Service Animals vs. Emotional Support Animals – What is the Difference?
How do I get my animal registered? My landlord won’t allow cats, can you help me get one? If you write me a letter, can I take my service animal with me to the grocery store? Can I bring my ESA to the office? How many emotional support animals can I have?
As a therapist, I am asked questions like this often. I have two loving kitties -- Eevee is my gray kitty and a rescue from the Chemung County SPCA –- and Walter is my black cat who was found abandoned at a Walmart parking lot. He has one distinctly white whisker. I equally enjoy the company of Charlie, an African gray parrot who thinks I should be powering a drill all day and says “Bye, I love you” on my way out the door. I empathize and agree with my clients who share the belief that our animals are treasured members of our families.
In this blog, I aim to help inform you of the differences between an Emotional Support Animal (ESA) and a Service Animal, as well as inform you of how this applies to some legal protections for persons living with a disability.
As a disclaimer, I am not an attorney and the information provided here is for educational purposes only. If you would like more specific information, I encourage you to check out the Frequently Asked Questions page on Service Animals on the ADA’s website.
Defining Service Animal.
Any animal individually trained to do work or to perform a task for the benefit of an individual with a disability is considered a Service Animal. As of 2010, the Americans with Disabilities Act (ADA) indicates a Service Animal must either be a dog or a miniature horse (how funny is that?).
Service Animals are trained to recognize a specific situation or action and to respond to that situation or action. A common example would be a guide dog for a person with a visual impairment. Some dogs are trained to detect the onset of a seizure or a rapid drop in blood sugar and will respond when they recognize this pattern in a certain way, like licking a person’s hand or guiding the person to sit down.
In short, Service Animals are working animals that are trained to do work and are protected under the ADA as well as the Fair Housing Act.
Defining Emotional Support Animal.
By contrast, any animal that provides emotional support, well-being, or companionship that alleviates one or more symptoms of a disability can be considered an Emotional Support Animal, or ESA. Any animal can be considered an ESA, whether that be a dog, a cat, or even some fish. These animals are not specifically trained. ESAs have been known to help an individual better manage symptoms related to conditions like anxiety, depression, or Postraumatic Stress Disorder (PTSD)
The ADA does not provide public accommodations support for ESAs, but there are certain considerations given to them under the Fair Housing Act.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) is a civil rights law that was passed in 1990 that prohibits discrimination based on a disability. The goal of this act is to ensure people with disabilities have the same rights and opportunities as everyone else.
Title I of the ADA defines disability as a person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is being regarded as having such an impairment. It further mandates that employers with 15 or more employees must provide reasonable accommodations to qualified applicants or employees. Some examples of a reasonable accommodation in the workplace could include a flexible work schedule, providing reserved parking, or a change in job tasks. Similarly, a person with a visual impairment can request an accommodation to have their Service Animal with them on the job to assist in navigating in and around the office.
In Title II of the Americans with Disabilities Act extends its nondiscrimination mandate to all state and local governments. The ADA requires government agencies must allow Service Animals into their facilities. Staff may only ask two questions:
“Is the dog a service animal required because of a disability?”
“What work or task has the dog been trained to perform?”
Title III of the ADA covers other public accommodations, such as hotels, places of education, homeless shelters, restaurants, doctor’s offices, etc. Under this provision, a Service Animal can go to the same places as their humans, like the movies or a restaurant. An ESA, however, is not protected under the ADA and can be denied entry to certain public amenities.
Examples of Disabilities.
Visual and Auditory Impairments
Mobility Impairments
Cognitive Disabilities
Mental Health Diagnoses
HIV/AIDS
Epilepsy
Who is not covered under the ADA?
A person is not considered protected under the ADA if they are currently engaged in illegal drug use or are a direct threat to the health and safety of others.
Housing and Disability.
The Fair Housing Act is a piece of civil rights legislation that was passed in 1968 that protects people from discrimination when they are renting or buying home. Combined with other state and federal laws, people with disabilities are guaranteed certain rights that provide them a fair shake in the housing arena.
