By providing companionship to their owners, emotional support animals (ESA) can alleviate the symptoms of anxiety, depression, or other mental health conditions as part of an ongoing treatment plan. Due to the benefits ESAs bring, certain legal protections and rights are in place to protect the rights of an individual to keep their ESA by their side.
If you are interested in adding an emotional support animal to your treatment plan in Arizona, it’s important that you understand your ESA rights and that you know how to get a valid support animal in the state. Our guide gives you an overview of everything you need to know about emotional support animal laws in Arizona.
What Is an Emotional Support Animal in Arizona?
An emotional support animal is a companion animal that provides its owner with routine, comfort, and support. For many, the responsibility of caring for your ESA can provide structure and motivation, in addition to giving you the opportunity to go outside, exercise, and socialize.
Emotional support animals can be any type of animal, such as a rabbit, fish, or snake, but most people choose cats and dogs due to their accessibility and relatively straightforward care needs. When you have an ESA, you will only need to make sure that you can properly care for your animal and that your mental healthcare provider or doctor can attest to your need for an ESA.
What Is the Difference Between Service Animals and ESAs?
Service animals and emotional support animals can often be confused for the same thing, but these two types of companion animals have different responsibilities and legal protections.
Service animals are trained to help directly with a person’s disability; they perform disability-related tasks such as guiding their owners, retrieving medication, and opening or closing doors for their owners. As a result, service dogs are typically seen as necessary medical equipment, and they are granted wide-reaching public access rights by the federal Americans with Disabilities Act (ADA).
On the other hand, emotional support animals do not need to be trained, and they can be any animal. ESAs provide benefits to their owners with their presence, giving their owners love, comfort, support, and companionship to mitigate the intensity of negative feelings or symptoms associated with mental health conditions or other disabilities. Due to this, ESAs have limited legal protections, but they do have housing protections under federal law and Arizona state law.
Emotional Support Animal Laws to Know in Arizona
If you are interested in adding an ESA to your life, it’s important that you understand the federal and state-level laws that will apply to you. We discuss more about emotional support animal laws in Arizona below.
Emotional Support Animal Housing Laws in Arizona
The federal Fair Housing Act (FHA) prevents landlords from discriminating against tenants for multiple reasons, including disabilities. Arizona state law also upholds the discrimination protections stated in this regulation.
Emotional support animals are considered a legitimate treatment for psychiatric disabilities, which means landlords cannot deny or restrict housing due to their presence. Instead, they must provide reasonable accommodations, which can vary based on size, species, and other considerations.
Your landlord can ask you to provide a valid ESA letter if you wish to utilize your protected accomodations for living with your ESA. These accommodations grant you the right to live with your ESA in any area of housing, regardless of pet restrictions and breed restrictions. You are also not required to pay for pet fees, pet rent, or additional pet security deposits when you have an ESA.
That being said, a landlord cannot ask for any of the following when determining if your ESA is approved or denied:
- Training certifications or registrations
- Demonstrations of your ESAs benefits
- Harnesses or clothing that identifies your dog as an ESA
You should keep in mind that if your ESA is destructive, aggressive, or dangerous to others within your chosen housing complex, your landlord can legally deny your accommodations. You could face fines or be requested that your animal no longer lives with you. If your ESA causes any damage or property destruction, you will be liable for it.
Exceptions to the Fair Housing Act in Arizona
While the Fair Housing Act protects a lot, there are some exceptions to this regulation. The FHA
does not apply to owner-occupied buildings with less than four units. It also doesn’t apply to private owners of single-family housing rented without the use of a broker, so long as they own less than three houses in total.
Landlords can also remove ESAs in certain circumstances, though these circumstances are rare. ESAs and tenants may be eligible for removal in the following situations:
- If the tenant is unable to maintain their home and animals in a sanitary fashion, leading to health hazards and danger for other tenants
- If the ESA poses a danger to other tenants
- If the tenant is unable to care for their ESA or is neglecting them
Emotional Support Animal Travel Laws in Arizona
Previously, emotional support animals were protected under the Air Carrier Access Act and allowed the same benefits as service animals when traveling in airplanes. However, in 2020, the US Department of Transportation (DOT) amended the Air Carrier Access Act to allow airlines to classify ESAs as pets.
