Know the Facts About EMOTIONAL SUPPORT ANIMALS
.
What is an Emotional Support Animal (ESA)? An emotional support animal (ESA) is an animal that provides emotional support to an individual with a disability. It is not a pet.
How is an Emotional Support Animal different than a Service Animal? A service animal is an animal that has been trained to perform a particular task or to do work for a person with a disability. An emotional support animal is not required to perform tasks and provides therapeutic, emotional support. A service animal currently has more rights under the law than an emotional support animal. Generally, emotional support animals are only permitted in housing and aviation travel. Service animals, however, are permitted in places of public accommodation (i.e. retail store, doctor’s office, etc.).
What kind of animals can be Emotional Support Animals? Dogs and cats are the most common; however, other types of animals can be emotional support animals. If the animal is one that is not normally kept in the household, such as a monkey or pig, you should be prepared to provide documentation from a health care provider that supports the need for that specific type of non-household animal.
How do I get ready to adopt an animal to be an Emotional Support Animal? If you rent your home, you should submit a reasonable accommodation request to your landlord as soon as possible. It may be in writing or verbal. Documentation that may be required:
Verification of your disability. Your landlord may ask for documentation of your disability if it is not apparent. For example, mental illness is not a visible type of disability. The documentation can be from your health care provider or it can be documentation that shows that you receive SSDI or documentation that shows your eligibility for a program because of disability.
Verification of need for an Emotional Support Animal (ESA). You may also need to obtain documentation from a health care provider that supports the need for the emotional support animal and that the animal provides you with emotional support if your disability is not obvious (i.e. mental illness). Note: You do not need to obtain certification that “certifies” your animal as an ESA.
Can my landlord charge me a pet fee or deposit or can my landlord or co-op evict my Emotional Support Animal? No, they may not. In addition, restrictions (i.e. breed, size, etc.) placed on pets, may not be placed on emotional support animals. And no, unless the animal poses a direct threat that cannot be reasonably removed and/or eliminated. For more information about your legal rights as the owner of an Emotional Support Animal, use the Protection & Advocacy System for your state or territory via the National Disability Rights Network at ndrn.org. DRNY is supported at tax payer expense by the U.S. Department of Health & Human Services, Administration on Disabilities; the Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and, the Social Security Administration. This document does not represent the views, positions or policies of, or the endorsements, by any of these federal agencies.
© 2021 Created by Disability Rights New York for the ASPCA