We all love our pet furry friends because they bring joy and companionship into our lives, filling our days with warmth and laughter. When you’re struggling with mental health issues, having a pet who’s always there for you can make a huge difference. Their adorable antics have a way of brightening the dullest of days.
While emotional support animals (ESAs) don’t enjoy as much freedom as service animals, they are granted certain legal protections under laws like the federal Fair Housing Act.
In this article, we are going to talk about Michigan’s ESA laws. We’ll also give you detailed information about ESAs in general, including the process of obtaining an ESA letter and your responsibilities as an ESA owner.
What Is an Emotional Support Animal in Michigan?
The primary purpose of an ESA is to help their owner by providing them emotional relief through routine, love, and cuddles.
Some would argue that most pets already do that, but an ESA holds a distinct legal designation, which gives them specific rights and accommodations.
For example, you can’t move a normal pet into an apartment that has a no-pet policy, but it’s entirely legal for an ESA, as long as you have a valid ESA letter written by a licensed mental healthcare professional in Michigan.
Benefits & Privileges of an ESA Letter in Michigan
ESA letters act like special permits for your companion animal. The most notable privilege of having an ESA letter is when it comes to housing.
Landlords cannot refuse an ESA with a legitimate letter, even if there is a no-pets policy in place or housing breed and weight restrictions. If you own an ESA and are looking for a place to rent, the landlord has to provide ‘reasonable accommodations’ for your animal, regardless of their size or breed.
Additionally, you cannot be charged pet rent or other pet-related fees by your landlord or property manager for having an ESA. Under the Fair Housing Act, ESAs are always exempt from these charges as they’re not pets; they’re assistance animals.
Getting an ESA Letter in Michigan
You can get an ESA letter from a licensed mental healthcare provider. We recommend you contact a local therapist or counselor to tell them about your situation. Be honest about what you’re going through and how it affects your daily life; let them know you feel much better when your pet is with you.
If you don’t already have a mental healthcare provider, we can help. Just fill out our ESA consultation form, and a mental health professional licensed in the state of Michigan will reach out to you for an evaluation.
Whether you work with us or your own mental health professional, your provider will evaluate your situation and will provide a diagnosis if necessary. In order to get a legitimate ESA letter, you need to have a qualifying mental health condition like depression, anxiety, or PTSD.
If your mental health professional determines that an ESA will help mitigate your symptoms, they will write you an ESA letter.
Keep in mind that each mental healthcare practitioner is different and may have their own policies when it comes to writing an ESA letter. Some may want to work with you for a few sessions before writing it, and some will have no problem writing this letter after your first appointment.
Just be sure that the mental healthcare provider is licensed in Michigan, as this is part of what makes an ESA letter valid and legitimate.
Can My ESA Be Any Animal?
The most common ESAs are either cats or dogs. However, it’s also possible for your ESA to be any other legally owned species, such as rabbits, ferrets, snakes, and even miniature horses Your ESA choice depends on your needs and the type of animal that suits your lifestyle best.
Your Responsibilities as an ESA Owner in Michigan
Being an ESA owner comes with a lot of responsibilities. You are responsible for being able to properly provide and care for your animal mentally, financially, and physically. This is something that your provider will evaluate when determining your suitability for an ESA.
Most importantly, you are responsible for understanding your ESA rights and what you can and cannot do with an ESA in your care. In general, ESAs have fewer protections than service animals, but state laws in Michigan uphold federal regulations giving ESA protections.
Difference Between Service Animals and ESAs
Service animals and emotional support animals both support their owner, but they’re not quite the same. To start with, service animals are professionally trained to perform disability-related tasks for their owners.
Emotional support animals, on the other hand, are only there for their owner’s mental well-being and do not need nor are provided training. Their benefits come from their presence and the routine they provide their owners.
Furthermore, service animals have strict requirements for the type of species they can be; they are usually dogs and, in rare cases, miniature horses.
ESAs, on the other hand, can be any animal legally owned in Michigan. You could potentially own an ESA hamster, snake, or bird, and the only requirement for your ESA is that your mental health provider believes the animal would be beneficial for your mental health.
