Emotional Support Animals do not have the same public access rights as service animals under the Americans with Disabilities Act (ADA). ESAs are primarily protected in housing and sometimes travel, but they do not have the right to enter public places like restaurants, stores, or offices that prohibit pets.
Under the Fair Housing Act (FHA), landlords cannot charge additional pet fees or deposits for ESAs, as they are not considered pets but a necessary accommodation for individuals with disabilities.
The Fair Housing Act (FHA) protects individuals with emotional disabilities by allowing them to live with their ESAs, even in housing with pet restrictions. The ADA applies to service animals, and the ACAA applies to air travel, not housing.
The Air Carrier Access Act (ACAA) originally protected the right of passengers to travel with Emotional Support Animals. However, as of early 2021, airlines are no longer required to accommodate ESAs, and many now treat them as pets rather than service animals. Prior to this change, ESAs had similar protections to service animals under the ACAA.
To qualify for an ESA under the Fair Housing Act, individuals need a letter from a licensed mental health professional, such as a therapist or psychiatrist, stating that the animal provides emotional support related to the individual’s disability.
