Because the HUD is one of many federal agencies, this won't change based on emotional support animal laws by state. Department of Housing and Urban Development (HUD), an assistance animal is “an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability.” The HUD also clarifies that “an assistance animal is not a pet.” Because the HUD is one of many federal agencies, this won't change based on emotional support animal laws by state. One of the provisions of the FHA covers assistance animals. If you have an emotional support animal and supporting documentation (an ESA Letter written and signed by a licensed mental health professional), then you are protected under the FHA. This protection applies to ESA owners - by definition, an emotional support animal is an animal that provides assistance to a person with a mental or emotional disability. Even if a landlord has a rule against pets on the premises, they must provide reasonable accommodation and allow your service dog or emotional support animal in the home. The FHA says that housing providers and landlords can’t discriminate against an individual based on their disability. How Does the Fair Housing Act Protect Emotional Support Animal Owners? Landlords must provide emotional support animal owners reasonable accommodation based on emotional support animal laws. Some may not know that the Fair Housing Act also protects a person with a disability that may have an emotional support animal or service dog. This law prohibits landlords and housing providers from discriminating against individuals based on sex, race, color, national origin, religion, familial status, or disability. The Fair Housing ActĮnacted in 1968, the Fair Housing Act was designed to protect individuals from discrimination when buying or renting a home and engaging in other housing-related activities. The ACAA was changed at the beginning of 2021 to exclude emotional support animals, so it doesn’t have as much power to protect emotional support animal owners as it did in previous years. The FHA applies to nearly all housing situations and gives emotional support animal owners protection from pet restrictions and fees. These two laws relate to an individual’s right to have their emotional support animal with them where they live and when they travel. Whether they’re dogs, cats, birds, or other animals, emotional support animals are referenced in two federal laws: the Fair Housing Act (FHA) and the Air Carrier Access Act (ACAA). Federal Laws for Emotional Support Animals (ESAs) We’ll also talk about psychiatric service dogs and their legal protections under the Americans with Disabilities Act. This guide covers the relevant laws that protect emotional support animals, assistance dogs, service dogs, and their owners. While an emotional support animal isn’t the same as a service animal, both types of assistance animals have some similar legal protections.
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