Where Can Emotional Support Animals Go? Understanding Your ESA Access Rights

Emotional support animals (ESAs) play a vital role in many people's lives. An ESA is simply an animal that comforts their owner, who is living with a mental health condition. Individuals dealing with mental health issues such as post-traumatic stress disorder (PTSD), depression, anxiety, or other mental health conditions find comfort in their ESA. Do you know that the Human Animal  Bond Research Institute (HABRI) discovered that more than 1-in-5 pet owners have had a pet recommended for their health by a doctor or a therapist? 

So, emotional support animals are clearly on the rise for people dealing with mental health issues. But as an ESA owner, you may wonder, where can emotional support animals go? Emotional support animal access rights are not as broadly defined as those of service animals under the Americans with Disabilities Act (ADA). 

Service animals undergo specific training to perform tasks for their owners and have public access rights. ESAs do not have to have any special training and, therefore, are not provided the same access rights as service animals. 

Too often, ESA owners need clarification on all the information about service animals, ESAs, and public access rights. This article will help to clear up some of that confusion. We will clarify what places emotional support animals can go and highlight some limitations under federal laws.

ESA Access Rights Under Federal Law: Housing and Travel

So, where are emotional support animals allowed to go? There are ESA access rights governed by federal emotional support animal laws that you must learn about when you become an ESA owner. The main federal law to familiarize yourself with is The Fair Housing Act (FHA). The FHA governs your ESA rights in housing. 

The Air Carrier Access Act (ACAA) protected ESAs in air travel. However, since 2021, it no longer recognizes ESAs as service animals, and the laws have changed. Let's take a closer look at each of these federal ESA access rights laws. 

Fair Housing Act (FHA): ESA Rights in Housing

The Fair Housing Act (FHA) is a federal law that prohibits discrimination against people with disabilities in housing situations. This law protects the rights of people with disabilities, including people with emotional support animals. People with an ESA have the right to live with their ESA in housing units even if there is a "no pets allowed" policy.  

Landlords Must Make Reasonable Accommodations for ESAs

According to the Fair Housing Act, emotional support animals are not considered pets. The FHA requires landlords to make " reasonable accommodations" for people with ESAs, including waiving pet fees and allowing ESAs to live in no-pet housing. So, ESA owners will not have to pay pet fees or deposits as an ESA is not considered a pet under the FHA. Tenants are responsible for any damages that their ESA causes to the property. Landlords cannot impose breed restrictions or require specific training for the ESA. 

Landlords have the right to verify your need for an ESA, so you must present your landlord with an ESA letter when you ask for reasonable accommodations. The ESA letter must have a licensed mental health practitioner’s (LMHP) contact information and licensing number for the landlord to use to verify its legitimacy. 

There are some exceptions to the rule regarding when landlords can deny your ESA. For example, if the animal poses a real threat to others or causes excessive damage, the landlord can deny your request for accommodations.

Air Carrier Access Act (ACAA): ESA Rights in Air Travel

There have been some significant changes in ESA access laws in recent years, and one of those laws that has changed the landscape for ESA owners is the Air Carrier Access Act (ACAA). 

The Air Carrier Access Act (ACAA) protects people with disabilities, including those who can ride on flights with service animals. However, as of 2021, new laws changed, and ESAs are no longer recognized by the ACAA. ESAs are now restricted from having automatic access to planes, and airlines are no longer required to treat them the same as service animals. 

ESA-Friendly Air Travel Options

However, there are some airlines that will still allow you to fly with your ESA, but often with restrictions on the type of animal, and advanced notice may be required. You can research pet-friendly airlines and find airlines that will let your ESA fly, but typically for a fee and often not in the cabin directly with you. If the animal is allowed in the cabin, it may have to be under a certain size and usually can't be exotic.

The most important thing to have is your ESA letter. Airlines will only let you bring your ESA on board with proper documentation. You will also want vaccination records for your ESA. 

Alternative Choices

While these ESA air travel rules pose a challenge for people with ESAs, there are some alternatives you could try. For one, you could think about using a therapy dog for support. You can reach out to places like Pet Partners to see if you can set up a visit with one of their therapy animal volunteers. Or maybe consider having your animal trained to become a certified service animal, guaranteeing flight access with you.

Public Spaces: Where Emotional Support Animals Are Not Allowed

So, where are emotional support animals not allowed?

According to the Americans with Disabilities Act (ADA) emotional support animals are not protected as service animals and do not have the same public access rights. Service animals are specifically trained to perform a job for their owners. Emotional support animals provide assistance to their owners, but they are not specifically trained to perform tasks. Therefore, according to the law, they do not fall under the same definition as service animals. Let's take a closer look at the public places where ESAs are not allowed.

Restaurants, Stores, and Malls

Are ESAs allowed in restaurants? ESAs are not protected under the ADA and do not have the same rights to public spaces as service animals. These spaces include public areas such as retail stores, restaurants, shopping malls, hotels, and Airbnb rentals.

However, there are certainly some public places that may choose to allow ESAs into their establishments. To find pet-friendly places, simply search online or call ahead. Just know that while some places may allow your ESA in with you, they are not legally required to do so.

