What is an Emotional Support Animal?

 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
Neither pets nor service animals, emotional support animals (ESA) are defined as companion animals necessary to a person's well-being.
 

 

 

 

Emotional support animals don’t need to have “task specific” training that supports the disabled person and are therefore different from service animals. It's the animal's presence that contributes to the person's welfare. They don't have the same rights to public access as service animals. In most states, tenants have the right to an emotional support animals when there is a clear link between a medical condition and the animal's presence, even in housing with "no pet" policies. Medical documentation that shows a link between the animal’s presence and the health of the individual is usually required.

Whether a landlord can be required to accommodate tenants seeking emotional support animals can be a complex legal question. Several federal statutes, including the Fair Housing Amendments Act (FHA) of 1988 and Section 504 of the Rehabilitation Act of 1973 apply. Application of the law may vary from state to state, and from one type of housing to another. Contact your state attorney general for more information.