What Are Service & Emotional Support Animals?
A Service Animal is a dog (and in some cases, a miniature horse) that has been individually trained to perform tasks directly related to a persons disability. Tasks can include guiding a person who is blind, alerting a deaf individual to sounds, pulling a wheelchair, or retrieving medication.
An Emotional Support Animal (ESA) provides comfort, companionship, and emotional stability to a person with a mentalhealth condition such as anxiety, depression, PTSD, or autism. Unlike service animals, ESAs do not require specialized training to perform a specific task.
Both types of animals can be vital parts of a persons treatment plan, but they are covered by different laws and have distinct rights.
Legal Rights and Protections
Service Animals
- Americans with Disabilities Act (ADA) Grants publicplace access to service animals. They must be allowed in restaurants, stores, hotels, public transportation, and most workplaces.
- Businesses may ask only two questions: (1) Is the animal a service animal required because of a disability? (2) What task does the animal perform?
- Service animals must be under the handlers control at all times (leash, harness, or other tether unless it interferes with the animals work).
Emotional Support Animals
- Fair Housing Act (FHA) Allows ESAs in housing that normally prohibits pets, without extra fees.
- Air Carrier Access Act (ACAA) As of Dec2020, airlines are no longer required to recognize ESAs as service animals; they may be treated as pets subject to the carriers policies.
- Landlords may request a letter of accommodation from a qualified professional confirming the need for an ESA.
Key Differences Between Service Animals and ESAs
| Aspect | Service Animal | Emotional Support Animal |
|---|---|---|
| Training | Taskspecific, professional training required. | No specialized training required. |
| Legal Access | Public places, workplaces, transportation. | Housing (FHA). Air travel no longer mandated. |
| Species Allowed | Dogs (and limited cases of miniature horses). | Any domesticated animal, though most are dogs or cats. |
How to Obtain a Service Animal or ESA
Service Animal Pathway
- Obtain a formal diagnosis from a qualified healthcare professional.
- Work with a reputable training organization that specializes in serviceanimal training.
- Ensure the animal is fully trained for the specific task(s) required for your disability.
- Keep documentation such as a training certificate and a letter from your provider stating the need for a service animal.
ESA Pathway
- Receive a diagnosis for a mentalhealth condition from a licensed mentalhealth professional (therapist, psychologist, psychiatrist, etc.).
- The professional provides an ESA recommendation letter on official letterhead, stating that the animal provides essential emotional support.
- The animal itself does not need to be certified, but a recent health exam and vaccinations are advisable for housing applications.
Owner Responsibilities
Regardless of classification, the handler is responsible for the animals behavior and hygiene.
- Keep the animal uptodate on vaccinations, flea/tick prevention, and regular veterinary care.
- Maintain proper grooming and waste disposal in public settings.
- Train the animal to remain under control; disruptive behavior can result in revocation of access rights.
- Respect property owners policies that are not discriminatory (e.g., a nopet building may still be required to accept an ESA under the FHA).
If a service animal or ESA poses a direct threat to health or safety, or its presence fundamentally alters the nature of a service, a provider may lawfully deny accommodation after a casebycase assessment.
Common Misconceptions
- Any cute animal qualifies. Only dogs (and miniature horses) trained for specific tasks are recognized as service animals under the ADA.
- A pet certificate is enough. No government agency issues official serviceanimal certificates. Thirdparty certifications are not legally binding.
- ESAs are allowed on airplanes. After the 2020 rule change, airlines may treat ESAs as regular pets.
- You can demand a service animal in a private home. The ADA does not apply to private residences; only the FHA governs housing.