Workplaces

The ADA covers service animals and allows them to be with their owners in the workplace. However, ESAs are not specifically covered by the law and do not have access to the workplace. But, if you have an ESA, you can request accommodations through the ADA by proving that your ESA is necessary for you to perform your role. 

You can make a formal request for reasonable accommodations if you have a document showing that you need your ESA as part of your treatment plan for your mental health diagnosis or disability. You'll need an ESA letter to show your employer. 

Remember that employers have the right to evaluate these requests and can decline them if they deem the ESA too disruptive or unnecessary. Employers will also consider the nature of the job and whether the ESA would harm business operations before they make their decision. 

Schools and Universities

Are there any ESA public access limitations on schools or colleges? 

Public Schools (K-12)

ESAs are not allowed in public schools in the United States. The ADA does not consider ESAs service animals, and they won't be allowed in any government elementary, middle, or high schools in the US. There are many reasons why schools wouldn't allow an animal, even an ESA, in the classroom. 

Distractions, allergies, and proper care of the animal, such as feeding and bathroom time, could all be reasons why public schools do not allow ESAs in schools.

Universities 

Colleges and universities can be private or public institutions, meaning their rules regarding ESAs may differ. The great news is that some campuses will allow your ESA to live with you in the dorms or other on-campus housing because of the FHA protections. However, ESAs will only have public access to classrooms, cafeterias, or other parts of the campus with special permission.

You can always research colleges you are interested in going to and call and ask what their policies are about ESAs living on campus to see if they allow them. If you find one that does, you'll need an ESA letter from your LMHP to live with your ESA on campus.

Exceptions: When ESAs May Be Allowed in Public Spaces

Some ESA exceptions in public spaces may allow you to bring your ESA. This includes businesses that have pet-friendly policies or asking businesses to make individual accommodations for an ESA. Some states and even local laws allow ESAs in public areas, too, so you can check with your local laws to see if you can have your ESA in certain places.

Businesses with Pet-Friendly Policies

There are some businesses that are pet-friendly, and you can take your ESA with you. Some companies, such as pet stores, outdoor cafes, and certain hotels, have pet-friendly policies that may allow ESAs. However, you should keep in mind that places that offer this type of pet policy are a privilege and not a legal right. 

ESA-Friendly Hotels

You can find some ESA-friendly hotels. Pet-friendly hotel rooms may ask that you give them advanced notice, show your ESA letter, or charge additional fees. It's always a good idea to check with any ESA hotels or pet-friendly places to find out their stance on ESAs and if there are any breed restrictions or weight limits. 

Remember, you may only be given permission to keep your ESA in your room. You may not be allowed to take your ESA into the dining areas or the pool, so learning and following the hotel’s pet rules is important. This way, you can ensure compliance while still enjoying the company of your ESA.

Individual Accommodations

In some cases, organizations or businesses could make individual accommodations for an ESA, especially if you explain the animal's role in your emotional well-being. There are many different circumstances when you could request accommodations; however, you must remember to have any paperwork ready, like an ESA letter, so that you and the organization can work together to reach a beneficial solution. 

FAQs

Let's look at some of the ESA access rights FAQs.

Are emotional support animals allowed in restaurants?

Emotional support animals are not allowed in restaurants because they are not considered service animals and do not have the same public access rights. However, some pet-friendly restaurants, especially those with outdoor seating, may allow you to bring your ESA.

Can my emotional support animal come to work with me?

Emotional support animals do not currently have workplace access rights.  However, some employers may have a policy letting you bring your ESA to work with you. You will need to have an ESA letter showing your need for the ESA for your mental health and overall well-being. 

Where can emotional support animals go that pets can't?

Emotional support animals are legally allowed at residences where the Fair Housing Act protects them. ESAs are typically allowed with their owners in elevators, stairways, and other shared spaces within the residential buildings.

Are ESAs allowed in classrooms or on campus?

Emotional support animals are not usually allowed in classrooms or other areas of the school campus. The Fair Housing Act only covers an ESA’s right to live in on-campus housing, not access to the entire campus. 

Do emotional support animals have the same access as service animals?

Service animals have public access rights and can go anywhere with their owners. However, emotional support animals are not allowed in public spaces per ESA rules.

Conclusion

Emotional support animals do not have the same public access rights as service animals. ESAs can be in housing with their owner, even in college housing, because they have special access rights under the Fair Housing Act. Some airplane companies may allow ESAs to fly but are no longer seen as service animals. 

ESAs are prohibited in restaurants, bars, hotels, shopping malls, or other public places. If businesses decide that they want to let ESAs in, then it is considered a privilege, but it is not a legal requirement, though you can find places that are pet-friendly. 

It's essential to be aware of your rights as an ESA owner. It's also a good idea to do some research and find out what businesses around are pet-friendly and may let you bring your ESA with you. Many companies are realizing how important ESAs are to their owners and becoming more accommodating. You just have to find these places! 

One of the most important documents you will need is an ESA letter from an LMHP. At Pettable, we connect you to an LMHP in your state who can evaluate your need for an ESA and, if prescribed for your mental condition, will write your ESA letter for you. You can get started today by taking our short survey.