Maine Emotional Support Animal Laws: Understanding Your ESA Rights and Responsibilities

As millions of Americans struggle with their mental health, many animal lovers have discovered a unique new treatment: emotional support animals (ESAs). These assistance animals can provide companionship, affection, and stability for some individuals living with depression, anxiety, post-traumatic stress disorder (PTSD), and other mental health disorders. In the great state of Maine, everyday people are adopting ESAs to help relieve their symptoms and improve their lives overall. And while the Pine Tree State is subject to US federal rules that determine their rights in public accommodations and in housing, there are also some state-specific regulations citizens must follow. Let’s take a closer look at the Maine emotional support animal laws you need to know.

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Federal ESA Protections in Maine: Overview

Although the Americans with Disabilities Act (ADA) protects service dogs, it doesn’t apply to ESAs, but that doesn’t mean emotional support animals are left lacking any protection in Maine and beyond. Like the rest of the United States, Maine is subject to several federal laws that govern how citizens can use ESAs in their daily lives. The Fair Housing Act (FHA) and Air Carrier Access Act (ACAA) both cover where ESAs can and can’t go, whether in your home or on board your flights. 

Fair Housing Act (FHA): ESA Housing Protections

When it comes to protecting the housing rights of all Americans, including those living with mental health disorders, the Fair Housing Act (FHA) is the most important law of the land. Enacted in 1968, the FHA requires landlords to provide reasonable accommodations for disabled tenants, even if there is a no-pet policy in place. 

Additionally, the law prohibits housing providers from charging increased rent, pet deposits, or other fees related to assistance animals. As long as you have an official ESA letter, your housing provider can’t evict you just for having an ESA in your rented home, whether it’s a traditional pet, like a dog or cat, or an unconventional domesticated animal, such as a bird, rodent, or reptile.

However, housing providers can make exceptions in certain cases. If an ESA causes property damage, poses a threat to other tenants, or jeopardizes the safety of housing staff, landlords are permitted to deny or evict the animal and/or its owner. So if you want to have a live-in assistance animal, it must remain under your control at all times.

Air Carrier Access Act (ACAA): ESA Travel Protections

Recent changes to the Air Carrier Access Act (ACAA) have taken ESAs off of their list of approved assistance animals for all standard domestic flights, while trained service dogs remain accepted onboard. ESA travel rules in Maine match that change to federal law. However, that doesn’t completely nullify your rights — contact your air carrier either before or after buying your airfare to ask about making an exception for your ESA. For some air carriers, that won’t be a problem, so make sure to inquire before you fly solo.

Maine-Specific ESA Laws: Housing Protections and Public Spaces

ESA Housing Protections in Maine

While Maine adheres to the federal FHA, which requires landlords to accept emotional support animals and service animals in rental housing, the state also has a state law to avoid confusion between the two. To distinguish service animals from ESAs, the state law defines both as assistance animals, which are protected in these housing situations. This distinction also separates the two assistance animals for the purposes of public access, with service dogs being allowed and ESAs being generally prohibited. 

Under the FHA, landlords must allow disabled individuals to cohabitate with their assistance animals, whether they perform specific tasks related to the disorder or provide companionship and affection. They are also prohibited from charging extra fees for ESAs and service dogs. However, if the assistance animal threatens other tenants, damages property, or would result in an undue financial burden, housing management may terminate a lease or demand the animal is removed.

Public Space Access for ESAs in Maine

When it comes to Maine ESA public access rules, they generally follow the guidelines presented in the Americans with Disabilities Act (ADA), which distinguishes between service animals and ESAs. Maine law reinforces that not all assistance animals are permitted general public access; that is typically reserved for service animals. 

The ADA defines a service animal as a trained dog (or miniature horse) that is trained to perform tasks directly related to the individual’s disability, whether physical or mental. On the other hand, an emotional support animal is essentially a pet that provides necessary comfort and companionship that eases its owner’s mental health symptoms. 

These distinctions are important; service animals are guaranteed public access to accommodations, including restaurants, shopping centers, government buildings, and medical facilities. On the other hand, ESAs are strictly permitted to live with their owners, so any public access must be granted with discretion, so it’s important to ask ahead about bringing your comfort creature along on the town.

Can Landlords in Maine Deny Emotional Support Animals?

Although your disability rights are protected in Maine thanks to the FHA, that doesn’t mean your ESA doesn’t need to follow some simple rules. Your landlord also has rights, and there are certain scenarios where they can legally deny your ESA or evict you on related grounds.

Legitimate Reasons for Denial 

Landlords can deny an ESA in Maine for a few reasons. For instance, if the ESA causes property damage or poses a legitimate threat to other tenants, housing management can evict you and your ESA legally. Landlords can deny an ESA if it would cause an undue financial or administrative burden to properly accommodate it; this is more common with larger or more unconventional animals, such as mini horses or snakes.

Illegal Reasons for Denial

Of course, there are several illegal reasons that a landlord may try to deny or evict an ESA. They can’t deny an ESA based on standard no-pet policies, which includes any normal limitations on breeds or species, such as feathered friends or scaly sidekicks. They are also prohibited from using your specific disorder as an excuse to say no to your ESA, and they can’t deny you if your condition is not always apparent.

ESA Documentation and Responsibilities in Maine

Valid ESA Documentation

There is only one requirement or document required to bring your emotional support animal along in your rented home: an official ESA letter. Issued by a licensed mental health professional, such as a therapist or psychiatrist, an ESA letter acts as a prescription for an assistance animal, stating that it is a vital component for your mental health treatment plan.  

Tenant Responsibilities

To be a good tenant with an ESAs, you have some important responsibilities. Your assistance animal must remain under your control whether in the housing unit or on common property grounds. That includes preventing attacks against staff or residents and avoiding property damage. You are also financially responsible for any such damages to the property, and liable for any issues between your ESA and your neighbors.

Frequently Asked Questions (FAQs)

Can my landlord in Maine charge me a pet deposit for my ESA?

No, your landlord is not allowed to charge you any extra fees or deposits for your ESA in Maine.

Are emotional support animals allowed in public spaces in Maine?

Unfortunately, emotional support animals are not generally permitted in public places, such as dining establishments, stores, or public transit; always inquire about exceptions ahead of time.

What documentation is required for an ESA in Maine?

To get an ESA in Maine, the only required document is an official ESA letter issued by a licensed mental health professional actively certified to practice in the Pine Tree State.

Can landlords deny emotional support animals in Maine housing?

Landlords in Maine can only deny ESA housing in cases of property damage, threat to other tenants, or undue financial or administrative costs.

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

In Maine, a service animal is trained to perform specific tasks related to its owner’s disability, whereas an ESA only provides general companionship and affection that soothes their symptoms.

Get Your ESA Letter in Maine with Pettable Today

If you’re living with mental health struggles, you can easily get an emotional support animal in Maine. With an official ESA letter, you can keep your beloved ESA in your home without worrying about your landlord stepping in. However, although state law groups service animals and ESAs together as “assistance animals,” they have different rights when it comes to public accommodations and air travel. Service dogs are allowed in public spaces and onboard domestic flights without any hassle, but ESAs don’t enjoy the same benefits, in Maine or the other 49 states. 

To get the best possible ESA experience in Maine, you should openly communicate with your landlord or housing management to avoid any issues down the line. As long as you follow your own responsibilities and properly care for your assistance animal, you and your ESA can look forward to a happy life together. Contact Pettable to get your ESA letter in Maine today!