Emotional support animals are some of the most beneficial animal companions around, and it’s important to understand your rights with an ESA if you wish to add one to your life. The main component of ESA rights is living with your ESA, which can be a controversial subject in some spaces. In this guide, we tell you more about your ESA rights, including whether or not an apartment can deny your ESA.
What Is an ESA?
An emotional support animal, also commonly known as an ESA, is a companion animal that helps their owner deal with the symptoms of a mental health condition. ESAs can be any type of animal, including cats, dogs, fish, snakes, and rabbits, and they are not required to be trained to help an owner with a disability. Instead, emotional support animals bring the most benefit to their owners by providing them with comfort, companionship, and support.
ESAs can help encourage their owners to get out of the house, provide a routine for owners, and give their owners cuddles when they need them most.
Will My ESA Have the Same Rights as Service Animals?
Your ESA will not have the same rights as a service animal, as emotional support animals and service animals are two different types of animal companions. Service animals must be dogs, or sometimes miniature horses, and they must be trained to directly help with their owner’s disability or mental health condition. Emotional support animals are exempt from these animal type and training regulations, meaning that they have different rights.
In general, service animals have more wide-reaching rights, and they are granted access to both public and private spaces. Emotional support animals typically only have the right to live alongside their owner in any reasonable area of accommodation.
Can an Apartment Deny an ESA? Discover Below
While emotional support animals are protected under the federal Fair Housing Act (FHA), this does not mean that they are exempt from apartment denials. The FHA grants the right for an owner to live alongside their animal and permits them to not adhere to pet restrictions, breed restrictions, or pet fees. The companion animal must also be a valid ESA in the owner’s state.
Apartments must accept ESAs in most cases, except when the animal is destructive or dangerous, illegal to own in the state, or unreasonable for the apartment space. For example, an apartment would not accept a flock of chickens or an emotional support goat in a small studio apartment. You may also not be able to have multiple large dog ESAs in a small apartment.
Furthermore, some types of rental housing are completely exempt from adhering to the FHA altogether. In rental homes that are owner-occupied and have four or fewer units, the FHA doesn’t apply. This means that in no circumstances is the landlord required to accept your ESA as you rent from them.
It’s essential that you understand the nuances of the FHA and that your ESA is reasonable, well-behaved, and non-destructive to improve your chances of having your ESA accepted into housing alongside you.
How Do I Make Sure My ESA Is Valid?
Making sure your ESA is valid is essential if you want to take advantage of the rights granted to you by the FHA. You can start this process by scheduling an appointment with a licensed mental healthcare provider in your state. You will speak to your provider about your needs and your condition, and they will evaluate your suitability for an emotional support animal.
Once you have been approved for an ESA, your provider will write you an ESA letter stating this need. You cannot have a valid emotional support animal without this letter, and your letter will typically have an expiration date of one to two years. You can also handle this entire process through an online ESA service that connects you with a mental health professional licensed in your state.
After you have obtained your ESA letter, you will be required to show it to landlords or property management companies to ensure that your ESA is accounted for by the apartment and accepted without issue.
Can An Apartment Deny an ESA? – Answered
Keeping your ESA at your side is essential for those who rely on their animal companions to bring them comfort, joy, and relief from mental health symptoms. It’s vital that you understand your housing rights when adding an ESA to your treatment plan, and you can speak to your provider in addition to reading up on the Fair Housing Act to help you navigate housing with your ESA.
