Kansas Emotional Support Animal Laws: A Complete Guide

Mental health disorders and emotional challenges have become far too common across the United States, including Kansas, but many Americans find that an emotional support animal (ESA) brings significant improvements to their daily lives. Whether you’re living with anxiety, depression, post-traumatic stress disorder (PTSD), or any other mental health disorder, an ESA can be valuable to your mental health treatment plan. However, it’s essential to understand how both federal laws, such as the Fair Housing Act (FHA), and state-specific laws affect Kansans and their ESAs. 

In this article, we will explain how Kansas emotional support animal laws and federal guidelines affect housing rights, public access, and landlord responsibilities surrounding ESAs and their owners.

Kansas ESA Laws: Overview of Federal Protections

Fair Housing Act (FHA): ESA Housing Protections

The Fair Housing Act (FHA) is the primary federal law that protects the housing rights of disabled individuals in the U.S., including Kansans. Under this law, landlords are prohibited from discriminating against tenants and applicants based on a disability. It requires landlords to provide reasonable accommodations for renters and their ESA, even if they have a no-pet policy or don’t typically allow certain species of domesticated animals. Housing providers are also prohibited from charging any extra fees or pet deposits for ESAs and their owners, and they cannot evict a tenant just for having an assistance animal.

However, landlords may deny or evict a tenant if their ESA poses a direct threat to other residents or causes excessive property damage. While these cases are rare, they emphasize the need to keep your ESA on its best behavior.

Air Carrier Access Act (ACAA): ESA Air Travel Protections

The Air Carrier Access Act (ACAA) is a federal law that prohibits discrimination against disabled individuals and service dogs in domestic air travel, but since December 2020, it has not included ESAs. Currently, these assistance animals are treated as regular pets, so they must follow airline policies for traveling with their comfort creatures. However, some airlines may permit an ESA to accompany its owner with advanced notice and approval, so it’s recommended to contact the air carrier when you buy your ticket. 

On the other hand, thanks to the ACAA, trained service dogs are allowed to accompany their owners in the cabin during flights. As far as ESA air travel rules in Kansas are concerned, this is the only law that protects any rights of disabled individuals. Your ESA is still required to travel as a pet. However, if your ESA is a canine companion, you may want to consider upgrading its status to that of a service dog to ensure that you can travel together with ease.

Kansas-Specific ESA Laws: Housing and Public Spaces

Housing Laws in Kansas

Since 2022, the “Kansas Assistance Animals in Housing Act” has bolstered the FHA, generally supporting the federal law’s protections for disabled individuals and their ESAs. It also reinforces that the individual has an officially diagnosed disorder and is not trying to fraudulently get an ESA letter simply for the benefits. This means that you must be evaluated by a licensed mental health professional (LMHP), diagnosed with a mental health disorder, and issued an official ESA letter. “Misrepresenting entitlement” in Kansas can be charged with a misdemeanor and fined by the state — not to mention being rightfully denied housing.

Other than the Kansas-specific law, ESAs in The Sunflower State are protected by the FHA, which allows assistance animals in most rental housing situations. It also prevents landlords from charging disabled tenants any pet deposits, fees, or other related charges before moving in or during your lease. However, tenants are responsible for any charges related to property damage caused by the ESA — and may be evicted with cause.

Public Spaces in Kansas

In Kansas, emotional support animals don’t have the same rights as service dogs, which are protected by the Americans with Disabilities Act (ADA). In general, ESAs are not permitted in restaurants, shopping centers, public buildings, and other public accommodations throughout Kansas — unless a place is expressly pet-friendly. Some businesses or facilities will make exceptions, but those are on a case-by-case basis. Under the ADA, ESAs are not considered service animals and are treated as standard pets, limiting their public access.

Workplaces in Kansas

Unless you have the luxury of working from home, your Kansas workplace is not legally required to accept ESAs automatically. However, your employer may make an exception and accommodate you and your assistance animal. Employees are allowed to request ESA accommodations through the ADA, but this is another instance of treating each case as it comes. 

