Emotional support animals have become popular all over the United States because they present a way to treat mental health conditions without more medications. Plus, who doesn’t want a canine companion or their favorite reptile to keep them comfortable?
While emotional support animals have become popular, it has become important for states to classify them as something other than service animals or therapy animals because they lack training. This is where the emotional support animal (ESA) classification comes into play. These animals have many protections, but there aren’t a lot of Montana emotional support animal laws that help them. In fact, one of the only laws is the Fair Housing Act (FHA), which is just for housing.
The good news is that understanding what an ESA is and the laws surrounding these animals can help you adopt one and live comfortably in Montana. This article covers what you need to know about ESAs, Montana ESA laws, and how you can register your emotional support animal. Read on to learn more.
What Is an Emotional Support Animal (ESA)?
Before diving into Montana’s emotional support animal laws, it’s important to understand what an ESA is. This is because they’re different from service dogs and therapy dogs, so you don’t want to get them confused and end up with a case of fraud on your hands. That said, ESAs aren’t hard to understand once you know what their purpose is.
The purpose of an emotional support animal is to, well, provide support for people who need it. Their primary objective is to help people manage mental health conditions that can cause stress, anxiety, depression, and even panic attacks. Unlike service dogs and therapy dogs, ESAs don’t require any formal training, and you don’t have to only choose a dog. In fact, you can even choose a rodent or a reptile as long as they keep you comfortable and treat your mental health condition.
To be approved for an emotional support animal, you need to speak with a licensed mental health professional and they have to issue you an ESA letter. If this sounds overwhelming, don’t worry; we have more on these topics below.
Who Is Eligible for an Emotional Support Animal in Montana?
Montana law states that anyone who has a mental health condition is eligible for an emotional support animal as long as the presence of an ESA treats their condition. While you can think you have a condition or hop online and apply for an ESA, you need to have approval from a licensed mental health professional first.
This can be a licensed therapist you meet with in person, a medical provider in a mental hospital, or someone you speak with online. Ultimately, they have to be qualified to evaluate your mental health and there has to be enough there for them to write a letter explaining why you need an ESA in Montana and how you can benefit from one’s aid.
What Types of Animals Can Be an Emotional Support Animal in Montana?
According to Montana state laws and federal laws, any animal the owner is allowed to have can become an emotional support animal. This means that you can get creative and opt for an emotional support snake instead of getting a dog or cat. That said, if you want to venture out in public with an ESA, it’s a good idea to stick to a cat or dog because people are more comfortable with these animals.
Some common emotional support animal choices in Montana include:
- Snakes
- Lizards
- Cats
- Dogs
- Ferrets
- Rabbits
- Mice
- Hamsters
- Guinea pigs
- Birds
- Iguanas
- Fish
Depending on your goals and what you need from an ESA, these can all be good options. For example, if you just want an ESA you can look at and don’t need to touch, a fish or snake is a great option. On the other hand, if you want to snuggle up on the couch with your ESA, you’re better off with a cat or dog.
Are Emotional Support Animals Classified as Service Dogs in Montana?
No, emotional support animals are not classified as service dogs in Montana. Service dogs are trained to help someone with a disability perform a task. While psychiatric service dogs also help people with mental health disabilities, what makes them different from an ESA is their level of training and the legal protections that they have.
Service dogs go through intense training to perform complex tasks, understand commands, and venture into public spaces with their owners. While emotional support animals play a similar role, they don’t have the same legal protections in Montana and don’t require any training. That said, you can train an ESA to become a service dog if you have a dog. This process is long and expensive, but it’s possible.
Are Emotional Support Animals Classified as Therapy Dogs in Montana?
No, emotional support animals aren’t classified as therapy dogs in Montana. Therapy dogs are different from ESAs and serve different functions. The primary difference is that a therapy dog is for helping groups of people in settings like schools, nursing homes, hospitals, and other similar locations. The goal of a therapy dog is to provide comfort for groups like this when they’re mourning, lonely, or dealing with other mental health conditions.
It’s also important to note that most therapy dogs require some form of training in Montana. For example, most therapy dogs in Montana have training to remain calm in different situations or obedience training to help them move around without a leash. Therapy dogs also have to be able to adapt to changing environments and handle large groups of people, which isn’t necessary for an emotional support animal because they bond with just one person.
What Are the Montana Emotional Support Animal Laws?
Montana is one of the few states that has emotional support animal (ESA) laws that extend from federal laws. While most states only have to adhere to the Fair Housing Act (FHA) and other government acts, Montana’s state government introduced a legislature (HB 703) that’s important to know for ESAs in 2023. This legislature covers things like ESA registration, rights that tenants have, and rights that landlords have.
Most of the laws are modified versions of the laws enacted by the federal government. If you’re familiar with those laws and how they work, you shouldn’t have any issues understanding the unique ESA laws present in Montana. One important note about the legislature is that you must have a relationship with your mental health worker for at least 30 days before they can write you an ESA letter. Learn more about Montana’s ESA laws below.
What Are the Montana Emotional Support Laws for Housing?
Montana adheres to the Fair Housing Act, which means that emotional support animals are allowed to live in apartments or other rentals with their companions. This law was put into place to prevent discrimination against people who have mental health disorders. The law has changed over the years, but federal law states that you must allow tenants who have a disability to reside on the property with an emotional support animal as long as they have an ESA letter from a licensed mental health professional.
While federal law is in place to protect tenants, Montana made updates to the law in 2023. These updates clarify and change how ESAs are handled and empower other tenants and landlords to take action against ESAs if the animals are disruptive or bothering other tenants.