Each airline now has the ability to decide on a case-by-case basis if an ESA can be classified as a pet or be treated as a service animal. Additionally, Delta, American Airlines, United, JetBlue, and other airlines have announced that people traveling with ESAs must pay a pet fee.
If you’re not sure about your airline’s policy, check their website or call their customer service department to get the most recent, up-to-date information.
In general, small dogs can fly in the plane cabin if they fit in a carrier stowed underneath the seat in front of you. Some breeds are not allowed to fly due to health concerns, and if your ESA is a non-traditional animal like a bird or reptile, they may not be allowed transit in the airplane cabin.
Airlines also tend to limit the number of pets that can fly at the same time, so make sure that you book tickets early and complete all required pre-departure steps.
Emotional Support Animals and Public Transportation in Arizona
Cabs, buses, and other modes of public transportation in Arizona have the right to refuse access to emotional support animals, as ESAs are not protected by the ADA when it comes to public access rights.
However, you can try to request accommodations in advance for well-behaved and well-mannered emotional support animals; some public transportation professionals in Arizona may be willing to let you travel with your ESA.
Emotional Support Animal Public Access Laws in Arizona
While service dogs can accompany their handlers pretty much anywhere they go, emotional support animals must obey the laws and regulations that apply to pets in Arizona. That being said, you may be able to take your ESA to pet-friendly spaces like parks and restaurant patios.
Generally, only traditional ESAs like dogs and sometimes cats will be allowed in pet-friendly spaces.
If you are concerned about accessing a public space with your ESA or need clarification about whether or not your ESA is allowed in a space with you, contact the business, restaurant, or retail space ahead of time to ask about your rights.
Emotional Support Animal Workplace Laws in Arizona
Emotional support animals are not covered under the ADA’s workplace protection laws like service animals are. Instead, ESAs are only granted access to the workplace with you on a case-by-case basis; some employers may permit you to take your emotional support animal to work depending on your needs, where you work, and the type of animal your ESA is.
Always check with your employer and HR before bringing your ESA to work.
Obtaining an ESA Letter in Arizona
Obtaining an ESA letter in Arizona is key to taking advantage of the housing protections you need to live with your ESA without stress. Only a licensed mental healthcare provider or a medical professional in Arizona can evaluate your condition and prescribe your ESA.
Upon requesting a meeting with your provider, they will ask about your condition and how you think an ESA might benefit you. You will discuss the overall benefits an ESA might have for you specifically, in addition to talking about how you can properly care for your chosen ESA.
If you aren’t in touch with a licensed mental healthcare professional in Arizona, you can head over to our consultation request form. From there, we’ll be able to connect you with a mental healthcare professional licensed in Arizona.
Once your provider approves the addition of an emotional support animal to your treatment plan, they will write you an ESA letter.
After you have your signed ESA letter, you can present it to any landlord or rental agency as part of your ESA accommodations request.
Keep in mind that you are only required by state and federal law to present this letter showing your need for ESA accommodations. Additional paperwork, registrations, and demonstrations of your ESA’s benefits are not legally required or necessary.
Will My ESA Letter Expire in Arizona?
ESA letters do have expiration dates, and you can expect your ESA letter to expire one to two years after your provider writes it for you. It’s important to keep any potential expiration date for your ESA letter in mind, as you will need to visit your provider and receive a new, updated letter to keep your emotional support animal valid.
If you move states, make sure you keep your ESA letter updated and adhere to the state laws wherever you move.
Your Arizona Emotional Support Animal Rights
Emotional support animals are wonderful companions that can help their owners deal with negative emotions, stress, and symptoms related to certain mental health conditions or disabilities. With the addition of an ESA to your treatment plan, you may find extra comfort, support, and a sense of routine, leading you to go about your day with greater peace.
If you think an ESA would be a great addition to your life, make sure to understand your emotional support animal rights in Arizona and speak to your therapist or another mental healthcare provider for details on your next steps.