An emotional support animal, or ESA, is an essential part of life for many people who struggle with mental health conditions. It can be hard to know what the ESA laws are in your state, especially if you’ve recently moved or if you’re a new ESA owner. If you live in Arizona and feel that you would benefit from the presence of an emotional support animal, keep reading for a complete guide on Arizona emotional support animal laws.

Housing Rights for ESA Owners in Arizona

In Arizona, as with all other states, emotional support animals are provided significant housing rights. These rights are primarily provided by the federal Fair Housing Act (FHA). Some states may have a differing laws and requirements for emotional support animals, for instance, California law requires you establish a 30-day relationship with your healthcare provider before they can provide you a valid ESA letter. However, Arizona has no specific ESA laws meaning the Fair Housing Act is the only law you need to familiarize yourself with as an Arizona resident.

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ESA Letters in Arizona

To obtain an emotional support animal letter in Arizona, you must connect with a licensed mental health professional who can determine if you are eligible for an emotional support animal.

The Fair Housing Act and How it Applies in Arizona

In Arizona, the Fair Housing Act (FHA) prohibits landlords from discriminating against people with emotional support pets who are renting or buying a home, or any other house-related activities. Under the Fair Housing Act, you and your emotional support pet cannot be treated differently than other tenants. Landlords cannot charge you more than other tenants because of your emotional support pet. Having an ESA letter from a mental health professional waives all pet deposits, fees, and restrictions. Also, landlords cannot refuse to accommodate a person just because they have an emotional support animal. If your animal is too large for the space or could harm the property or other tenants, then they may refuse to accommodate you. 

Limitations of the Fair Housing Act in Arizona

In Arizona, the Fair Housing Act (FHA) generally requires landlords to accommodate emotional support animals (ESAs) in rental housing, even in no-pet properties. However, there are specific exemptions where landlords are not obligated to make such accommodations. These exemptions include:

• Owner-Occupied Buildings with Four or Fewer Units: Landlords who own and occupy a building with four or fewer units are exempt from FHA requirements.
• Single-Family Homes Sold or Rented by the Owner Without a Broker: If the owner owns three or fewer single-family homes and rents or sells them without using a broker, they are exempt.
• Housing Operated by Religious Organizations or Private Clubs: These entities are exempt if they restrict occupancy to members.

It's important to note that while these exemptions exist, they do not apply to all housing situations. For instance, public housing, university dormitories, and nursing homes are typically covered by the FHA and must accommodate ESAs. Additionally, landlords can deny an ESA if the animal poses a direct threat to the health or safety of others or causes significant property damage. Therefore, understanding both the protections and limitations under the FHA is crucial for ESA owners in Arizona.

Public Access & Travel Rights for Emotional Support Animals in Arizona

It's important to understand that laws on emotional support animals only protect them for housing circumstances. Unfortunately, emotional support animals are broadly treated as normal pets when it comes to public access and travel. On example of this is the Air Carrier Access Act (ACAA) which at one point allowed ESAs to travel on airlines free of charge. In 2021 this law was changed permitting airlines to treat ESAs as normal pets, allowing them to charge fees and emplace restrictions. A majority of airlines have now changed their policies to restrict ESAs on their flights.

Arizona ESA Laws for Travel

Similar to the laws in Arizona regarding emotional support pets in the workplace, the American Disability Act does not protect emotional support animals when it comes to public transportation. Because emotional support pets aren’t covered under the Americans with Disabilities Act, you can’t assume that any public transportation will allow your pet. Sometimes small pets will be accommodated, especially if they’re small enough for you to carry, but it’s best to always call ahead and double-check before bringing your pet along with you when you leave your home. If you call ahead to make sure you and your support pet will be accommodated, you’ll save yourself time and stress. Airplanes, buses, and other modes of public transportation in Arizona can refuse entry for you and your emotional support pet, so it’s always best to check before leaving home with them. This also goes for any restaurants or public places you go to.

Arizona ESA Public Access Laws

Restaurants, stores, and other public places are not required to accommodate emotional support pets, and these establishments may deny you and your pet entry. There isn’t a law in place to protect emotional support pets in the way that the Fair Housing Act protects them. That said, some places might allow you to bring in your emotional support pet, but it depends on the place. If you need to bring your emotional support pet with you on an outing, whether you’re going to a restaurant, store, or other public place, you should call and check with the specific establishment first.

They’ll let you know what their policy is, but it’s also a good idea to get the name of the person who lets you know it’s okay. There can sometimes be a lack of communication between workers, and one might tell you an ESA is okay to bring in while another might try and stop you at the door. Because there is no emotional support animal law protecting emotional support pets in public places, you should be prepared for situations like this. You should also consider carrying either a paper copy or an electronic copy of your letter with you wherever you go. Establishments may be more likely to accommodate you after seeing your legitimate ESA letter.

