Emotional support animals (ESAs) provide relief to those who suffer from mental health conditions and disabilities. Their presence provides comfort and eases loneliness, and caring for an animal can help people maintain a routine, reducing the overall effect of negative feelings.
Emotional support animals can make a significant difference in people’s lives, which is why they have certain rights that are protected by state and federal laws. In our article, we will discuss how Wisconsin’s laws affect ESAs and their owners.
What Is an Emotional Support Animal in Wisconsin?
An emotional support animal is an animal that provides comfort to those with certain mental health conditions or psychiatric disabilities such as anxiety, depression, PTSD, stress disorders, and more. Through companionship, they provide relief to the symptoms patients experience.
Because emotional support animals require care, they can help people establish and maintain a routine; if an individual chooses a dog as their ESA, they are likely to get more exercise and socialize with other dog owners outside, further reducing negative symptoms. All in all, emotional support animals play an important role in the lives of many who struggle with their mental health.
Emotional Support Animals Versus Service Animals
Though umbrella terms like “assistance animal” and “support animal” apply to both ESAs and service animals, these two animal companions are not the same and do not enjoy the same legal privileges. It’s important to understand the distinction between service animals and emotional support animals.
Perhaps the biggest distinction between the two types of assistance animals is that emotional support animals can be any animal, including snakes, birds, fish, and hamsters, and they do not require any training. On the other hand, service animals are dogs who have undergone intense training to ensure they can complete disability-related tasks for their owners.
Service animals enjoy more wide-reaching public privileges and access rights thanks to the Americans with Disabilities Act (ADA). They can go to any place the general public is allowed to go, and, unfortunately, ESAs do not share this privilege.
Wisconsin Emotional Support Animal Laws to Know
If you’re thinking about adding an emotional support animal to your life, it’s important to be aware of Wisonsin’s laws surrounding ESAs. Wisconsin upholds laws at a federal level that provide protections for emotional support animals and service animals, and these laws govern your specific ESA rights.
ESA Public Access Laws in Wisconsin
Unlike service animals, emotional support animals are not granted wide-reaching public access rights by the ADA. This means that you are not allowed to take your ESA to restaurants or businesses with you unless they specifically state they are pet-friendly.
If you struggle without your ESA when you are in public, consider calling businesses ahead of time and asking what their pet policy is. There are a surprising number of businesses that do allow pets in stores, even if they don’t broadcast it. Furthermore, some store managers may be more accommodating than others.
You might also consider getting a psychiatric service dog instead of an ESA to ensure you have the support you need when in public.
ESA Travel Laws in Wisconsin
In the past, the Air Carrier Access Act (ACAA) allowed emotional support animals to travel in airplane cabins with their owners. However, this privilege has since been revoked. As of 2020, airlines have every right to treat emotional support animals as pets, removing their privileges of riding with their owner in airplane cabins for free. Service animals still have these rights, however.
Some airlines do allow you to bring pets in the airline cabin with you, as long as your ESA is small enough to fit inside a carrier that can be stowed underneath the seat. If your ESA is too big, then unfortunately, they will not be able to travel with you in the cabin. Larger animals are usually transported as baggage or cargo.
Similarly, Wisconsin does not have any laws that allow ESAs to travel with you on public transportation. If you’re looking to take a train or bus, you should contact the company to see if accommodations could be made for your ESA.
ESA Housing Laws in Wisconsin
Both state law and the federal Fair Housing Act (FHA) protect an individual’s right to live in rentals with their emotional support animal or service animal. It is considered discrimination for a property owner to refuse rental to an individual with a disability or mental health condition due to their need for an emotional support animal.
Not only that, but property owners cannot charge any extra fees such as pet rent or pet deposits. Even if a rental does not typically allow pets, an exception must be made for ESAs. Furthermore, breed or size restrictions do not apply to emotional support animals.
However, for someone to live with their ESA, they will need to provide the landlord with proof that their ESA is valid. This will be done via through an ESA letter from a licensed mental health professional in the state of Wisconsin.
