Emotional support animals (ESAs) are an extremely important part of many people’s lives, and these companion animals help individuals deal with the symptoms of certain mental health conditions, such as anxiety and depression.
If you’re a resident of Delaware with an emotional support animal, it is essential that you are knowledgable about ESAs and their rights in the state.
In this article, we will look at what exactly an ESA is and how they’re different from service dogs, in addition to giving you an overview of Delaware’s emotional support animal laws.
What Is the Difference Between ESAs and Service Animals?
These two terms may seem interchangeable, but ESAs and service animals are actually two different types of assistant animals, and they have different legal rights because of this.
Emotional support animals are companion animals that offer comfort, companionship, and a sense of security to anyone struggling with emotional or psychological challenges.
Unlike service animals, ESAs are not trained to perform specific tasks that relate to their owner’s disability. Instead, their main role is to provide a calming and stabilizing influence on their owners. They are typically recommended for individuals with diagnosed emotional or psychological conditions, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
To qualify for an ESA in Delaware, individuals need an ESA letter from a mental health professional affirming the therapeutic need for the animal. This letter protects your ESA’s right to live alongside you so you can benefit from your animal’s companionship in the comfort of your home.
On the other hand, service animals undergo extensive training to perform specific tasks that assist people with disabilities. These tasks can range from guiding individuals with visual impairments to alerting those with diabetes to changes in blood sugar levels.
Service animals are carefully selected and trained to meet the unique needs of their handlers, and they are almost always dogs. In some cases, miniature horses may be legal service animals.
Service animals, in contrast to ESAs, are granted extensive legal privileges when it comes to public access. They are allowed in all public places, including restaurants, stores, and public transportation in order to assist their owner wherever the owner wishes to go.
Delaware Emotional Support Animal Laws to Know
If you wish to have an emotional support animal in Delaware, it’s important to take note of the following laws.
Delaware upholds all federal regulations for service animals and emotional support animals, and we give you a deeper look at these regulations below so you understand your ESA rights in the state.
Emotional Support Animal Housing Laws in Delaware
Under the federal Fair Housing Act (FHA), housing providers in Delaware are legally obligated to consider and provide reasonable accommodations to individuals with disabilities, including those who rely on emotional support animals.
This accommodation is vital for ensuring that tenants can benefit from the therapeutic companionship of their ESAs, even in rental units with no-pet policies, and the FHA prevents discrimination against those who need to live with their ESA or service animal.
ESA owners can request accommodations when they have a valid ESA letter written by a mental healthcare provider licensed in the state.
This letter entitles them to the housing protections outlined in the FHA, and owners can live with their ESA even in housing with no-pet policies or breed and animal restrictions. Owners are also not obligated to pay pet fees, pet rent, or any other animal-related deposits.
That being said, if your ESA destroys property, you will be responsible for any damages and repair fees.
Emotional Support Animal Air Travel Laws in Delaware
In Delaware, as in the rest of the United States, the regulations governing ESAs during air travel are outlined under the Air Carrier Access Act (ACAA).
The ACAA defines the rights of service animals on airplanes (such as traveling without pet fees and always being allowed in the airplane cabin), and while ESAs used to be considered a service animal by the ACAA, changes to this Act in 2020 exclude ESAs from the privileges that service animals receive on airplanes.
That being said, you can still travel with your ESA on a plane; you will simply need to be prepared to have your ESA treated as a pet. This includes adhering to animal guidelines, pet travel restrictions, and paying pet fees.
Delaware residents intending to travel with their ESAs by air should be mindful of the ACAA guidelines and the specific policies of their chosen airline.
Keep in mind that airlines typically require advance notification of animal travel, relevant documentation, and compliance with their specific regulations to accommodate pets, including ESAs. Always check this information ahead of booking your ticket to ensure you and your pet can fly.
Emotional Support Animal Public Access Laws in Delaware
Public access can be a controversial subject when it comes to ESAs, as many people will want to bring their companion animals with them when they go out in public.
