Delaware Emotional Support Animal Laws: A Complete Guide to Your ESA Rights and Housing Protections

ESAs offer therapeutic support to people with anxiety & depression, PTSD or other emotional disorders. ESA owners in Delaware, in particular, should know that they have legal rights, particularly when it comes to housing and public access. 

This complete guide will provide a breakdown of Delaware emotional support animal regulations and federal guidelines, housing rights, and how ESA owners and landlords should act to keep the relationship running smoothly.

Introduction to Delaware Emotional Support Animal Laws

Delaware emotional support animal regulations are governed by federal and state laws. Federal laws, such as the Fair Housing Act (FHA), offer general protections for ESA owners in housing, but Delaware has its own local rules and regulations regulating how animals are handled in housing. Therefore, it’s essential for both ESA owners and landlords to be aware of their rights and duties under both federal and ESA laws in Delaware. 

Below we describe these legal rights and dispel myths about Delaware ESA housing protections and access to public spaces. 

Emotional Support Animal Housing Laws Delaware: Overview

Fair Housing Act (FHA): ESA Housing Laws Delaware Protections

Emotional support animals fall under the definition of an assistance animal under the Fair Housing Act (FHA), and so are entitled to housing facilities. Delaware ESA housing laws shield Delaware ESA owners and forces landlords to let ESA owners into their rental  units, even if the property does not allow pets. 

Here are the key aspects of ESA housing Delaware protections under the FHA:

• Reasonable Accommodations: If a person with a mental illness needs an ESA, then the landlord must provide reasonable accommodations. This means that the landlord cannot deny rent to the tenant or evict them simply on the grounds of having an ESA.
• No Pet Fees or Deposits: Delaware landlords are not permitted to require additional pet fees or deposits for an ESA. But tenants will still be held accountable for any damage their ESA might cause to the premises.
• Exceptions for Denial: A landlord may reject an ESA when the animal poses a direct risk to other residents or damages property in such a way that cannot be mitigated. Landlords are expected to look at things objectively and cannot reject an ESA because of their own prejudice or ignorance of ESA regulations. 

Air Carrier Access Act (ACAA): ESA Travel Laws Delaware Protection

Additionally, the Air Carrier Access Act (ACAA) offers additional safeguards to ESA owners that travel. In the past, airlines had to carry emotional support animals onboard without charge to their owners. But now the laws have changed: airlines don’t have to consider ESAs service animals anymore. As a result, ESAs will face additional restrictions and airlines will charge additional fees. Delaware ESA owners should keep abreast of these updates and be sure to contact the airline prior to a flight to ensure they are up to date with all ESA travel guidelines. 

Emotional Support Animal Public Access & Housing Laws in Delaware

ESA Housing Protections in Delaware

Delaware conforms to federal ESA guidelines and insures ESA owners under the Fair Housing Act. Tenants must submit a legitimate ESA request signed by a licensed mental health professional to landlords.

However, there are additional specifics that apply to ESA housing in Delaware:

• No Additional Fees: Like federal laws, Delaware landlords cannot charge extra fees or deposits for emotional support animals. Lenders may charge rent for the damage that an ESA causes but cannot demand a pet fee or rent increase.
• Landlord’s Rights: Delaware landlords are allowed to deny an ESA application if the application would impose an unreasonable financial or administrative burden, or if the animal poses a direct threat to others. For instance, if an ESA is belligerent or disrupts the quiet atmosphere in the building, the landlord may be entitled to a refusal.

Public Space Access for ESAs in Delaware

ESAs do receive housing protection but are not granted the same rights to public spaces as service animals. In Delaware, emotional support animals are not considered service animals under the Americans with Disabilities Act.

