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?
I'm not sure what you are seeking an opinion on? The only reaction I have to your post is a sort of confusion over how having a pet that may alienate you from possible human associations is helpful for you? But I also acknowledge that having the pet you want is important too. I guess it's a matter of choice.
ReplyDeleteThe problem is that people automatically expect aggression simply because of her breed. I've had to give up one cat, with another one being euthanized later this week, and possibly one more winding up in a shelter because I was unable to find a rescue. So, yes, people might see her as "just a dog" but she's more than that to me.
DeleteI already had to deal with something very similar 4 years ago after the death of my mother. I took care of her and lived in her house and my sisters wanted the money, so I was forced to move out and decide which of the animals had to go and be euthanized or put in the pound, and which ones went with me.
I already have major depression, (it's a chemical imbalance, not an emotional thing) PTSD, and SAD, not to mention the DID. Things like this only adds to all the mental issues I have. Being responsible for the death of something I Love is almost too much to bear. Fortunately, my psychiatrist is very understanding of my emotional needs and wrote a prescription for me to have Donna as an Emotional Support Animal this afternoon.
I don't expect everyone to understand my health issues, whether physical or mental, but I always find it strange how a physical ailment is viewed as more "real" than a mental issue. People accept my diabetes and seizures, but the idea that I have depression (and especially) DID, it suddenly becomes a "game" and I get "tested" to see if it's "real."I ask myself why anyone would pretend to have this? If I could be "normal" my life would be so much easier, so why would I make believe? Stitch and Shilo have to deal with my issues on a daily (and sometimes hourly) basis. They're wonderful, but they can't always be here with me. Donna gives me a reason to get up and do things when they aren't around, and times when I can't handle what life has dealt me, Donna just lays beside me. She never judges me. Never complains, never says things that will cause me to cry.
Yay, Donna!
ReplyDeletePets can be very supportive. And as a snake owner I know that pets get judged on perception more than reality very well.
ReplyDeleteI'm not sure why people don't like to acknowledge the reality of mental issues. I think it's a combination of ignorance and a bit of fear/avoidance.
It's a taboo thing. People are afraid of the unknown, and avoid what they don't understand. It wasn't really that long ago when they would lock people up and hide them away because of mental illness. There are still "Insane Asylums" but they're a little less barbaric now.
DeleteAs for snakes, I had a much-loved ball python (Zenobia) and a tarantula as well that I had to give up. Fortunately, thy went to a young man with a snake collection.
This was when my mother died
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