Emotional support animals (ESA) are valuable companions that help residents of Utah deal with the symptoms of certain mental health conditions and disabilities. These companions differ from service animals, but they are still a valid part of treatment plans and have certain protected rights in Utah.
If you are interested in adding an emotional support animal to your life, you may be wondering what rights you have with your companion. Our guide tells you more about the federal and state-level laws that can protect your right to live with, and benefit from, your ESA.
What Is an Emotional Support Animal in Utah?
An emotional support animal, or ESA, provides their owner with relief from symptoms associated with a mental health condition or another disability through their presence. The comfort, support, and routine of caring for an ESA helps many individuals feel greater peace and ease as they go about their lives.
Unlike service dogs, an ESA does not need to have received specific training related to their owner’s disability. There are also no restrictions on an ESA’s species or breed- your ESA can be a cat, dog, snake, fish, bird, or another animal that you can reasonably and safely care for in your chosen housing.
It’s important to note that if you want your ESA to be valid, you will need a letter from a licensed mental health professional confirming that your animal is part of a treatment plan for an emotional or mental disability.
Service Animals vs. Emotional Support Animals
The Americans with Disabilities Act (ADA) offers legal protections and rights for service dogs that grant them privileges not available to pets and other types of companion animals. The ADA does not extend these rights to emotional support animals, so it’s important to be clear on the difference between service animals and ESAs.
Under the ADA, an animal can only be considered a service animal when it meets the following criteria:
- Service animals must be dogs
- Service animals can be any breed of dog and any size
- Service animals must be trained to perform a task related to the handler’s disability
There are some special exemptions for miniature horses. However, by and large, most service animals are dogs. This already makes them distinct from ESAs; although most emotional support animals are dogs or cats, they do not face any species restrictions, and they can be any type of animal.
Legally speaking, service dogs are considered necessary medical equipment, and they are subsequently afforded access to locations typically off-limits to ordinary pets, such as private businesses and restaurants. However, businesses have the right to ask a handler to remove their service animal if their dog is out of control, aggressive, or destructive.
On the other hand, emotional support animals are not required to be trained to complete disability-related tasks for their owner. They simply provide benefits by existing alongside their owner, providing them with comfort, support, and a routine. Due to this, ESAs have more limited protections, and they are not granted the same public access protections as a service animal would be.
Who Qualifies for an Emotional Support Animal in Utah?
Any individual who has a mental health condition or other disability that could benefit from the presence of an animal in their life may qualify for an ESA.
The most common conditions that ESAs are prescribed to help with include anxiety, depression, and chronic stress. Upon speaking with a licensed mental healthcare provider or a medical professional, you will receive an evaluation that helps you determine whether or not an ESA is the right choice for your treatment plan.
The Legal Rights of Emotional Support Animals in Utah
Utah upholds federal regulations when it comes to the protection of ESA rights. We discuss these laws below so you know what you can and cannot do with your emotional support animal in the state.
Housing Laws for Emotional Support Animals in Utah
Under the Fair Housing Act (FHA), landlords cannot deny housing to you based on any physical or emotional disability. This means that if you require a service animal or an emotional support animal to provide you assistance with the symptoms of your disability, a landlord cannot deny you accommodations or enforce pet restrictions that may otherwise be in place.
Under the FHA, individuals with qualified mental health conditions or disabilities are allowed to bring their ESA with them into their chosen housing unit as a reasonable accommodation. ESA owners are also not required to pay pet fees, pet rent, or additional pet security deposits. The only caveat is that if your ESA causes destruction or damage to a property, you will be liable for it.
That being said, not all landlords are required to obey the FHA. Owner-occupied buildings with less than four units are exempt, as are single-family homes rented without a broker, so long as the owner owns less than three units.
Additionally, your ESA accommodation request may be legally denied in the following circumstances:
- Your ESA is a health or safety risk to other tenants
- Your ESA is damaging the property
- You are unable to provide your ESA with proper care
Although your ESA can be any species, your landlord may also be able to prove that allowing certain species to live on their property would cause undue financial hardship and danger. For example, it is highly unlikely that a miniature horse would be accepted in an apartment complex, both for the safety of other tenants and the horse.
Air Travel Laws for Emotional Support Animals in Utah
In December 2020, the Department of Transportation (DOT) announced that it would no longer recognize emotional support animals as service animals. The new rules and regulations were outlined in the Air Carrier Access Act (ACAA), effective January 2021.
The biggest takeaway from this change is that airlines are no longer required to allow ESAs to ride in the main cabin without fees. Airlines are now permitted to treat ESAs as pets, ensuring owners adhere to all pet restrictions and regulations when traveling with their animals.
Every airline has specific breed, weight, and size restrictions. Before flying, familiarize yourself with your airline’s requirements before boarding your flight.