ESA Workplace Laws in Wisconsin
Unfortunately, Wisconsin does not have any state laws that allow people to bring their ESAs to work; only service animals are allowed to accompany their owners into the workplace. Whether or not an ESA can accompany their owner to their workplace will be entirely up to the discretion of the employer.
The chances of an employer agreeing to allow an ESA on the premises are higher if the animal is not a distraction and is well-behaved, and if the workplace does not present a safety hazard to the animal.
Of course, businesses that see a lot of clientele may be less likely to allow animals due to the possibility of allergies. Similarly, businesses that deal with food, medicine, or health-related services would not be able to accommodate an ESA due to hygiene concerns.
What Animals Make the Best ESAs in Wisconsin?
Some animals are far better suited to acting as ESAs than others, though any animal companion you find comfort and can reasonably care for with accommodations is valid to be your ESA. If you don’t have a particular animal you’re fond of that you would like to have as an ESA, then there are some things you could consider before choosing one.
You’ll want to consider how expensive an animal is to keep, how loud an animal may be, how much care an animal requires, your chosen animal’s average lifespan, and basic care requirements for your animal. It’s important to make sure that your chosen ESA fits within your chosen housing.
For example, if you have the space for a horse as an ESA, this may be a valid choice, but if you’re living in an apartment, a horse is probably off the list.
In general, some of the best choices for emotional support animals include dogs, cats, rabbits, ferrets, and even gerbils. However, you can also opt for a less traditional ESA, such as a snake or lizard, provided you can properly care for it in your chosen housing space.
How Do I Get a Valid ESA in Wisconsin?
If you want to request housing accommodations for your ESA in Wisconsin, you will need proof of your need for an ESA. This comes in the form of a valid ESA letter written by a mental healthcare professional licensed in Wisconsin.
The only documentation you need for your ESA is this valid letter, and this letter must be written for you by your provider – letters printed off the internet, templated letters, or ones you write yourself are not valid.
In order to obtain your valid ESA letter, set up an in-person or telehealth appointment with your chosen mental healthcare provider. Your provider will listen to your concerns and symptoms, giving you an evaluation and a diagnosis if necessary. You can communicate your desire for an ESA, and they will help you determine if this is the right choice for your treatment plan.
If you do not have a mental healthcare provider in Wisconsin, we can connect you with one. Just fill out our ESA consultation form, and we’ll put you in touch with a Wisconsin-licensed mental health professional who can assess whether you qualify for an ESA.
If you are approved for an ESA, your provider will write you a letter stating your need and including the details of your ESA. You can then show that letter to a landlord or property manager when requesting accommodations to live with your ESA.
Will My ESA Letter Expire?
Your Wisconsin ESA letter can expire, and this typically occurs one to two years after your provider writes you the letter. You will need to keep the expiration date of your letter in mind and take the time to renew your letter every so often to ensure your ESA stays valid and your housing accommodation requests are honored. Regular appointments with your provider as needed can help you keep your ESA needs up to date.
Can a Landlord Deny My ESA Accommodations in Wisconsin?
Occasionally, it is possible for a landlord to refuse to accommodate an emotional support animal in certain situations. Such situations are as follows:
- The person is unable to provide proof of their need for an ESA (a valid Wisconsin ESA letter)
- Accommodating the animal would result in a financial and administrative burden for the landlord
- Accommodating the animal would fundamentally alter the nature of the services offered by the housing provider
- The animal would pose a direct threat to the health or safety of other tenants, and there is no viable way to eliminate or reduce such a threat
- Accommodating the animal would result in significant physical damage to the property of others
As long as you choose an ESA that would be easy to keep in an apartment or house, it would be unlikely that a landlord could refuse you. Animals that are domesticated to be kept as pets are good choices for ESAs if you plan to live in a rental.
Understanding ESA Laws in Wisconsin
If you’re interested in getting an ESA in Wisconsin, it’s important to know what laws will affect you and your ESA. Wisconsin’s laws uphold federal laws, protecting the right of individuals to live in housing with their emotional support animal, regardless of pet or breed restrictions.
If you are considering adding an emotional support animal to your treatment plan in the state, make sure that you speak with your Wisconsin mental healthcare provider as soon as possible to get this process started.