You may not know it, but emotional support animals (ESAs) aren’t the same as pets. These companion animals are recommended by mental health professionals to individuals with certain mental health conditions, and they benefit their owners by providing companionship to alleviate their symptoms.
Knowing how important these assistance animals are for those with a mental health condition or disability, federal law, and New Mexico state law, grants them certain protections.
Our article will guide you through all of the New Mexico emotional support animal laws you need to know, including ESA laws for housing, air travel, and public access.
What Is an Emotional Support Animal in New Mexico?
It’s important to know what an emotional support animal is before you learn more about the rights of your ESA.
An emotional support animal is a type of assistance animal, and these animals provide comfort to owners with qualifying mental health conditions or disabilities. Common conditions that ESAs are prescribed to treat include depression, anxiety, and chronic stress disorders.
All that said, emotional support animals are not pets. If you wish to add an ESA to your life, it requires getting an ESA letter written by a licensed mental health professional (LMHP) in New Mexico. This document essentially works the same as a prescription, stating the individual’s need for their ESA; it can be used as proof when an individual asks for accommodations for their ESA.
Emotional support animals don’t require any training by law and can be any pet you may legally own in New Mexico. Dogs and cats are the most common ESAs, but birds, hamsters, Guinea pigs, ferrets, and even certain reptiles can be emotional support animals.
Differences Between ESAs and Service Animals
Emotional support animals and service animals are usually mentioned in the same context, as both are assistance animals. However, they are not the same, and key differences in access rights and daily tasks set these two companion animals apart.
One of the biggest differences between these animals is that ESAs can be any pet legally owned in New Mexico. This, however, doesn’t apply to service animals. The Americans with Disabilities Act (ADA) only recognizes dogs (and miniature horses in some cases) as service animals.
Another difference is that service animals must be trained to assist their handler by performing tasks for their disability. A few common examples include reminding the handler to take medication, applying pressure during a panic attack, and keeping the handler away from triggers.
With emotional support animals, there aren’t any training requirements. ESAs simply exist and comfort their owner through the companionship and support they provide.
Furthermore, service animals perform tasks for their handlers constantly, and they are essential for their handler. To ensure they can assist their handler with a disability, service animals have wide-reaching public access rights granted by the ADA.
The same, unfortunately, cannot be said for emotional support animals. While service animals are exempt from no-pet policies in places like restaurants and government buildings, ESAs aren’t. Public and private spaces aren’t required to permit emotional support animals as they do for service animals.
An Overview of New Mexico Emotional Support Animal Laws
Although ESAs don’t have the same protected rights as service animals, federal law and state law protect them in other ways.
We give you an overview of the most important laws for you to know when you have an ESA. Keep in mind that while New Mexico does not provide additional regulations for ESAs, the state upholds all federal protections for emotional support animals.
Emotional Support Animal Public Access Laws in New Mexico
When it comes to public access, emotional support animals do not have the same rights as service animals. As we mentioned above, only service animals can accompany their owners into businesses, private spaces, and public spaces (with the exceptions of some religious organizations) without restrictions.
Your emotional support animal in New Mexico can only accompany you into public spaces that are pet-friendly, such as a pet store or a restaurant patio. Your ESA is also not allowed on public transportation in New Mexico unless the transportation vehicle makes special exceptions for pets and ESAs.
Keep in mind that if your ESA is a non-traditional animal, such as a bird or snake, it might be harder to bring them along with you when you are outside of the home. Always call ahead to specific businesses and other spaces you wish to visit to see if your ESA is allowed as an exception to pet restrictions.
Emotional Support Animal Housing Laws in New Mexico
Emotional support animals aren’t subject to the same restrictions as pets for housing, as Individuals with certain mental health conditions or disabilities require their emotional support animals to cope with their symptoms.
Landlords in New Mexico cannot deny housing to an individual with an ESA simply because they don’t want pets on the property. Doing so would be denying housing to an individual because of their disability, which is a clear violation of the Fair Housing Act (FHA).
Even if your lease has a no-pet clause, your landlord cannot deny your emotional support animal, and breed restrictions will not apply to your ESA.
Additionally, housing providers cannot ask tenants for a pet fee, deposit, or rent for their ESAs. Keep in mind that if your ESA causes damage, you are liable for any damages or destruction to a landlord’s property.
You must have a valid ESA letter written by a mental healthcare professional licensed in New Mexico to access these protections, and your housing request must be reasonable. This means that you cannot bring an ESA into a housing unit where you cannot care for them properly, such as a miniature horse in a studio apartment.