However, employers are required to provide reasonable accommodations for employees with service dogs by request. But first, the employer must review the request to assess whether reasonable accommodations are possible, which means that they don’t create undue hardship or pose a direct threat. Common exceptions include changing schedules and restructuring a position.

Can Landlords in Kansas Deny Emotional Support Animals?

Legitimate Reasons for Denial

Housing providers in Kansas have rights of their own when it comes to assistance animals, as well. They may deny a tenant’s ESA if it would create an undue financial hardship, including increased property insurance rates, for one. If it threatens or is aggressive toward other tenants or destructive to the property, the landlord can deny or evict an ESA. In Kansas, landlords may also legally deny a potential renter if they provide a fake ESA letter or a document that is not signed by a licensed mental health professional.

Illegal Reasons for Denial

First and foremost, housing managers may not deny your ESA simply based on its species, breed, or size limitations. They are also prohibited from denying your ESA request based on your disability or their standard no-pet policy. As long as you have a legitimate ESA letter — and your ESA is well-behaved — your landlord can’t deny you housing or evict you during your lease term. 

ESA Documentation and Responsibilities in Kansas

Valid ESA Documentation

For you to take advantage of your right to have an emotional support animal, you need a valid and legitimate ESA letter. First, you must be diagnosed with a mental health disorder by an appropriate professional, such as a psychiatrist, therapist, social worker, or general practitioner. Once you’re diagnosed, your LMHP will compose your ESA letter, which declares that you have a covered disability that requires an ESA as part of your treatment. They issue this document on their official letterhead, which includes their valid license details and contact information. That’s all you need to bring your ESA home with you. 

Tenant Responsibilities

As the owner of an ESA, you have some responsibilities to adhere to if you want to maintain a good relationship with your housing provider and prevent eviction. Keep your support sidekick on its best behavior and keep it in an appropriate enclosure, such as a cage or crate, when necessary. Avoid property damage, keep your ESA securely in your unit or under your control, and always ask before introducing it to your new neighbors. Follow these rules, and you and your ESA will have an ideal living arrangement.

FAQs

Can landlords charge a pet deposit for an ESA in Kansas?

Thanks to the Fair Housing Act (FHA), landlords and other housing providers are prohibited from charging pet deposits or other fees to disabled people with emotional support animals (ESA) in Kansas.

Are emotional support animals allowed in public places in Kansas?

Unfortunately, ESAs are not allowed in public spaces in Kansas, unless a business is explicitly pet-friendly. However, trained service dogs are permitted in public spaces, including restaurants, shopping centers, and medical facilities. 

Do I need a letter to keep an ESA in my Kansas apartment?

Yes, if you want to have an emotional support animal in your apartment, you need to get an official ESA letter. Otherwise, your animal is considered a pet and is subject to the housing provider’s rules.

Can a landlord refuse an ESA in no-pet housing?

In most cases, no, a landlord cannot refuse an ESA even if they don’t typically allow pets. The only instance where they could evict or refuse an ESA is if they pose a direct threat to other residents or cause excessive property damage.

What is the difference between a service animal and an ESA in Kansas?

In Kansas — and the rest of the United States — a service animal is typically a dog (or a miniature horse, occasionally) that is trained to perform tasks related to their owner’s disability. On the other hand, an ESA is a pet of any domesticated type that provides emotional support that helps ease their mental or emotional health struggles. Service animals have more rights in public access and air travel than ESAs, which are only permitted to live in rental housing.

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Get Your ESA in Kansas with the Help of Pettable

If you call Kansas home, you may qualify for an ESA to help alleviate your mental health disorder. Thanks to the FHA, Kansans are allowed to keep an ESA in their rental housing — as long as they have an official ESA letter. So, if you want to keep your living situation in good standing, make sure you have this document to share with your landlord or housing management company. With open communication and official documentation, you can avoid any potential disputes or disagreements that put your housing in jeopardy. Contact Pettable to get your authentic ESA letter and get ready to live with your beloved assistance animal today!