How to Get a Legitimate ESA Letter in Arizona

If you feel you would benefit from the companionship offered by an emotional support pet, follow these steps below to help you get your official ESA letter. This letter will show others that your pet gives you emotional support that is beneficial to your mental health.

1. Complete Our Assessment

The first step in the process is to complete a quick assessment so you can be matched with a doctor that’s right for you. The assessment will help determine what your situation is and whether you would benefit from the companionship of an emotional support pet. Then you’ll have to select which type of letter you’re interested in getting. You can get a letter for housing, travel, or a combination of the two.

 2. Consult With a Therapist

Then you’ll have an opportunity to discuss your concerns in a consultation with a therapist or licensed mental health professional. You will need to first fill out some privacy and consent forms. These forms will let the clinicians know that they are authorized to work with you. Finally, you’ll be matched with a licensed mental health professional. You’ll receive a link to book a live consultation with them. In your consultation with this mental health professional, they’ll determine if you qualify for an ESA. 

3. Get Your Emotional Support Animal Letter

During your consultation with a licensed mental health professional, they will determine whether an emotional support pet is right for you. A licensed mental health professional will need to determine that an emotional support animal is essential to your care and well-being. If they find this to be the case with you, they’ll write a legally recognized emotional support animal letter for you. You will likely get an electronic copy of your letter first in your email. 

Your satisfaction is important to us. In the unlikely event that your ESA letter does not work for you, we will provide a 100% refund. 

What is an Emotional Support Animal?

An emotional support animal helps people with mental health struggles, a mental disability, or mental impairment. Emotional support pets provide emotional support to their owners by creating a calming presence in their owners’ lives. Emotional support animal owners experience relaxation, lowered anxiety, reduced stress, normalized heart rate and blood pressure, and more. Emotional support pets are companion animals for those in need of emotional relief from an emotional or mental disability. An emotional support pet has an important job, just like a service animal does. However, service animals and emotional support animals differ in a few ways.

What is a Service Animal?

A service animal helps people who struggle with a physical or mental impairment that may restrict the way a person functions day-to-day. You might hear people call a service animal an assistance animal as well. A service animal assists people with disabilities so they may live more independent lives. A guide dog helps people who are unable to see well because of their vision. A hearing dog helps people who cannot hear well. A psychiatric service dog helps people who are struggling with mental health struggles that have severe negative impacts on their lives. Service dogs are all highly trained to help their owners live more independent lives. The level of training that service dogs go through is the main difference between emotional support pets and service animals.

If you have a mental disability and wish to acquire a psychiatric service dog, you may opt to train one yourself, however, it is important to bear in mind that training a PSD can be a difficult task without the right knowledge and resources. Pettable has created an expert-guided, on-demand PSD training program that can equip you with the right tools to train your own psychiatric service dog. The online video-based program will walk you through how to train your dog to complete specific tasks to aid you with your mental disability and temper your dog to behave obediently in public, essential skills for ensuring your pet can appropriately tend to your mental health needs and increase your quality of life.

Difference Between Emotional Support Animals and Service Animals

While both ESAs and service animals help people cope with daily activities and major life activities, there is still a major difference between the two. Because service animals help people with disabilities live a more independent and safe life, service animals are individually trained to help with specific tasks. An emotional support animal does not require any special training to help people with emotional disabilities or mental disabilities. Service animals are trained to perform tasks for their owners that can include guiding the blind, alerting the deaf to noises, retrieving items, alerting their owners to take their medications, pulling a wheelchair, and more. You might train your emotional support animal to sit or remain calm, but ESAs don’t require specialized training to help you. An emotional support pet helps you by providing companionship that provides benefits to your mental health. 

Frequently Asked Questions about Arizona ESA Laws

Here are a few frequently asked questions regarding emotional support pets.

Do I have to tell my landlord I have an ESA in Arizona?

It’s best to tell your landlord about your ESA and share your ESA letter with them. This will help you avoid any confusion in the future. You don’t need to disclose any personal information about why you have an ESA. 

Can a landlord deny an emotional support animal in Arizona? 

A landlord can’t deny an emotional support animal unless the animal poses a threat to others or could cause damage to the home. For example, a miniature horse likely cannot live in a top-floor studio apartment with you.

When do I tell my landlord about my ESA in Arizona?

You can tell your landlord that you have an ESA before or after signing a lease.

Can a landlord in Arizona charge a fee for an emotional support animal?

The Federal Fair Housing Act prohibits a housing provider from discriminating against tenants with emotional support animals. A landlord must accommodate your reasonable accommodation request and they cannot ask you to pay a fee for an emotional support animal.

Can you have more than one ESA in Arizona?

Yes, you can have more than one emotional support pet, and your landlord will need to provide reasonable accommodations for them. You will need to have a letter for each pet that is an emotional support pet.

What restrictions can my landlord place on my emotional support animal in Arizona?

Emotional support pets and their owners have equal rights to accommodation without prejudice under the Fair Housing Act. A landlord cannot charge additional fees or refuse to rent to you because of your ESA.