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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 doesn’t apply to any other type of ESA.
The Bottom Line
A valid ESA letter requires specific details – Include the patient’s name, a diagnosis summary, a recommendation for an ESA, and the mental health professional’s credentials.
Professional letterhead and state licensing are essential – The letter must be signed by a licensed mental health professional practicing in the same state as the patient, using official letterhead.
Common errors can lead to rejection – Missing information, like license numbers or clear recommendations, can invalidate your ESA letter and cause housing issues.
Get a legitimate ESA letter online – Secure your ESA letter from a licensed professional through Pettable, ensuring compliance with all legal requirements.
If you’re trying to get an Emotional Support Animal (ESA) letter — or you’re a professional tasked with writing one — you’re probably here to make sure it checks all the right boxes. An ESA letter has to follow strict guidelines to secure legal protection for the people who rely on them. Missing even one element can lead to the letter getting rejected, so let’s go through each point so you can feel confident in its legal compliance.
What Does An ESA Letter Need to Say?
An ESA letter must include the patient’s name, a brief diagnosis statement, a clear recommendation for an ESA, and the mental health professional’s credentials, including their license number, state of practice, and signature on official letterhead. The letter confirms the need for the ESA to alleviate mental health symptoms and ensures housing protections under the Fair Housing Act (FHA). To remain valid, the ESA letter must comply with state-specific regulations, such as requiring the professional to be licensed in the same state as the patient.
What Does an ESA Letter Need to Include?
Each part of the ESA letter has a purpose, from confirming legal points to ensuring the credibility of the professional who signs it. So, what does an ESA letter need to say exactly?
Key Components of a Legally Valid ESA Letter
Patient’s Name and Contact Information: The full name and contact details of the person needing the ESA have to be included so housing authorities can verify the identity of the person requesting accommodations.
Mental Health Professional’s Credentials: The ESA letter has to be written by a licensed mental health professional. The letter must show the professional’s full name, license number, state of practice, and contact information.
Same-State Patient-Professional Relationship: The professional should be licensed in the same state as the patient to adhere with patient care laws (the ESA letter will be valid in all states). Check with your local state regulations for any added regulations.
Statement of Diagnosis: A general statement that says the patient has a diagnosed mental health condition should be included, but it can be simple — the specific condition doesn’t have to be stated, only that there is a legitimate condition.
Recommendation for an ESA: At the heart of the letter there has to be a clear statement that the patient needs the ESA for their wellbeing. This is what puts the “support” in an emotional support animal certification, making it official.
Professional’s Signature and Date: The mental health professional has to sign the letter using their letterhead, with the date of issue.
What’s a letterhead?
A letterhead is a professional stationery. It usually has the mental health professional’s organization’s or private practice’s contact information, logo, and address. The letterhead makes the document look official and reinforces that it’s coming from a qualified source.
Here is an example of what an ESA should look like on a mental health professionals letterhead, with all required information:
So, what are the legal requirements for legitimate ESA letters to be valid and offer full coverage? Here’s a breakdown of the laws that state what the letters need to have:
Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a federal law that protects people with ESAs from housing discrimination. It states that landlords and housing authorities can’t turn anyone with an ESA letter away or charge extra just for having their legal animal companions.
The only catch is that the ESA letter has to be legitimate for the protections to apply — that means a licensed mental health professional in your state has to include all the necessary information in the letter and sign it.
Also, keep in mind that an ESA letter for housing doesn’t cover damages. If your animal damages the carpets, floors, doors, etc., you will still be liable to pay the repair costs. It will either come out of your deposit or be arranged separately with your landlord or housing authority.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) doesn’t cover ESAs the same way it protects service animals. The ADA focuses more on ensuring service animal’s access to public spaces, like hotels, public transportation, or stores. ESAs aren’t guaranteed the same access as service animals, however, an ESA letter might still help in places where policies are more flexible. That includes some travel or housing accommodations.
State-Specific Rules
Who can write an ESA letter changes per state — each has its own rules on how an ESA letter has to be issued. For example, California Law AB-468 requires the mental health professional to have a minimum 30-day relationship with the patient before signing the letter.
What Happens if an ESA Letter is Missing Key Information?
If the letter is missing any details, it might not hold up. Here’s a look at what can happen if your ESA letter is missing key information, along with some common mistakes to avoid:
Consequences of an Invalid Letter
If the letter doesn’t meet the legal requirements, it can be rejected by the landlord or housing authority. That means losing access to housing or potentially, having to pay fees that wouldn’t apply with a valid ESA letter. The FHA won’t protect the ESA and can lead to a variety of housing complications.
Common Mistakes to Avoid
Some of the most common mistakes include the mental health professional forgetting or being unaware that they need to include the state they practice in, their full name, and license number. Without this information, their authority can’t be verified. An absolute must is that the professional signing the letter has a valid license. Otherwise, it will be immediately rejected and considered an invalid ESA letter.
Another issue is an overly generic letter that doesn’t clarify that the patient needs an ESA to manage symptoms of a mental health condition. It doesn’t need to give details, but it does need to state the patient has a condition and that the ESA will help. For example, the ESA has been shown to alleviate symptoms of their condition.
State-Licensed Professionals: The mental health professional writing the letter should be licensed in the same state as the patient.
Clear Diagnosis Statement: Include a simple statement that qualifies the patient has a mental health condition and that the ESA is recommended.
Double Check the Details: Make sure all the boxes are ticked:some text
Date
Patient name and contact details
Diagnosis statement
Recommendation for an ESA as helpful
Professional’s name, contact details, license number, and practicing state — which is the same state where the patient resides
Written using a professional letterhead
Licensed professional’s signature
FAQs About ESA Letters
Can I get an ESA letter from any doctor?
Your ESA letter has to come from a licensed mental health professional. That includes a psychiatric doctor, but not your general practitioner doctor (GP). Other professionals include a licensed therapist or psychologist.
Does the ESA letter need to state my specific condition?
The ESA letter doesn’t have to give detailed medical information or specific conditions — it only needs to state that you have a mental health condition and that the ESA helps alleviate symptoms. This keeps it compliant with privacy laws but establishes the need for the ESA.
How long is an ESA letter valid for?
ESA letters are usually valid for one year. Some housing authorities ask for yearly updates to confirm the ongoing need.
What should I do if my ESA letter gets rejected?
Check for missing information, like the professionals’ licensing number, contact information, or diagnosis statement. Also, check that your professional is licensed in the state you’re living in and research your local laws.
Can I get an ESA letter online and is it valid?
Yes, you can get an ESA letter online as long as it checks all the boxes. It has to be issued by a licensed mental health professional in your state after a legitimate telehealth consultation.
As long as your ESA letters follows these guidelines, you’re good to go. That includes the date, patient name, contact details, diagnosis summary, and how the ESA helps alleviate symptoms. Plus, the licensed mental health professional’s contact information, license number, practicing state, and professional letterhead. The professional should be licensed and practicing in the same state as the person requesting the letter. State laws should also be checked, since some, like California, require a minimum of a 30-day patient-professional relationship.
Once all the details are in place, the ESA letter protects against housing issues and offers the support and security needed.
Nadya Khoja is the Head of Content & SEO at Pettable. She has been featured on Forbes, CBC, Wall Street Journal, and many other notable publications. She has spoken around the world, educating various business leaders about building and executing scalable marketing strategies in the health tech space.