Emotional Support Animal Air Travel Laws in New Mexico
In the past (before 2021), airlines were required to permit emotional support animals in the passenger cabin with their owners, treating them like service animals. With a valid ESA letter from your doctor, you could take your emotional support animal to fly with you in most cases without paying pet fees or adhering to pet travel restrictions
However, updates to the federal Air Carrier Access Act (ACAA) changed the rules for air travel with emotional support animals. The law now only requires airlines to allow service animals in the passenger cabin and prevents animal fees only for service animals. If you want to fly with an emotional support animal from or to New Mexico, you must comply with the airline’s pet policy.
In general, you can fly with your ESA in the airline cabin if they can be transported inside a pet carrier. There’s typically a limit on the carrier’s dimensions, though some airlines also have weight limitations. If your ESA can comfortably fit inside the airline-approved carrier, where they can stand up and turn around, you are typically allowed to bring them aboard.
Keep in mind that most airlines only allow small dogs and cats in the cabin, meaning that non-traditional ESAs might not be allowed to travel with you at your seat.
It’s always best to check the airline’s pet policy before booking a ticket in order to understand rules, restrictions, and requirements for traveling with your ESA.
How to Get an ESA Letter in New Mexico
To get an emotional support animal letter in New Mexico, you must contact a mental health professional licensed in the state. Only LMHPs can write an ESA letter, and simply wanting an ESA isn’t a valid reason for most health professionals.
You must attend evaluation sessions, and just like any medicine or treatment plan, your LMHP will listen to your symptoms before deciding if you’d benefit from an ESA. If you have a pet and feel comforted by their presence, it will give your provider a good reason to write an ESA letter, but above all, you need to have a qualifying mental health condition like depression or anxiety.
Your mental health professional will need to ensure that an ESA will aid in alleviating your symptoms, not add to your condition. This may take a few sessions or possibly longer, and you may receive a diagnosis during this time if you do not already have one. Once approved for an emotional support animal, you will get your ESA letter within a few days to a week or two.
When writing your ESA letter, your mental healthcare provider may ask questions about your ESA, such as their type, breed, and other details, to complete the letter. You can use your official ESA letter to request reasonable accommodation when and where needed.
FAQs About ESA Laws in New Mexico
Emotional support animal laws can be confusing, and you may have some lingering worries about adding a support animal to your treatment plan. Below, we answer your most frequently asked questions about ESA laws in New Mexico so you can put your worries to rest.
Can I Use an ESA Letter Written in New Mexico if I Relocate to Another State?
It may be possible to use an ESA letter written by a New Mexico mental healthcare provider temporarily when relocating, but a landlord does not have to accept an ESA letter written from out of state. Legally, for an ESA letter to be valid, it needs to be written by an LMHP who is licensed in your state of residence.
If you’re relocating and are stressed about the idea of searching for an LMHP, we can help. When you fill out our ESA consultation form, we can put you in touch with a LMHP who is licensed in your destination state so you can continue to have a valid ESA letter.
Do I Have to Tell My Landlord if I Have an ESA?
You must inform your landlord that you’re living with an emotional support animal, and your landlord has the right to request proof via your valid emotional support animal letter. We recommend informing your landlord during the signing of the lease, so your ESA’s details can be included in the lease as necessary.
Can a Therapist Refuse to Write an ESA Letter in New Mexico?
Therapists and other mental health professionals aren’t required to write an ESA letter simply because an individual wants it.
Emotional support animals are there to help an individual cope with the symptoms of their mental health condition or disability. This means that if a provider determines that you are not in need of an ESA, or that your condition prevents you from caring for an ESA properly, they may refuse to approve you for one.
Can I Bring My ESA to Work in New Mexico?
Unlike New York and California, employers in New Mexico aren’t required by law to make accommodations for an emotional support animal in the workplace.
It is ultimately up to the employer if they permit employees to bring their emotional support animals to work, and you may be able to request accommodations depending on the nature of your workplace and your ESA.
Can My ESA Housing Accommodations Be Denied?
Your ESA housing accommodations may be denied, though there are only a few legal circumstances in which a landlord may issue a denial.
In general, if your emotional support animal is aggressive, dangerous, or destructive, they may not be able to live with you; if your ESA is presenting a health risk or safety hazard to others, there is a good chance they will be denied.
Additionally, if your ESA housing request is not reasonable, such as living with an exotic animal in an apartment or trying to bring several large dogs into a tiny studio apartment, your landlord may deny your accommodations request.
Always make sure your ESA housing accommodations requests are reasonable, and your ESA is well-behaved and suitable for your housing choice, to reduce your chances of denial.
Keeping New Mexico Emotional Support Animal Laws in Mind
New Mexico’s emotional support animal laws can be difficult to navigate at first, though it’s important to understand both state and federal regulations if you are interested in adding an ESA to your treatment plan.
In general, your ESA will have housing rights, but they will not be allowed to access public spaces with you unless these spaces are pet-friendly.
If you want to learn more about adding an ESA to your treatment plan, make an appointment with your New Mexico mental healthcare provider to learn if an emotional support animal is the right option for your needs.