Generally, housing providers (i.e. landlords) may not ask specific questions about disability unless an applicant or tenant is requesting an accommodation/modification, applying for a housing program specific to people with disabilities, applying for priority preference for persons with disabilities, or the person is trying to qualify for an allowance that reduces rent because of a disability. They may not ask, “what is the disability or diagnosis,” but may ask questions like: “What are the effects of the disability” or “How does the requested accommodation help it?” in these situations.
What are “Reasonable Accommodations?”
If an applicant, tenant, or someone associated with the tenant (like a friend or family member) has a disability, they may request a reasonable accommodation.
A reasonable accommodation is a change in rules, policies, practices, or services which allows the tenant to have an equal opportunity to use and enjoy their residence.
A person with a disability can apply for accommodations during their tenancy, when applying for housing, or to prevent an eviction, foreclosure, or other factor that affects their housing. A reasonable accommodation request can be done orally or in writing (preferred) by defining: the accommodation being requested and how the accommodation with help alleviate one or more symptoms related to their disability.
When requested, a housing provider must provide reasonable accommodations, unless they can show that it would impose an undue financial or administrative burden or result in a fundamental alteration in the housing service being provided.
Examples of Reasonable Accommodations.
Accommodating behaviors directly related to a person’s mental disability
Providing an assigned parking spot near the unit of the person with a mobility disability
Allowing a change in rule about fence height to accommodate the needs of a child on the autism spectrum
Allowing an exemption to the “no-pets” policy for a tenant with a service or emotional support animal
Verification of a Disability.
In most cases, a note from a reliable third party who is in a position to know about the individual’s disability is adequate. The note or letter need not identify the specific disability. The person providing this information is discouraged from providing detailed medical records concerning the disability.
Service Animals and Emotional Support Animals are not pets.
Animals that a person with a disability utilizes to alleviate one or more symptoms related to their disability are not considered pets and should not be subject to certain conditions of pet ownership. Some of the conditions they should not be subject to include:
“No Pet” Policy
Payment of pet deposit/rent
Limitations on the number of animals in the unit
Prohibitions on individual animals based on breed, size, or weight
A person with a disability may request one, or all, of these specific waivers as part of their request for reasonable accommodations in regards to their Service Animals or ESAs. A housing provider may request verification of vaccinations/license of the animal, expect tenants to conform to rules like cleaning their animal’s waste, or charge the tenant for actual damages to the premises by their ESA or Service Animal. The housing provider, however, may not charge a fee for potential damages.
Securing a letter for your Emotional Support Animal.
As stated previously, an ESA is not afforded the same protections under the ADA in regards to public accommodations as a Service Animal. But a person who lives with a disability, and has an ESA, is protected in regards to their housing under the law.
Who can write an ESA letter?
A third-party entity can verify the need of an ESA for a person with a disability. People who can provide this documentation may include:
Primary Care Physicians or other Medical Professionals
Psychiatrist or other Mental Health Professionals, like a Therapist
Social Worker or Case Worker
A Peer Support Group Facilitator
Any other reliable third party who is in a position to know about the person’s disability
If you are receiving treatment for your mental health, whether that be through medication, psychotherapy, or family therapy, you should consider asking your treatment provider if they agree you could benefit from an ESA.
Does the letter verify my animal is an ESA?
No, an ESA letter does not verify any one specific animal. Rather, the ESA letter demonstrates an individual with a disability’s need for an ESA and accompanies their request for a reasonable accommodation.
Do I need a letter for each animal I am requesting as an ESA?
No, when making a request for an accommodation in regards to an ESA, there is not a limitation on the number of ESAs an individual may request.
Your housing provider may require updated letters on an annual basis.
Risks associated with an ESA letter.
Anti-discrimination laws are powerful pieces of legislation, but that does not always mean a current or potential landlord will abide by them. They may not understand every aspect of the laws. Most housing providers will grant a reasonable accommodation for an ESA when there is an accompanying letter from a professional. However, some may still deny the accommodations or refuse to rent to an individual who is requesting an accommodation.
You do not have to disclose the specific nature of your disability in order to make a reasonable accommodations request, but there will be some level of disclosure required. I encourage you to assess your own comfort level around sharing your personal and confidential information.
An ESA letter does not verify an animal and you are still legally responsible for any action or harm caused by your emotional support animal. This includes paying for any damages actually incurred by your animal on the residence.