Emotional support animals (ESA) are granted protection under multiple laws. However, these laws may vary depending on where you live in the US. Some states have stricter guidelines than others. For example, even if you have an ESA letter in Alabama, your pet can’t accompany you during air travel.
Connecticut, like most states, does not have strict state-specific laws regarding emotional support animals. Nevertheless, it’s important that you familiarize yourself with the federal laws regarding emotional support animals and service animals since they are commonly mistaken to be the same.
Federal Laws for ESAs and Service Animals
ESAs and service animals have different laws. Most people don’t know the differences between these two types of animals, which often leads to confusion regarding their functions and roles. There are three federal laws for ESAs and service animals that you should be aware of:
The Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) allows Americans with disabilities to own service dogs that are trained in order to help them with their disability. It also offers the service animal protection from discrimination from any local businesses/landlords. Service animals are treated as medical aid for their owner.
Their training can range from retrieving objects for owners who are wheelchair-bound to detecting oncoming seizures, or helping a person with PTSD by letting them know a panic attack is coming. They are also allowed in places where pets would normally not be allowed, such as hospitals, shops, and restaurants.
It is important to note, however, that there are key differences between service animals and emotional support animals. Emotional support animals are not specially trained to handle medical conditions but are there for cuddles, which they naturally do. They are also not limited to a certain species and can range from a wide array of animals.
Service animals can only be dogs, specifically dogs who have adequate training in helping their owner’s disability.
Emotional Support Animals Types in Connecticut
Connecticut may have some limitations to what it recognizes as ESAs. Suppose you own an ESA that is not a commonly domestically owned pet (I.e., a cat or a dog). In that case, it’s better to talk to your licensed mental health professional about your specific animal.
Your doctor may also give you valuable insights about your animal that will help you with your mental health in the long run. They will let you know if your animal can be recognized legally as an ESA by the laws of the state.
Fair Housing Act (FHA)
The Fair Housing Act (FHA) protects the rights of people with disabilities to live with their animals. This includes ESAs under its umbrella and protects people owning ESA from discrimination against their landlords. If you hold an ESA letter, your landlord must make reasonable accommodations for your ESA even if their property has a no-pet policy.
You cannot be charged any additional fee if you hold an ESA letter. You’re also exempt from certain restrictions regarding the breed and weight of the animal you own since ESAs are technically seen as medical aid and not as pets meant for entertainment.
There are, however, limitations to these policies in some instances, and ESAs can be denied by a housing provider. These cases include:
- If the ESA is vicious and known to bite or harm people in any way, the provider can deny your ESA letter. The housing provider will have to prove the hardship that other residents might have to face due to the presence of the ESA.
- If reasonable accommodation cannot be made for the animal (which would be either due to the animal’s size or diet).
- In the case of housing that is privately owned.
- Private rental where the owners are not housing providers.
- Buildings with four or fewer units where the owner occupies a unit.
If your ESA letter is legitimate and you believe your ESA does not violate any of the aforementioned exceptions, your landlord should provide reasonable accommodation for your ESA and cannot charge extra for your ESA.
However, if your housing provider still rejects the letter, you can file a complaint at the Department of Housing and Urban Development near you. This may not guarantee that every rejection is revoked, but it’s still a good idea to explore this avenue for addressing such issues.
Public Access for ESA Owners in Connecticut
ESAs don’t have any special access in Connecticut. This means you can’t bring your animal with you to public places like restaurants, bars, or schools. even with an ESA letter. Unfortunately, this privilege is only available to service dogs in Connecticut.
Air Carrier Access Act (ACAA)
While the FHA helps mitigate any discrimination towards ESA and its residential policies, the Air Carrier Access Act (ACAA) is designed to ensure that individuals with disabilities have the same opportunities to travel by air. This means airlines are generally obligated to allow animals to travel in-cabin as long as certain conditions are met.
It’s worth mentioning here, however, that while the whole of ACAA is applicable to service animals, and not ESAs. Its application to ESAs is state-dependent. The law originally covered ESAs but was amended in 2020 to exclude them.
Before it was amended, airlines were required to make appropriate arrangements for ESAs which included providing necessary facilities like lavatories and making them available to use for disabled people. They would also be liable to help with onboarding and providing the same opportunities to people with disabilities while traveling.
Airlines are required to train staff on how to handle service dogs and help people with disabilities, as well as address any problems they may face during their flight due to their disabilities.
Air Travel for Emotional Support Animals Laws in Connecticut
Consider yourself lucky if you’re an ESA owner in Connecticut. The state has, on average, better and more lenient travel policies for ESA owners and offers them more rights than most other states do.
For example, virtually all of the ACAA laws apply to ESAs in Connecticut. While this varies greatly depending on what airline you use, it is still widely accepted by most of them, extending to service dogs and ESAs.
Connecticut ESA Laws for Employment
In Connecticut, the Equal Employment Opportunity Commission (EEOC) provides some protection for ESAs. The workplace is supposed to provide reasonable accommodation for employees and their ESAs. This means that the ESA can help bypass “no pets” policies in offices since they technically are considered medical aid and not pets. Similar to housing policies, however, if the animal seems to be violent or threatening to other employees, you may not be allowed to take it to your workplace.
ESA Laws in Other States
Here are some ESA laws that are applicable in other states:
Florida Statutes Chapter 760
This law acknowledges the need for ESAs and also offers them protection. It also introduces legal punishment and stricter measures for people who forge fake ESAs. This can range from loss of ownership of their beloved animal to further legal action in court. This is primarily done to minimize fraud.