However, ESAs do not benefit from the public access protections laid out in the Americans with Disabilities Act (ADA); only service animals have wide-reaching public access rights.
Under the ADA, service animals can accompany their owner to restaurants, stores, the workplace, on public transportation, and virtually everywhere else their owner needs to access. Limited exceptions include some religious organizations or areas where it would be dangerous for a service animal to be, such as an operating room.
Emotional support animals are not considered service animals under the ADA, so they can only go to pet-friendly areas, such as a dog-friendly restaurant patio or a pet store where animals are allowed.
Keep in mind that taking a non-traditional ESA into public or pet-friendly areas can be more difficult, as fewer businesses are typically willing to make accommodations for an ESA that is a hamster, snake, bird, or something similar.
Can Landlords in Delaware Deny ESA Accommodations in Delaware?
In Delaware, landlords can deny ESA letters, but it depends on a number of factors. There are only a few situations where a landlord can legally deny your ESA accommodation request. In general, situations where ESAs can legally be denied include:
- Your ESA letter is not valid, or you have a forged ESA letter
- Your ESA is destructive, dangerous, out of control, or a threat to the health and safety of others
- Your ESA is illegal to own in Delaware
- Your ESA accommodation request is not reasonable, such as bringing a miniature horse into an apartment complex
- Your ESA causes an undue financial hardship to the landlord, or your accommodations request will alter the nature of the apartment (such as installing a system for caring for exotic animals)
Additionally, some types of housing might be excluded from adhering to FHA emotional support animal requirements.
For example, if you are trying to rent a unit in a building with less than four units, and the owner lives in one unit, the landlord is exempt from adhering to the FHA; whether or not your ESA is allowed into the unit with you is up to their discretion.
FAQs About ESAs in Delaware
Are you still curious about getting an ESA in Delaware? We answer some of the most frequently asked questions about ESAs below.
Where Can I Get a Legitimate ESA Letter in Delaware?
A legitimate emotional support animal (ESA) letter can be obtained from a licensed mental health professional, such as a psychiatrist, psychologist, licensed therapist, or counselor.
Only a qualified healthcare professional can assess and diagnose the individual’s mental or emotional condition, establish the therapeutic need for an ESA, and provide a formal letter that adheres to the legal requirements outlined by federal and state laws.
Can I Get an ESA Letter Online?
Online platforms offering ESA letters should be approached with caution, as authenticity and compliance with Delaware state laws may vary. It’s also important that you ensure the healthcare professional administering your letter is licensed in Delaware, as this is what makes your ESA letter valid.
If you are looking to get an ESA letter online because you’re not connected with a Delaware-based mental health professional, simply fill out our ESA consultation form. From there, a mental health professional licensed in Delaware will reach out to you for an evaluation.
Avoid websites offering templated letters or letters without an official mental healthcare appointment – these will not be valid ESA letters.
What Does an ESA Letter Contain?
ESA letters usually include the administering professional’s credentials and contact information, as well as a clear statement on how the ESA alleviates the symptoms of your mental health condition.
The letter will typically include an expiration date and the basic details of your ESA, such as species, appearance, and age.
Can I Travel With My ESA in Delaware?
Traveling with your emotional support animal (ESA) is possible, but regulations vary. Each airline has specific policies surrounding ESAs and pet travel, and you will need to adhere to these rules when booking a flight to or from Delaware.
Staying Updated on Delaware’s ESA Laws
If you want to add an ESA to your treatment plan in Delaware, it’s important to stay updated on Delaware’s ESA laws and take note of your rights.
We recommend understanding these laws before you talk to your mental healthcare provider about an ESA to ensure that you are prepared for what you can and can’t do with an ESA in the state.
Contact your provider as soon as possible to learn more about your options and discuss how the addition of an emotional support animal to your treatment plan can help you feel your best, day after day.