For people who suffer from mental health challenges such as chronic stress and anxiety, an emotional support animal (ESA) is an invaluable companion. As the name indicates, ESAs provide emotional support to their owners and help mitigate the symptoms of their mental disability.
If you live in Tennessee and are planning to get an ESA, then it’s essential that you understand the laws that govern these animals in the state. You must be aware of your ESA’s rights and limitations so you can navigate housing and public spaces smoothly.
In this guide, you will learn about ESA laws in detail, including both state and federal laws. Let’s start by taking a look at what an emotional support animal is.
How Is an Emotional Support Animal Defined in Tennessee?
An emotional support animal is an animal that doesn’t need training to perform a task for a person with a disability. It is simply there to make its owner feel better and relieve the symptoms of certain mental health conditions.
Anyone who suffers from mental health conditions like depression, post-traumatic stress disorder (PTSD), anxiety, chronic stress, and bipolar disorder can find solace through the companionship of an emotional support animal.
For an animal to be designated as an ESA legally, you have to get an “ESA letter” from a licensed mental health professional in Tennessee. The process is very straightforward and usually does not cost a lot. In some cases, you may even be able to get it for free.
To get an ESA letter, you have to discuss your mental health condition with a healthcare professional in the state of Tennessee. Let them know that your pet has been helping you cope with the condition and that their absence will exacerbate your symptoms.
The doctor will evaluate your mental state and diagnose you based on what you have told them. If the doctor determines that your pet is a necessary part of your treatment, then they will issue you the ESA letter in a couple of days.
Once you have received the letter, your pet will legally be an emotional support animal.
Is an ESA the Same Thing as a Service Animal?
No, in the eyes of the law, service animals and emotional support animals are two different classifications and are covered under different laws.
Unlike ESAs, service animals require specialized training because they have to be able to perform specific tasks for people with disabilities. Some examples of service animals include guide dogs who assist people with visual impairments, hearing dogs who help those with hearing loss, and seizure alert dogs who alert their owners to oncoming seizure attacks.
Without any training, a service animal can’t help people with disabilities. They don’t require any letter or documentation. They also don’t need a vest or any sort of identification when they’re out with their handlers.
ESAs are different from service animals because they don’t need any training to help their owners. For example, if your pet is able to pull you out of states of depression or anxiety without having to do anything, then you are eligible for an ESA letter from a healthcare professional.
Another big difference between service animals and emotional support animals is that the former can only be a dog or a miniature horse, while the latter can be any species. ESAs can be cats, ferrets, snakes, mice, birds, and even rabbits. As long as your pet helps you get through the day, you’ll easily be able to get an ESA letter.
The Importance of ESAs
For many people, having an ESA is an essential part of their lives. Without them, it’s impossible for them to make it through the day. People who suffer from depression and anxiety find it extremely difficult to feel at peace without their ESA.
ESAs lower stress in people who suffer from mental health challenges. They motivate them to keep going when they find it impossible to get out of bed. Plus, when you develop a strong bond with an animal, and you have to care for it, it encourages you to build a routine. You have to feed the animal, groom it, take it for walks, and play with it.
Dogs and cats are the most common choices for ESAs. They are both incredibly smart animals capable of sensing their owners’ emotions. However, keep in mind that your connection with the animal determines its effectiveness as an ESA.
Do I Need Any Identification for My ESA?
No, there’s no need to get any sort of identification for your ESA. Your ESA letter is the only legal requirement, and it will suffice in every situation where someone demands proof of your pet’s status as an ESA.
You can sign up with an online registry to get an ID card and a certificate, but these aren’t necessary. Since these two aren’t legal documents, you would still need an ESA letter when requesting reasonable accommodations.
Signing up with an online registry does have some benefits, though. For example, they can get you in touch with a licensed mental health professional in Tennessee and also help you with their on-staff attorneys if you encounter any legal issues.
If you already have an ESA ID card or certification but not an ESA letter, your pet isn’t legally considered an emotional support animal, and misrepresenting it as such could lead to legal problems.
If you want an ID card for your ESA, you should obtain it after you obtain your ESA letter.
Emotional Support Animal Laws in Tennessee
Now that you know what an emotional support animal is and how it’s different from a service animal, let’s take a look at some of the laws you should be aware of as an ESA owner. There are three laws that govern the rights of service animals, but unfortunately, only one of them specifically addresses the concerns of emotional support animals.
1. Fair Housing Act (FHA)
The first law we are going to talk about is the Fair Housing Act (FHA). This law was passed in 1968 to prevent discrimination against people in the housing sector based on race, ethnicity, disabilities, color, or religion.
It states that landlords must provide reasonable accommodations to individuals who own emotional support animals so they can enjoy the same housing opportunities as other people. They must not be restricted or discriminated against based on their need for ESAs.