Some notable updates in the 2023 legislature include:
- Landlords can require an ESA letter from a licensed mental health professional who has a relationship with the tenant
- The evidence has to describe what support the animal provides without stating the tenant’s disability
- Tenants are responsible for damage caused by the ESA
- Landlords can evict tenants who have ESAs that damage property or harm other tenants
Other than these key changes to the law, the state also notes that ESAs can not be treated like service dogs and provides a detailed explanation of what that difference is.
Ultimately, Montana follows federal guidelines but has made a few notable changes to the laws.
What Are the Montana Emotional Support Animal Laws for Travel?
There are no protections in place for emotional support animals to travel with you. This means that airlines, buses, and other types of transportation can reject you and your ESA in Montana. While ESAs used to be protected by the Air Carrier Access Act (ACAA), this protection is now limited to service animals. Thankfully, most buses and other types of land-based transportation will allow you to take an ESA with you if you call ahead and notify them. Still, you have a better chance if the ESA is small, like a dog or a cat.
On the other hand, some airlines like JetBlue have their own rules for ESAs. For example, they may allow you to bring an ESA with you in the cabin if they weigh less than 20 pounds and is contained in a carrier. Your ESA also needs to be well-behaved, or they can be removed from the cabin. Otherwise, ESAs are treated like other pets. Check with your airline to see what accommodations they have for ESAs, and choose an airline that works best for you.
What Are the Montana Emotional Support Animal Laws for Public Access?
Unlike service dogs, emotional support animals (ESAs) aren’t protected under public access laws outlined in the Americans with Disabilities Act (ADA). This means that you can’t always take your ESA with you out in public. In fact, private businesses are able to deny your entry into venues if they have a no-pet policy in place.
Unfortunately, this also applies to public parks and other locations. For this reason, it’s essential to call ahead if you want to go somewhere with an ESA. Calling ahead can help you enter locations that are otherwise not pet-friendly.
Montana Emotional Support Animal Employment Laws
The Americans with Disabilities has some protections for service animals in workplaces, but the same can’t be said for emotional support animals. For this reason, we recommend asking your employer before presenting an ESA letter or speaking with a recruiter about jobs that have allowed ESAs in the past. In this instance, the type of ESA you have might also be important. For example, coworkers and management might be more approving of cats or dogs as ESAs than snakes or lizards.
How to Get a Legitimate Emotional Support Animal in Montana
To get a legitimate ESA in Montana, you need an emotional support animal letter from a licensed mental health professional. While this is something you can get from your therapist, you can get an ESA letter online for a more affordable price. Plus, it will be available faster than if you go through the process in person. Learn about the steps you need to take below.
Adopt an Emotional Support Animal
First and foremost, you need an animal and this animal has to offer comfort or support for you. Depending on your needs, consider the type of animal that works best for you. For example, if you need physical touch and cuddles to feel comfortable, you’re better off with a cat or dog than a snake. However, if you’re not home often it’s best to get something that requires less care like a fish, snake, or reptile.
Apply for an ESA Letter
The next step is to apply for an ESA letter, which you can do online with reputable organizations like EmotionalSupportAnimal.com. Applying is simple, and you can schedule a call with a licensed mental health professional. You will then get your ESA letter right after your 30-day client-provider relationship required by Montana state law ends.
When applying for an ESA letter, you may need to supply information about yourself, your condition, and your animal.
Wait for Your ESA Letter
Once you have a client-provider relationship with your mental health worker for at least 30 days, they can write you an ESA letter. Make sure you wait for your ESA letter before you bring up your ESA to your landlord. Failing to produce the letter when they request it can lead to your eviction.
Montana Emotional Support Animal Laws FAQ
Have more questions about how Montana handled emotional support animals? We have answers below.
Do Emotional Support Animals Need a Vest in Montana?
No, ESAs don’t need a vest in Montana. You don’t need to register them or provide them with any gear that shows people they’re an ESA. All you need is an ESA letter from a licensed mental health professional that details the support the ESA provides for you. That said, getting a vest and other gear can make going out in public with your ESA a simpler process and can prevent people from interacting with your animal.
How Much Does an Emotional Support Animal Cost?
The cost of an ESA depends on the type of animal and what you have to do in order to care for it. A great example is an ESA snake, which may cost $200 to $1,000 upfront. While the upfront cost might be high, they don’t have to eat often, and the terrarium they stay in is low maintenance.
On the other hand, you might have to spend a few thousand dollars per year feeding and caring for a dog or cat. That said, people tend to pay about $1,000 to $2,000 for an ESA in Montana. If you want to train your ESA, the cost will also increase if it’s not something you do on your own.
Can You Be Evicted with an ESA in Montana?
Yes, landlords can evict you if you have an emotional support animal (ESA). Evictions are possible if your ESA is damaging the property, scaring other tenants, or being aggressive with other tenants. ESAs that make a lot of noise or smell can also be grounds for eviction. Lastly, ESAs that cause allergies in other tenants can lead to an eviction.
Get an Emotional Support Animal and Be Supported in Montana
Emotional support animals can help you live a comfortable life without having to worry about being alone or struggling with mental health disorders. While ESAs can help you treat any mental health conditions, that doesn’t mean they’re for everyone or that they’re the end-all-be-all. Therefore, always consult with a licensed mental health professional to see if an ESA is right for you. Otherwise, you might waste your time and money going through the process.
Also, make sure you consider Montana’s emotional support animal laws. These laws are in place to protect your ESA but also to protect landlords, tenants, and people in public. As long as you have your ESA letter handy and keep your ESA well-behaved and under supervision, you shouldn’t have any issues.