Emotional support animals are essential companions for many in Hawaii – these animals are more than pets, and they help their owners cope with symptoms of mental health conditions in their day-to-day lives. Because of their necessity, ESAs are protected by both federal laws and certain state laws in Hawaii.
Our article will cover everything you need to know about Hawaii ESA laws while providing a general overview of emotional support animals, how they differ from service animals, and how to get an ESA letter in Hawaii.
What Is an Emotional Support Animal in Hawaii?
An emotional support animal (ESA) is a pet that comforts their handler through companionship. An ESA can be any pet you may legally own in Hawaii, and while many individuals choose dogs and cats, you could potentially adopt animals like birds, rabbits, snakes, and fish as ESAs.
Your emotional support animal is not expected to be trained, and they are not typically granted the same access rights and protections as service animals. However, ESAs provide their benefits to owners with their presence, and there are protections in place to ensure you can always live with your ESA.
Keep in mind that you will need a valid ESA letter to ensure that your companion animal is valid and you can access these protections. Only a mental healthcare professional licensed in Hawaii can provide you with this letter.
ESAs Versus Service Animals – What’s the Difference?
Emotional support animals and service animals are both types of companion animals, but they perform vastly different tasks for their owners in Hawaii. Because of this, these animals are granted different protections in the state.
Emotional support animals simply provide comfort, symptom relief, routine, and support through their presence alone, while service animals accomplish tasks to help their handler with challenges presented by a disability.
For example, psychiatric service animals can recognize the onset of an anxiety attack and provide deep pressure therapy or create distractions for their owner. Service dogs may also perform tasks such as guiding the visually impaired and providing medical alerts for owners.
Another major difference between ESAs and service animals is the fact that emotional support animals can be any animal legally owned in Hawaii, but service animals must be dogs (or sometimes miniature horses) trained to perform disability-related tasks for their owner
Since service animals perform tasks crucial to the well-being of their handlers, federal law grants them public access rights. A service animal can enter any space where its handler is allowed, including places where pets are generally prohibited, such as government buildings, restaurants, and shops. However, ESAs do not have these same rights, as they are not trained to perform disability-related tasks.
Your Overview of Hawaii Emotional Support Animal Laws
Hawaii state law upholds regulations put in place by federal laws that protect the rights of emotional support animals. Most notably, Hawaii upholds the federal Fair Housing Act (FHA), which protects the housing rights of emotional support animals.
Below, we give you an overview of Hawaii’s emotional support animal laws covering housing, air travel, workplace access laws, and public access laws.
Hawaii Emotional Support Animal Housing Laws
The Fair Housing Act states that individuals with a mental health condition or another disability who have a valid ESA letter from their mental health professional can request reasonable accommodation for their emotional support animals.
Even if the housing provider has a no-pet policy in the rental agreement, they can’t deny the request of an individual to live with their ESA.
Additionally, breed restrictions do not apply to ESAs, and landlords cannot charge ESA owners pet rent, pet fees, or extra pet security deposits. As long as your emotional support animal accommodation request is reasonable, meaning you can properly care for and live with your ESA in your chosen housing, your ESA must be approved.
That being said, it’s important to note that there are limits to the housing rights of emotional support animals. The housing provider has the right to deny accommodation if the presence of the ESA causes undue hardship, such as being too large for the property or causing disturbance due to excessive noise.
For example, the housing provider can deny accommodation to a miniature horse when the owner intends to live in a studio apartment. Furthermore, if an ESA causes a health or safety risk, or if they are aggressive, destructive, or dangerous, they may also be legally denied.
What About Hawaii University Housing ESA Laws?
Those wishing to live with their emotional support animal in a dorm must submit relevant documents, such as an ESA letter, to the university and get official accommodation first. If your ESA does not present a significant danger or health risk, your request will likely be granted for on-campus housing.
Hawaii ESA Laws for Public Access
Unlike service animals, emotional support animals do not have public access rights protected by the Americans with Disabilities Act (ADA).
Under this federal regulation, only service animals may accompany their owners into businesses, private spaces, and public spaces with limited exceptions. For example, some religious organizations and certain areas, like operating rooms in hospitals, are off-limits to service animals.
Your emotional support animal in Hawaii can only accompany you into areas that are pet-friendly or open to accepting pets. In general, if your ESA is a dog or a cat, you can bring them into pet-friendly stores, such as a pet store, or along to an animal-friendly restaurant patio.