You’ll have to make a written request for reasonable accommodations from the landlord. They will ask for your ESA letter, and if your disability isn’t apparent, they could ask you how your ESA helps you with it. In most cases, however, the ESA letter will mention that you have been diagnosed with a mental health condition, and your pet assists with the challenges associated with it.
If you got your ESA letter from a licensed mental health professional in Tennessee and your pet doesn’t pose a threat to the safety of other tenants, then your request will be accepted easily.
There is a slight chance that it could be denied, but it’s very rare. The landlord would have to prove that having your ESA in their building will affect their operations or cause undue financial hardship, which is not easy.
Thanks to the FHA, your ESA can live with you even in apartments that have a no-pet policy. University rooms also allow pets if you can show your ESA letter.
2. Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) originally permitted people to travel with their ESAs on planes without having to pay any extra fee. However, the law was amended in 2020 and now distinguishes between ESAs and service animals, only allowing the latter to travel in the cabin.
Airlines are no longer legally obligated to let ESAs travel with their owners. They can charge a fee and, just like landlords, enforce restrictions like size limitations and breed criteria. You may not be able to take a large dog with you on a plane, even if the airline allows ESAs for an extra fee.
Since it’s at the discretion of airlines, policies regarding ESAs tend to vary. That’s why we recommend that you call the airline you plan to fly with and ask them whether they allow ESAs or not. If they are allowed, there is a good chance they will be treated as a pet and not as a service animal.
3. Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is the third law that affects ESAs and service animals in Tennessee. It ensures that people with disabilities have the right to take their assistance animals with them in public places. These pets are referred to as service animals in the ADA, and they are different from emotional support animals. ESAs don’t have the same rights when it comes to navigating public spaces.
For example, service animals are allowed to go wherever people can go. They are allowed in a range of places, including restaurants, cafes, hospitals, and universities. Since they don’t have any documentation or identification, their handlers don’t have to show anything to anyone to prove their pet’s status as a service animal.
People with service animals are also allowed to take their animals to their workplaces. It’s not as easy to take an ESA to a workplace. There may be rules regarding ESAs at your workplace, and more rare ESAs like reptiles may simply not be allowed. That’s why it’s important that you ask your employer for permission first and make sure that your pet doesn’t bother your coworkers.
Since service animals have been trained, they are less likely to cause disruptions or disturb the people around them. This is why it’s important to train your ESA, even if it’s not legally required. You must teach your ESA some basic obedience skills and ensure that it always listens to you.
What Are My Responsibilities as an ESA Owner?
As mentioned above, there is nothing more important than making sure your ESA doesn’t disturb anyone around it. If you live in an apartment with your ESA, at the very least, you should teach it some basic commands because if it bothers other tenants, the landlord could ask you to remove the animal.
Train your dog well so it doesn’t cause any damage to the property. The FHA doesn’t protect you from damages caused by your ESA, and you will be asked to pay for them.
One of the most important responsibilities of an ESA owner is to make sure that your ESA doesn’t wander off into places where they are not allowed. When moving into an apartment, you should talk to your landlord and ask them which places are off-limits for your ESA. If you live in university housing, then you may be able to find details on the university’s website about the areas where ESAs aren’t allowed.
You have to clean up after your ESA. This is especially important if you’re living in an apartment that has a no-pet policy. If you decide to leave the apartment for a couple of days, you may have to take your ESA with you since it’s not allowed anywhere outside your room.
It’s important to be mindful of how your ESA behaves around other animals and people. If a restaurant allows ESAs, then make sure your pet doesn’t bark loudly or show aggressive behavior towards other animals and people.
Even though there’s no training requirement for ESAs, it’s still important that you invest some time in making sure your pet doesn’t misbehave around other people. While service animals require extensive training, teaching some basic skills to your ESA won’t take too much of your time or effort. If you find it difficult, there’s always the option of hiring a professional trainer.
Get an Emotional Support Animal in Tennessee
As an ESA owner in Tennessee, it’s very important to understand the laws that affect you and your animal. The Fair Housing Act is the most important piece of legislation for ESA owners, as it gives them the right to have their pets move in with them, even in apartments with no-pet policies.
Any animal can be an ESA as long as you can get an ESA letter from a licensed mental health professional in Tennessee. However, landlords have the right to deny you reasonable accommodations if they feel your ESA could harm other tenants. They could also refuse your request if they find out that your ESA letter is fake.
Unfortunately, ESAs aren’t allowed on planes anymore unless an airline permits it. They may charge an extra fee for it and will have restrictions based on size and breed. Service animals have much more freedom than ESAs, as there are two other laws that protect their rights, namely, the Air Carrier Access Act and the Americans with Disabilities Act.
Service animals are trained to perform tasks for people with disabilities. ESAs aren’t trained as their purpose is to support their owner emotionally. If your pet is the reason you get out of bed every day, then you should talk to a licensed mental health professional and get an ESA letter as soon as possible.