• ESA Public Access Limitations in Delaware: ESAs are generally not allowed in restaurants, retail locations, or other public areas unless the establishment permits pets. In contrast to service animals trained to support a person with a disability, ESAs are not given automatic access to public space under Delaware law, but instead give emotional care.
• Service Animals vs ESAs in Delaware: It’s helpful to note the difference between service animals and emotional support animals. Service animals are properly trained to help disabled people, and federal and state laws guarantee full public access for them. ESAs, on the other hand, are not trained to do anything, nor do they have public access privileges.

Can Landlords Deny ESA in Delaware?

Delaware landlords are permitted to deny an ESA in certain situations, but they cannot deny an ESA on grounds of bias.

Legitimate Reasons for Denial

Delaware landlords can deny an ESA request for the following reasons:

• Direct Threat or Safety Concerns: If the ESA demonstrates a direct threat to others (e.g., aggression, or injury), the landlord can in good faith reject the ESA.
• Property Damage: If the ESA significantly damages the rental property, landlords may refuse the animal. In addition, the tenant would have to cover any damage the ESA incurred.
• Undue Burden: Tenants may refuse housing if granting the ESA would be inconvenient financially or administratively. For example, if keeping the animal involves costly property renovations or expenses, the landlord can legally refuse to oblige. 

Illegal Reasons for Denial

There are also reasons that are illegal for a landlord to deny an ESA request:

• No-Pet Policies: A no-pet policy is not an option for a landlord to refuse to rent to an ESA tenant. FHA requirements demand that ESA owners are given reasonable accommodation, regardless of the property’s pet policy.
• Bias or Lack of Understanding: A landlord cannot refuse an ESA on the basis of prejudice or misunderstanding of the ESA law. To avoid discrimination, landlords should be informed of both federal and Delaware-specific ESA protections.

ESA Documentation Delaware

Valid ESA Documentation

Tenants should submit valid ESA documents to be able to have an ESA recognized by Delaware and federal law. An ESA letter in Delaware must be signed by a licensed mental health practitioner and identify that the tenant has a mental health disorder and needs an ESA for emotional assistance. It should also include the information required to meet state and federal laws.

Tenant Responsibilities

While emotional support animal rules Delaware state ESA owners are protected by law, they also have responsibilities:

• Proper Behavior: ESA owners must take precautions to make sure that their animal is in a good disposition and not threatening to others or damaging the property. The landlord may intervene if the ESA’s conduct becomes problematic.
• Cover Damages: Tenants are responsible for all costs incurred under their ESA. Although landlords can’t impose pet fees, renters must cover any property damage their ESA causes.

Delaware ESA Laws FAQs

Can my landlord in Delaware charge a pet deposit for my ESA?

No. Neither can Delaware landlords ask for additional pet deposits or fees for an ESA. However, tenants remain responsible for any damage or harm the ESA may cause.

Are emotional support animals allowed in public spaces in Delaware?

No. ESAs are not allowed in public places such as restaurants or retail stores unless the store accepts pets. Delaware does not treat ESAs as service animals.

What documentation is required for an ESA in Delaware?

In order to be approved for housing, Delaware’s ESA owners must provide a letter from a licensed mental health practitioner detailing the needs of the emotional support animal.

Can landlords deny emotional support animals in Delaware?

Landlords may refuse an ESA request if the animal is a direct threat, a property nuisance or an unreasonable expense. But they can’t refuse an ESA on grounds of prejudice or no-pet legislation.

What’s the difference between a service animal and an ESA in Delaware?

Service animals are trained to perform tasks and are granted full access to public spaces under federal and Delaware law. ESAs are emotional helpers, not trained to do anything, and do not enjoy the same access rights as the public.

Conclusion

Delaware emotional support animal laws protect ESA owners by ensuring that they have a place to live and that there are no public space access restrictions. Federal law, including the Fair Housing Act, can protect large amounts of property, but Delaware ESA owners and landlords need to know what’s going on at the local level.

Through careful adherence to the law and clear communication, landlords and ESA owners can create an enabling living environment that supports the wellbeing of people who own emotional support animals.