However, non-traditional ESAs may have a much harder time accompanying their owner outside, as most public and private spaces are not accommodating for ESAs like snakes, birds, and rabbits.
Additionally, you should note that public access protections can apply to the workplace. Service animals can always accompany their owner into the workplace, barring any significant health or safety risks, while ESAs are not permitted in the workplace.
You can try and speak to your employer about potential accommodations, such as bringing your ESA to work or working from home, but they are not legally required to honor these requests.
Hawaii ESA Laws for Air Travel
Federal regulations for air travel only permit service animals in the passenger cabin, and only service animals are exempt from pet fees and restrictions on airplanes. Previously, the Air Carrier Access Act (ACAA) gave these protections to ESAs as well, but updates in 2020 changed this Act to exclude emotional support animals.
Now, emotional support animals are subject to the same rules as any other pet, subject to an airline’s discretion; some airlines allow ESAs to be treated like service animals, but you will need to speak to the airline about their policies before booking a ticket.
Most airlines let pets fly in the cabin with their owners if they can be transported in a suitable carrier.
Note that each airline may have varying pet policies on the carrier dimensions, weight, and type for pets flying in the passenger cabin and baggage compartment. Always check with an airline before attempting to bring your ESA onto a flight with you.
How to Get an ESA Letter in Hawaii
The process of getting an emotional support animal letter in Hawaii doesn’t need to be confusing. Only a licensed mental health professional in Hawaii, such as a therapist or psychiatrist, can write a valid ESA letter, which means your first step to obtaining an ESA letter is to make an appointment for an in-person session or a telehealth session.
If you already regularly see a LMHP, you just need to wait until your next session to bring up an ESA letter. If you’re not connected with an LMHP in Hawaii, you can fill out our ESA consultation form. We’ll put you in touch with a Hawaii-licensed professional who can do your evaluation.
During your appointment, you will speak with your LMHP to determine if an ESA is appropriate for your treatment plan. If you have a pet and notice feeling comforted by their presence, it’s a good idea to bring this up during your session.
Those without a pet can bring up the benefits of emotional support animals and ask their LMHP to consider it as an option for their treatment plan. It’s important to be honest about your symptoms and life experiences to help your LMHP make the right decision, and you should note that it may take more than one appointment to approve or deny your ESA request.
If you are approved for an ESA, your provider will write you an ESA letter. You can then transition your current pet into an emotional support animal or adopt a pet. Make sure when choosing an ESA that you consider their care needs and how well they fit into your life, as this will help you find the best ESA for your needs.
FAQs About Emotional Support Animals in Hawaii
It’s common for emotional support animals in Hawaii to leave you with a few lingering questions. We give you answers to the most frequently asked questions below to help clear up your concerns.
Can I Use Another State’s ESA Letter in Hawaii?
You may be able use an ESA letter issued in another state within Hawaii until it expires, though in order for it to be considered valid, it needs to be written by a healthcare professional licensed in your state of residence.
If you moved to Hawaii, you will definitely need to consult a Hawaii-licensed mental healthcare professional to renew your letter to ensure your ESA rights stay protected.
What if I’m Denied Housing in Hawaii Because of My ESA?
If you’ve been a victim of discrimination in housing because of your emotional support animal, you can file a complaint through fairhousinghawaii.org or contact the Department of Housing and Urban Development to learn about your legal options.
Do I Have to Pay a Pet Deposit for an ESA in Hawaii?
Emotional support animals aren’t considered pets under the Fair Housing Act. Therefore, housing providers cannot charge those with a valid ESA letter pet fees or deposits. It is unlawful for landlords to ask extra charges for emotional support animals, but you may be liable for damages if your ESA is destructive to a property.
Do I Need to Renew My ESA Letter in Hawaii?
You will likely need to renew your ESA letter in Hawaii if you are in the state long enough for your letter to expire (this usually occurs one to two years after you receive your letter) or if you have a letter from another state that is expiring and you need it renewed by an LMHP in Hawaii.
In both cases, make an appointment with your mental healthcare provider in Hawaii to discuss your ongoing needs and ensure your ESA protections stay valid.
Understanding Hawaii Emotional Support Animal Laws
Hawaii ESA laws adhere to federal regulations that surround emotional support animal protections, the most notable of which is the federal Fair Housing Act. It’s essential that you keep these laws and your ESA rights in mind when thinking about adding an ESA to your treatment plan.
If you think that you would benefit from an ESA, or you want to transition your current pet into an emotional support animal, make an appointment with your Hawaii mental healthcare provider as soon as possible to learn about your options.