Airlines reserve the right to remove an ESA from the flight if they display unacceptable behaviors, such as acting aggressive or destructive, or causing a disruption on a flight.
National Park Laws for Emotional Support Animals in Utah
Utah boasts five beautiful national parks within state borders: Arches National Park, Bryce Canyon National Park, Canyonlands National Park, Capitol Reef National Park, and Zion National Park.
However, you cannot let your dog off-leash in these parks, and US National Parks have certain laws in place that determine where you can and cannot go with a service dog. In general, service dogs can accompany you into most areas in the park, and emotional support animals are treated as regular pets. You must abide by pet laws when entering national parks with your ESA.
Before traveling to a national park, check their website for park-specific rules for pets and emotional support animals.
- Pets must be kept on a six-foot leash at all times
- Pets are not permitted inside public buildings, on public transportation, at swimming beaches, or anywhere with a sign designating it as off-limits
- Pets cannot be left unattended or tied to an object
- Pets cannot make unreasonable amounts of noise and frighten wildlife
- Pet waste must be bagged and disposed of according to park rules
- Pets are absolutely not permitted to harass or kill wildlife in national parks
Many parks do not allow pets on hiking trails or severely limit which trails they are allowed on. Service dogs may be exempt from this rule, but ESAs will not be.
Public Access Laws for Emotional Support Animals in Utah
Utah upholds federal regulations put in place to protect the public access rights of service animals; these rights are granted by the ADA.
However, emotional support animals are not protected by public access rights, which means that you cannot bring your ESA with you into any private business, public space, or retail area that is not explicitly pet-friendly and pet-friendly towards your specific type of ESA.
That being said, many businesses in Utah have a flexible pet policy and welcome friendly, well-behaved animals. If you’re unsure, call ahead and ask.
You should also keep in mind that although it may be tempting to pass your ESA off as a service animal, this is illegal in Utah. The state specifically classifies this as a class C misdemeanor, punishable by up to 90 days in jail or $750 in fines.
Employment Laws for Emotional Support Animals in Utah
The ADA does not categorize ESAs as service animals, which means your place of work is not legally required to accommodate your request for your ESA to accompany you. Only service animals are allowed to accompany their owner into the workplace, as long as it is safe and reasonable to do so.
However, if you have a valid ESA letter, you may be able to negotiate an exemption for yourself. Some employers are willing to let well-behaved and well-trained ESAs into the workplace as long as it is safe and the ESA will not cause any problems throughout the day. Remember, this is not legally required, so be prepared for your employer to turn this request down.
If you think that you need an animal with you during the day, you may be better off with a service dog instead of an ESA for your workplace.
Do I Need to Identify My ESA in Utah?
Contrary to popular belief, assistance animals do not need to wear harnesses, vests, or other equipment identifying them as such. This applies to service animals, therapy animals, and emotional support animals.
Neither federal law nor Utah state law can require that your ESA is identified, and the only paperwork you need for your ESA is your valid ESA letter that allows you to request housing accommodations.
Obtaining an Emotional Support Animal Letter in Utah
Obtaining an emotional support animal letter in Utah doesn’t need to be confusing or overwhelming. In fact, this process can be fairly straightforward – you make an appointment with a licensed mental healthcare provider in Utah, discuss your needs, and are either approved or denied.
You can make your appointment either online or in person, and you may want to go through any health insurance to find a provider in your network.
While some states require that you have a 30-day relationship with your provider before you are eligible to receive an ESA letter, Utah is not one of these states. This means that you may be able to receive your letter after your first appointment, though keep in mind that your provider may need to see you a few times before making a decision on your eligibility for an ESA.
What Are the Requirements for an ESA Letter in Utah?
Any ESA letter you receive in Utah must have the following requirements:
- The letter must be written by a licensed mental health professional in Utah
- The letter outlines your verified need for an ESA
- The letter describes the necessity of your ESA as part of your treatment plan
- The letter is written on an official letterhead from your provider
- The letter is signed and includes the details of your provider, including any specific licensing numbers
An ESA letter can be delivered electronically or by mail, and you can use it to request housing accommodations for your ESA as soon as you receive it.
If you don’t have contact with a mental health professional in Utah, we can set you up with a risk-free consultation – just fill out our consultation form here.
Securing Your Emotional Support Animal in Utah
Emotional support animals are a recognized part of legitimate mental health treatment. Often prescribed as part of cognitive behavioral therapy or acceptance and commitment therapy treatment plans, ESAs are a crucial part in the treatment of mental health conditions and the relief from symptoms of a mental health condition or another disability.
While securing an ESA letter and understanding your legal rights may seem like a lengthy undertaking, it doesn’t need to be. Make sure to closely review our guide before obtaining your ESA so you can have the best, most stress-free experience with your ESA possible.