t allow dogs over 50 pounds or limits animals to only 2 cats? The HOA is bound by the same laws as the owner and cannot deny the ESA (again with a few/limited exceptions).

5. ESA owners are still liable for damage caused by the ESA.

This can be a complicated law and landlords can be unfamiliar with the law. Both the ESA owner and the landlord have rights and again, should consult with an attorney when there is question about what is allowed or not.