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If you are a California resident and have a dog you must establish a relationship of no less than 30 days with the therapist writing the ESA letter.
The law that requires this is the AB 468 law which was passed on January 1, 2022.
This law doesnât apply to any other type of ESA.
The Bottom Line
âA valid ESA letter must meet federal and state requirements â Include the clientâs name, a diagnosis statement, the ESAâs role, and the therapistâs credentials, signed on official letterhead.â
Only licensed mental health professionals can issue ESA letters â Professionals must be licensed in the same state as the client and follow telehealth laws where applicable.â
Avoid common mistakes to ensure validity â Missing key details, not meeting the client, or ignoring state-specific laws can result in rejection or legal issues.â
Get started by ensuring compliance â Use this guide to follow proper procedures and provide ESA letters that secure housing accommodations under the Fair Housing Act.
If youâre a therapist or someone struggling with a mental health condition, you know that an emotional support animal (ESA) can be life-changing. ESAs arenât just companions; theyâre a reminder of stability, calm, innocence, and love. The emotions they bring out in us have the power to ease our worries, comfort us when sad, and make us laugh when we least expect it. Overall, their tender silliness and grounding presence make mental health symptoms more manageable.Â
To keep our ESAs by our side, no matter our housing situation, a valid emotional support animal letter is key. But writing an ESA letter is more than filling out a form; itâs a process that requires therapists to consider both legal and ethical guidelines. For the person in need, this letter can be a lifeline.
In this article, weâll cover exactly how to write an ESA letter with an easy-to-follow guide that you can follow to be certain itâs valid.Â
How to Write an ESAÂ Letter: At a Glance
Writing an ESA letter starts with understanding its purpose: itâs a lifeline for someone who relies on their animal for emotional support. To make it valid, include the clientâs name, a statement confirming their mental health condition, and how their ESA helps manage symptoms. Add details like the type of animal and your own credentials, including license info and state of practice, all on professional letterhead. Reference the Fair Housing Act (FHA) to back their rights, and donât forget to sign and date it. Most importantly, ensure itâs tailored to the clientâs needs and meets any state-specific rules, like having an established relationship with the client. This isnât just paperworkâitâs a way to help someone feel secure and supported.
What is an ESA Letter?
An ESA letter is an official document written by a licensed mental health professional that verifies your need for an ESA to housing authorities. The letter allows people to live with their ESAs wherever they choose, even in places with no-pet policies. In emotional terms, an ESA letter for housing offers a sense of stability, reducing the anxiety of moving or losing an animal because of no-pet policies.Â
Itâs considered a legal document under the Fair Housing Act (FHA) â a federal law that forces landlords to make accommodations for people with disabilities, including people with ESAs.Â
The rules about who (and when) a professional can write a valid ESA letter change by state. Hereâs what to look for:Â
Licensed Mental Health Professionals
Only a licensed mental health professional can write a legitimate ESA letter. That includes licensed therapists, psychologists, or psychiatrists. Typically, theyâre not written by General Physicians (GPs) because the professional writing the document has to specialize in mental health. Itâs how the law can ensure that the mental health assessment for an ESA is done accurately.Â
State-Specific Licenses
There are varying evaluation processes and laws regarding who can write the letter in different states. For example, California, Montana, Arkansas, Louisiana, and Iowa require mental health professionals to have a minimum 30-day relationship with their clients before they can write an ESA letter. That means at least two consultations are needed: one that marks the beginning of the relationship, and one after 30 days to write the ESA letter. The telehealth laws also change by state, where therapists must follow strict regulations for virtual sessions.
Moving to Another State: Where Should The Therapist Be Licensed?
If youâre searching for a therapist to write your letter, itâs important to remember that therapists licensed in one state can only provide services, including ESA letters, to clients in that same state. So be careful not to waste time searching for a professional whoâs not licensed where you currently live. If youâre about to move to a new state, you can get the letter from the state where you currently live and after it expires, you can look for a therapist licensed in your new state.
How to Write an ESA Letter as a Therapist
Following a valid ESA letter process means abiding by ethical and legal guidelines. Hereâs a guide on how to write an ESA letter for a client or patient that will make sure you check every legal box:Â
Step-by-Step Guide to Writing an ESA Letter for a Client or Patient
Key Elements to Include
Tick off each of these boxes when writing the letter:
Issue and expiration date (one year)
Clientâs full name and contact information
Professionalâs full name, license details, practicing state, and contact information
A statement confirming the client has a mental health condition
The type and breed of the animal and its role in alleviating symptoms
Legal reference to the Fair Housing Act (FHA), stating that the client and their ESA are recommended to live together and that the landlord must make âreasonable accommodationsâ and allow the animal
Professional signature and letterhead
Legal Requirements
Hereâs what to know to make sure your letter respects client privacy and follows state and federal standards:
State Licensing Requirement: The professional must be licensed in the same state as the client.Â
Diagnosis Statement: To protect the clientâs privacy, details donât need to be given about their specific condition. There only needs to be a statement confirming that they have a mental health condition but the diagnosis doesnât need to be disclosed. A clear statement, however, that their specific animal reduces symptoms is necessary.Â
Fair Housing Act (FHA) and Americans with Disabilities Act (ADA): The FHA forces landlords to make accommodations for tenants with disabilities, which includes ESAâs â even with no-pet policies. However, ESAs arenât covered by the ADA, which allows service animals access to public places like restaurants and stores.Â
Common Mistakes to Avoid
If any information is missing, the letter can be rejected by the landlord or housing authorities. Itâs also unethical and illegal to write a letter without meeting the client. Any language that comes off as misleading, overly general, or unclear may give housing authorities suspicion. A clear statement that the client has a mental health condition and that their specific ESA will help is essential.Â
Other common mistakes in writing ESA letters are being unaware of different state laws â whether thatâs for the 30-day relationship requirement or specific telehealth guidelines.Â
FAQsâ
Who is eligible for an ESA letter?
Eligibility for ESA letters includes anyone with a mental health condition who benefits from an ESA.Â
Can any therapist write an ESA letter?
No, only a licensed mental health professional can write a legitimate ESA letter. That includes licensed therapists, psychologists, and psychiatrists.Â
What happens if my ESA letter is rejected?
Go over the ESA requirements with your therapist to check if any information was left out. Ask them to make a revised version and present your letter again to the authorities.Â
How long is an ESA letter valid?
ESA letter validity is usually for one year. If you move again a year later or if your housing authorities ask for yearly renewals, youâll have to get a new letter.Â
Final Thoughts
Crafting an ESA letter thatâs legal and genuinely helpful isnât just paperwork â itâs a chance to make a real difference in someoneâs life. By following the guidelines in this article, you can relax knowing that your ESA certification is valid.Â
As a mental health professional, make sure youâre following your specific state laws for the client relationship duration and telehealth guidelines. Finally, make it clear that your clientâs specific ESA is key for helping them manage their condition. With that, and ticking all the boxes, youâre not only advocating for your clientâs needs but also building trust and abiding by all the legal standards.Â
Jennifer is a Nutritionist and Health Counselor specializing in emotional and mindful eating, weight loss, and stress management. She has degrees in both Psychology and Nutrition from Western University, Canada. You can learn more about Jennifer at her website.