Emotional Support Dog Laws

An emotional support animal is a type of assistance animal that is recognized as a reasonable accommodation for a person with a disability under the federal fair housing act provides an overview of assistance animals in housing.

Emotional support dog laws. Under the acaa and guidance from the dot airlines and passengers with emotional support animals must comply with certain rules. Obligations of housing providers. Emotional support animals comfort animals and therapy dogs are not service animals under title ii and title iii of the ada. An esa does not need any special training to work or perform tasks for its owner.

Airlines must accommodate dogs cats and miniature horses that are esas. Frequently asked questions about service animals and the ada us dept. Learn more about the fair housing act and air carrier access act. To fall under this provision you must have a disability and you must have a disability related need for the animal.

The law that allows a trained service dog to accompany a person with a disability is the americans with disabilities act ada. The federal fair housing act requires landlords and housing facilities to allow service dogs and emotional support animals if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. An emotional support animal is an animal typically a dog or cat though this can include other species that provides a therapeutic benefit to its owner through companionship. An emotional support animal in florida is an animal that provides assistance or therapeutic emotional support to its owner by its mere presence.

If you meet the criteria of these provisions you are entitled to an emotional support animal in the air and in your housing unit. The airline is not allowed to charge fees in connection with your emotional support animal. However before any animal can be determined to be an esa their owner must first be diagnosed with a mental disability that significantly limits one or more of their daily major life activities by a qualified mental health professional. What are the laws protecting emotional support animal owners.

Although emotional support animals do not have the same rights as service dogs under ada they are protected under the fair housing amendment act fhaa and the air carrier access act acaa. Other species of animals whether wild or domestic trained or untrained are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual s disability. Florida s laws prohibit housing providers from discriminating against tenants with a need for an emotional support animal.