Texas Fair Housing Act
This legislature builds on the Fair Housing Act (FHA) by protecting those with ESAs facing discrimination in housing. Housing Providers must make reasonable accommodations for ESAs of their tenants.
New York Human Rights Law
The New York Human Rights Law protects ESA owners against discrimination even from temporary housing providers who are also responsible for providing reasonable accommodation for your animal.
Getting an ESA Letter in Connecticut
Now that you understand the benefits of an ESA letter, let’s take a look at how to get one in Connecticut.
Getting an ESA is a very straightforward process. Many websites cater to those attempting to get an emotional support animal letter, but it is mandatory to talk to a medical health professional in order to get it.
If you suffer from any of the following mental health conditions, then you may be eligible for an ESA letter:
- Attention Deficit Disorder or ADD
- Cognitive Disorders
- Bipolar Disorder
- Learning Disorders
- Phobias and/or Fears
- Gender Identity Crisis
You must consult with your local medical health practitioner if you are affected by any of these conditions. When you do, you’ll have to maintain a 30-day client-provider relationship with your doctor.
If you cannot get an ESA letter, we strongly advise you not to forge one or misrepresent your pet as an ESA. While there currently are no legal consequences for such an action in Connecticut as of now, you could potentially lose the right to own your beloved animal.
What Is a 30-Day Client-Provider Relationship?
It is crucial to consult with a medical health practitioner and get them to approve your ESA letter, which can be done after a 30-day client-provider relationship.
This means that you have interacted with your doctor for over 30 days and are, thus, eligible to get an ESA letter from them. It is up to the medical health practitioner to decide how many consultations you would need to be given your ESA letter, but some states enforce a minimum amount of meetings.
For example, in California, there has to be a minimum of two consultations with your practitioner in order for them to issue you an ESA letter.
Difference Between Emotional Support Animals and Service Animals
As mentioned above, ESAs are very different from service animals. They have different roles and privileges, which is why it’s important to understand the differences between them.
Species Variation
ESAs can range from cats, dogs, rabbits, hamsters, and even birds in some cases.
Service animals are generally dogs but, in rare cases, could be mini-horses.
Purpose
The role of ESAs is to improve your mental health by providing you with emotional support. They don’t necessarily help their owner in any physical sense but are a great deal of stress relief for them.
Service animals, on the other hand, are very handy and can make up for the disabilities of their owner. This can include:
- Licking their hand to alert them of an oncoming panic attack.
- Retrieving objects for people who use wheelchairs.
- Leading the way for blind people.
- Dogs help autistic owners with social assistance and support them through social interactions.
Access Rights
Owners of ESAs will have to show their assigned ESA letter to get public access for their animal to most places. This is to be obtained from a licensed mental health practitioner, which can take some time.
Service animals, however, require no such certificate and only need to be asked what disability the animal helps with in order to gain access.
FAQs
Are you still curious about ESAs in Connecticut? We answer some of the most commonly asked questions below.
Where can I get more detailed information about emotional support animal laws in Connecticut?
For detailed information on ESA laws in Connecticut, you can consult state and federal housing laws, as well as contact the Connecticut Commission on Human Rights and Opportunities (CHRO) for guidance.
Can my pet snake become an ESA in Connecticut?
Yes, it is possible for your pet snake to become an ESA, as long as you can prove to your doctor that it contributes positively to your mental well-being. Note, however, that a landlord can refuse to provide you reasonable accommodation if they feel that your ESA is a threat to other tenants.
Will I be charged an extra fee for moving my ESA into my Connecticut apartment?
No, it’s illegal for landlords to charge you any fee associated with your ESA. According to the Fair Housing Act, you’re only responsible for damages caused by your ESA to a property. No landlord is allowed to charge a “cleaning fee” or “pet fee.”
Can my ESA accompany me in the cabin during air travel?
It depends on the airline you’re flying with. You should check their policies and see what they have to say about the matter. Legally speaking, airlines have no obligation to allow your ESA to fly with you in the cabin. The Air Carrier Access Act (ACAA) only gives service animals that privilege.
What’s the difference between a service animal and an ESA?
A service animal requires specialized training to perform specific tasks for people with disabilities. An ESA doesn’t need any training and only requires an ESA letter from a licensed mental health professional. Service animals don’t need any certificate or letter to be legally recognized as service animals. As long as they can perform the tasks needed to help people with disabilities, they’re considered service animals under the law.
Can my ESA letter be rejected by a landlord in Connecticut?
Yes, it is possible for a landlord to reject your ESA letter, but it is very rare. If you got your ESA letter from a licensed mental health practitioner, then it’ll be recognized as valid. That’s why it’s important to do thorough research when finding a doctor. The landlord can also refuse to let your ESA move in if they believe they pose a threat to other tenants.
Register Your Pet as an ESA in Connecticut Today
Now you know practically everything there is to know about ESAs in Connecticut. There’s a big difference between emotional support animals and service animals, so make sure you understand the laws that affect your pet.
ESAs are protected under the Fair Housing Act and are allowed to live with you on any property as long as you can show the landlord your ESA letter. Contact your local mental health practitioner today to see if you’re eligible for an ESA letter.
Once your doctor has determined that you do suffer from a mental health condition and your pet’s presence helps you feel better, you’ll get your ESA letter. Then, all you need to do is move your furry friend into your apartment and bask in the happiness they bring.