Finally, ESAs have limited public access rights, while service animals are able to access virtually any area alongside their owner. This includes workplaces, retail shops, businesses, restaurants, and public transportation. Unfortunately, ESAs can only accompany their owners to pet-friendly or public spaces that permit animals.
Laws for Emotional Support Animals in Michigan
The following federal laws are applicable in Michigan and uphold emotional support animal protections in order to preventing discrimination against owners who need ESAs in their lives.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) was passed to prevent individuals with disabilities from discrimination. Many people with disabilities have service animals to help them with various tasks. Some of the tasks these animals are capable of performing include:
- Retrieving objects for wheelchair-bound citizens
- Leading the way for blind owners
- Alerting the owner of an oncoming panic attack
These animals require proper training for these tasks. ESAs, on the other hand, don’t require any sort of training and are only expected to cuddle and play. This is what they are naturally expected to do, and it is how they help their owner cope with their mental health challenges.
Due to these differences, ESAs are not given the same status as service animals under the ADA. They have limited rights regarding public access, and it is up to business owners to decide whether or not they should allow ESAs inside. You should always call ahead and ask about their policies regarding ESAs.
Fair Housing Act (FHA)
The Fair Housing Act (FHA) prohibits any discrimination against tenants and home buyers by landlords, sellers, and lenders based on race, gender, sexual orientation, ethnic background, or nationality. This also includes any discrimination an individual may face for owning a service animal or an emotional support animal.
What this means is that a landlord cannot refuse to show you or rent out their property to you just because you own an emotional support animal. They are legally required to provide ‘reasonable accommodation’ for your ESA.
Your ESA is allowed with you into properties that have no-pet policies, animal restrictions, or breed restrictions. Landlords are also prevented from charging you extra for pet deposits, pet rent, and pet fees.
There are cases, however, where your landlord may rightfully reject your ESA letter. For example, if your ESA threatens the safety of anyone in the building, it is legal for the landlord to reject your ESA request.
Similarly, if you make an unreasonable accommodation request, such as bringing an exotic animal or a large animal to a tiny studio apartment, this request may also be legally denied.
Workplace Laws for ESAs
ESAs do not have legally protected workplace access rights – however, some managers and owners may allow you to bring your ESA in if you request it as a reasonable accommodation.
Emotional support animals can play a critical role in improving your mental health and stress levels during work, which can also result in better productivity and accomplishments.
If you inform your management about this, and your ESA doesn’t pose a safety or health risk in your workplace, they may be more inclined to allow you to bring your ESA in during the workday.
You will need to bring your ESA letter signed by a licensed mental health professional in Michigan to request workplace accommodations.
Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) protects service animals against discrimination from airlines. It gives them the right to travel with their animals, and airlines are responsible for providing ‘reasonable accommodation’ for the service animal and the owner; service animal owners are also exempt from pet fees and animal-related travel restrictions.
The ACAA originally included ESAs in its service animal definition, but changes to the Act in 2020 now exempt emotional support animals from these protections. Instead, ESAs are generally treated as pets by airlines, and they are subject to all pet fees and animal restrictions.
Ready to Get an ESA in Michigan?
Now that you know everything there is to know about ESAs in Michigan, do you feel you’re ready to get one for yourself? If you already have a pet that helps you cope with the challenges that come with having a mental health condition, then all you have to do is talk to a licensed mental health practitioner.
Tell them about your condition and how your pet helps you. They’ll issue you an ESA letter, which you can show to a landlord so your ESA can move in with you.
Keeping Your ESA in Michigan
Emotional support animals are amazing companions to many individuals, and it’s important to understand your rights if you want to keep your ESA at your side in Michigan.
In general, your ESA will have protected housing laws, and you may be able to bring them to certain public and pet-friendly spaces depending on business restrictions and the type of ESA in your care.
To start the process of obtaining an ESA letter so you can secure ESA protections, make an appointment with a mental healthcare provider licensed in Michigan as soon as possible.