Service Animals, Emotional Support Animals, and Individuals with Disabilities

Animals will usually fall into two categories: service animals and emotional support animals. Service animals are specially trained and certified. Emotional support animals do not go through any type of training. A service animal must always be under the control of its handler, although having them on leashes or other physical restraints are not always needed. There is no similar requirement for an emotional support animal. 

The three main areas where animals and people converge are housing, transportation, and public accommodations. Someone who owns an emotional support animal must have a diagnosed need for therapy and must be ready to provide documentation of that need to a property owner, housing representative, or public carrier. 

A Social Security Disability award letter or determination by a state Medicaid agency will usually be enough for service animals; and a letter from a psychologist, psychiatrist, or other medical health professional is usually all you need to establish the need for an emotional support animal. 

There are different federal laws that decide what accommodations for service and emotional support animals are required, usually it depends on the setting. The broadest disability law, the Americans with Disabilities Act, requires public areas to allow certified service animals; however, they do not have to allow uncertified emotional support or therapy animals. The ADA prohibits disability discrimination in a wide variety of settings, and is common to allow service animals to accompany their owners into most public places, including restaurants, retail stores, movie theaters, parks and museums, and the like. 

The Federal Fair Housing Act (FHA) and the Air Carriers Access Act (ACAA), in contrast, requires adjustments for both service animals and emotional support/therapy animals. For example, although generally a landlord will charge an additional security deposit for an animal, and even additional supplemental rent for occupancy of a unit by an animal, this is not required by the FHA if the animal is a certified service animal or an emotional support animal. 

Landlords are required to provide suitable adjustments of a tenant’s disability, which includes allowing emotional support animals. The Department of Housing and Urban Development has said that even though traditional animals are allowed, exotic animals can be rejected. There shouldn’t be a problem with a dog, cat, rabbit, or small bird, but snakes, alligators or exotic mammals may be restricted. 

The federal Air Carriers Access Act also covers both service and emotional support animals.  Anyone who is planning to fly on a commercial airline should visit the airline’s website and look over their requirements, which could be different for each airline.  Usually, airlines will require pre-submission of supporting documents 48 hours or more ahead of the flight.

Some may require additional documentation (such as confirmation of animal behavior). For example, the American Airlines website advises calling reservations rather than booking online so they can accommodate for your animal and make room for special seating. Fully trained service animals and emotional support animals are allowed to fly in the cabin at no charge (subject to qualification requirements).

The American Airlines website provides additional requirements, which appear logical and designed to accommodate the individual’s needs while also making sure their other customers are safe and comfortable, together with special forms and directions on submitting them.

Society has evolved so much so that the accommodation of service animals and emotional support animals is not as controversial as it used to be, especially on common carriers (airlines, trains, buses), but housing and other places of public accommodations still prove to be problematic. It is also important to understand that the law distinguishes between true service animals and emotional support animals; only the former must be allowed into most public places.

There has been a considerable amount of abuse of the term “emotional support animal” and as a result many public places will only allow true service animals. A person who is accompanied by a service or support animal needs to understand the legal distinctions between these two categories, carry documentation regarding the need for the animal, and be prepared to respond appropriately to any challenge that they may have to face.