Donna has always been there for me. Yes, she's a bull terrier
mix AKA: A pitbull, but she helps with my SAD and PTSD. People are
afraid of her, but I feel it's
their problem. Then I discovered the following:
What Is An Emotional Support Animal (ESA)?
An emotional support animal (ESA) is a person's pet that has been
prescribed by a person's licensed therapist, psychologist, or
psychiatrist (any licensed mental health professional). The animal is
part of the treatment program for this person and is designed to bring
comfort and minimize the negative symptoms of the person's
emotional/psychological disability.
What Animals Qualify To Be An ESA?
All domesticated animals may qualify as an ESA (cats, dog, mice,
rabbits, birds, snakes, hedgehogs, rats, mini pigs, ferrets, etc.) and
they can be any age (young puppies and kittens, too!). These animals do
not need any specific task-training because their very presence
mitigates the symptoms associated with a person's
psychological/emotional disability, unlike a working service dog. The
only requirement is that the animal is manageable in public and does not
create a nuisance in or around the home setting.
How To Qualify
For a person to legally qualify for an
emotional support animal(ESA),
he/she must be considered emotionally disabled by a licensed mental
health professional (therapist, psychologist, psychiatrist, etc.), as
evidenced by a properly formatted prescription letter. Typically, a
medical doctor does not qualify because they are not a licensed mental
health professional. Some airlines and property managers will accept a
verification form completed by a family doctor, however.
The letter should state that:
1. You are currently his/her patient.
2. Are under his/her care for the treatment of mental
disability found in the DSM IV or V (the Diagnostic and Statistical
Manual of Mental Disorders, version 4 or 5).
3. Your disability substantially limits at least one major life activity.
4. He/she prescribes for you an emotional support animal as a necessary treatment for your mental health.
In addition, the letter must be dated, written on his/her letterhead,
include his/her license type, number, date of license, and state in
which the license was issued.
What Are Your Legal Protections and Rights?
The Air Carrier Access Act 49 U.S.C. 41705, Dept. of Transportation
14 C.F.R. Part 382, Fair Housing Amendments Act of 1988 are the laws
that protect an emotionally disabled person and his/her ESA.
The legal protections an Emotional Support Animal (ESA) has are to:
1. Fly with its emotionally or psychologically disabled handler in the cabin of an aircraft without being charged a pet fee.
2. Qualify for no-pet housing (that also includes limited size, breed, or species housing) without being charged a pet fee.
Housing Rights and Your Service or Emotional Support Animal
If a person is physically impaired (disabled) and has individually
trained service dog to perform a major life task that the person has
trouble performing for him or herself (or an emotional support animal
prescribed by a licensed mental health professional), the Fair Housing
Amendments Act of 1988 requires the landlord/property manager to make a
reasonable accommodation to their policies and allow the tenant to have
an emotional support animal. This includes species, breed, and weight
policies.
That means if they have a "cats only" policy, they must accept your
service dog. If they have a policy that allows dogs weighing no more
than 30 lbs. and your emotional support animal (ESA) weighs 75 lbs.,
they must make a change in the rules to accommodate you. If they accept
all dogs, except pit bulls, and you have a pit bull, they must allow
your pit bull to reside with you.
Documentation Required For Emotional Support Animals
The one requirement for a person to legally qualify for an emotional
support animal (ESA) is that the person has a letter from a licensed
mental health professional (therapist, psychologist, psychiatrist -NOT
the family doctor) on his/her letterhead that states the person is under
his/her care, is emotionally or psychiatrically disabled, and
prescribes for the person an emotional support animal. Without this
letter, if the person presents an animal as an ESA, he/she is in
violation of federal law; an offense punishable by fine and
imprisonment, if convicted.
Verification May Be Required By Property Managers
These laws allows a property manager to accept a letter from the
tenant's licensed mental health professional (LMHP) for an ESA, but they
may also require a verification form to be completed by a physician or
LMHP, confirming the tenant's physical/emotional/psychiatric disability.
Despite how much the property manager/landlord does NOT want your
service dog or emotional support animal, federal law requires him/her to
make a reasonable accommodation in the rules. If they do not, they are
discriminating against a disabled person and are in violation of federal
law. Here is a link to a government document (one of many) that
addresses this issue. See the 3rd page, second column):
http://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownership_Final_Rule.pdf
Examples and Specific Rules
So how do Fair Housing laws apply to real life situations? Here are some examples:
John has been diagnosed with severe depression and is
disabled as defined by the Fair Housing Act. His doctor prescribes John a
dog to help alleviate some of his symptoms. John asks his landlord if
he can have a dog as a reasonable accommodation for his disability. His
landlord says yes, but tells John he'll need to pay a $250 pet deposit
and must provide proof that the animal is trained.
Question: Did John's landlord correctly handle John's
request under the Fair Housing Act? What if John wanted a cat or a
ferret instead?
Answer: No, John's landlord did not handle his
request correctly. The landlord cannot charge John a pet deposit for his
animal because it is not a pet, but rather emotional support animal
required for his emotional impairment. Further, the landlord cannot ask
for proof that the animal is trained. Lastly, emotional support animals
do not have to be just dogs; they can also be other animals, such as
cats or ferrets (and many other species).
Landlords cannot:
- Ask a tenant to pay a deposit, fee, or surcharge in exchange for having a service or emotional support animal, even if they require such a practice from owners who wish to obtain pets in their dwelling.
- Require that an emotional support animal have any specific training
- Require the emotional support animal to wear or carry any special
collar, harness, vest, emblem, or other means of identifying it as such.
- Inquire about the extent of the disability, or ask for detailed
medical records for the individual requesting the service or emotional
support animal.
- Refuse to accommodate you and your animal because their insurance
policy won't allow a species, breed, or weight. They are still subject
to the law.
- A person with a disability may, however, be charged for damages
caused to the premises by their emotional support or service animal.
- A disabled person who does not properly manage his/her unruly,
destructive, aggressive, or disturbance causing animal can be evicted.
What To Do When a Property Manager Refuses To Comply
Failure to accommodate a physically or emotionally impaired person is
a violation of federal law and can be successfully sued AND the
landlord/property manager financially penalized by the U.S. Justice
Dept. because it is considered discrimination against a disabled person.
Something the government takes seriously.
1. Clients are encouraged to make sure the landlord or
property manager are clearly aware of the law and consequences to help
them avoid prosecution and punitive damages. Most are in violation
simply because they do not know the law. The U.S. Justice Dept. does not
consider the property manager's lack of awareness when they prosecute
them, however.
2. A client can report the landlord/property manager to the U.S. Justice Dept. and file a complaint for discrimination.
3. A client may sue the landlord/property manager for discrimination.
You'll need to be prepared to reinforce your position and case with
supplemental documentation from a physician or mental health
professional that verifies your need for the animal.
Done and DONE! Input? Opinions?
