ESA Laws

Nebraska Emotional Support Animal Laws: What You Need to Know

Emotional support animals have been popular for a long time because of how they can help people who have mental health disorders. With the right emotional support animal (ESA), you can reduce the amount of medications you need to take, prevent panic attacks, and keep yourself comfortable. What’s more, ESAs can even help you if you’re dealing with loneliness or some other mental health conditions.

While ESAs are effective for millions of people around the country, it’s important to consider Nebraska’s emotional support animal laws before adopting a pet or living somewhere that’s not pet-friendly. The good news is that most ESA laws are easy to understand and make sense based on how you would expect the state to handle them.

Read on to learn more about what an ESA is classified as, the laws you need to follow, and where you can take your emotional support animal.

What Is an Emotional Support Animal?

An emotional support animal is an animal that provides support and comfort for someone who has a mental health disorder. These animals can help people by being present, cuddling with them, or being with them when other people are around. 

Emotional support animals have been around for a long time and continue to be protected under laws in Nebraska, like the Fair Housing Act (FHA). Laws like the Fair Housing Act make it easier for people who have mental health conditions to remain in apartments or otherwise not pet-friendly housing with their ESA.

Emotional support animals can also vary based on the needs of the person. For example, some people might prefer a cat over a dog if they want an ESA that’s easy to care for. 

What Types of Animals Can Be Emotional Support Animals in Nebraska?

Any animal that you can legally keep in Nebraska can be an emotional support animal. There is no restriction on the specific animal that can be used for support. That said, the animal does have to provide support for the person, remain friendly with others, and not cause damage to a landlord’s property. For this reason, most people choose dogs or cats to be emotional support animals.

Still, people are known for being creative, and some unique ESA options include:

  • Snakes
  • Ferrets
  • Rabbits
  • Mice
  • Hamsters 
  • Guinea pigs
  • Turtles
  • Fish

Ultimately, the type of animal you choose is up to you. Just make sure the animal is friendly and that you have the means to care for them to avoid any problems.

Is an Emotional Support Animal a Service Animal?

No, emotional support animals are not service animals. Laws like the Americans with Disabilities Act outline what a service animal is and there is no mention of an ESA. What’s more, service animals can only be dogs and miniature horses in Nebraska, which is a key difference. That said, there are also some more subtle differences that separate a service animal from an emotional support animal.

One example is that service animals need training. They need to be trained well enough to handle a specific task for their companion and this training often takes many months, if not years. What’s more, the training is also expensive, and not every breed can make it as a service dog.

Is an Emotional Support Animal a Therapy Dog?

No, emotional support animals are not therapy dogs. However, it’s worth noting that ESAs are closer to therapy dogs than service animals. The key difference between therapy dogs and ESAs is that the therapy dogs are trained to comfort larger groups of people. Therefore, it’s common for therapy dogs to comfort people in places like schools, nursing homes, hospitals, and hospice centers. You may also find some therapy dogs in funeral homes and private businesses if the owner wants to have one.

Therapy dogs have obedience training to remain calm in different places and situations. They aren’t easily startled by the loud noises of children and always behave friendly and gentle towards strangers.

What Are Nebraska Emotional Support Animal Laws?

There aren’t state-specific ESA laws in Nebraska, and the state has to operate in accordance with the Fair Housing Act (FHA). For this reason, the only protection that ESAs have tends to be for housing in otherwise not pet-friendly housing. They lack protection when traveling, at work, and even in public spaces.

The type of animal can also impact how the restrictions work in Nebraska for an emotional support animal. For example, you might be accepted into a bar if you have a small and calm dog compared to having a snake. Therefore, your choice of ESA can also impact what happens.

What Are the Nebraska Emotional Support Animal Laws for Going Out in Public? 

There are no protections in place for bringing your ESA out in public in Nebraska. If you want to visit businesses, parks, or stores, there are no laws that state that someone has to allow you to be there. The good news is that most places are receptive to an emotional support animal if you tell them in advance. There are also plenty of dog parks, and you can go for walks in public with your ESA if you plan on going out.

Most bars and small businesses will also allow an ESA to enter if it’s a dog and doesn’t disrupt business or other customers. That said, this only applies to dogs and will vary based on the owner, so success is not guaranteed. For example, you’ll have more luck with a dog going to a brewery or bar compared to a cat, snake, or rabbit. Therefore, keep this in mind before you travel.

What Are the Nebraska Emotional Support Animal Laws for ESAs in the Workplace?

There are workplace discrimination laws in Nebraska but this doesn’t apply to an emotional support animal. This means that your employer can deny your request to bring an ESA to work. If you’re applying for a job, you can ask about how they would handle that situation before you get hired to avoid getting stuck with a job that doesn’t accommodate your emotional support animal needs.

On the other hand, you can also bring this up to your existing employer. Just make sure you’re a hardworking employee and an asset to the team, or you may risk complications. If you can do without bringing up your situation that might be the best option to avoid unnecessary conflicts.

What Are the Nebraska Emotional Support Animal Housing Laws? 

Emotional support animals have a lot of protection in Nebraska under the Fair Housing Act (FHA). This is an act that allows you to live in non-pet-friendly housing with an emotional support animal. The law is in place to prevent landlords from discriminating against people who have mental health disorders. For this reason, you can live in apartments, HOA communities, and other properties with an emotional support animal.

While you can live in housing with an ESA, that doesn’t mean that the landlord or other tenants don’t have rights. If your ESA is misbehaving, they can choose to file complaints against you and have you removed from the residence. This can only occur if your ESA is noisy, smelly, or aggressive towards other tenants. Typically, this is a rare occurrence and if you feel like it happened maliciously, you can report it to have your landlord investigated. This can result in penalties for them and help you get your housing back.

What Are the Nebraska Emotional Support Animal Travel Laws?

The Air Carrier Access Act (ACAA) used to apply to emotional support animals in Nebraska but this is no longer the case. Now, emotional support animals aren’t protected under the law, and they’re not allowed on public airlines. Most airlines will have your ESA travel in the cargo hold with other pets, so keep this in mind when you plan to travel somewhere. 

That said, if you have a dog, you might have more luck if you call the airline in advance. This is because some airlines may be lenient and allow you to travel with an ESA if you have a carrier for them that fits in the cabin.

Even if your ESA makes it into the cabin, that doesn’t mean you’re good to go. You need to make sure your ESA behaves in the airport and that your ESA follows rules that the airline has in place for service dogs. For this reason, we only recommend attempting this if you have an emotional support dog.

Do Emotional Support Animals in Nebraska Have to Wear Vests?

Emotional support animals in Nebraska don’t have to wear a vest. There is no law in place that states that they have to wear a vest to go out in public, remain in their home, or travel on public transportation. That said, you should consider a vest if you have an emotional support cat or dog. This is because having a vest can prevent people from interacting with your animal, which can disrupt its duties as an ESA.

You don’t have to go crazy with the vests, and most vests are inexpensive and cost less than $100. Still, we recommend looking into getting a vest if you plan on adopting an ESA and bringing them out to the public.

How to Apply for an ESA Letter in Nebraska

Applying for an ESA letter in Nebraska isn’t challenging, and you can even do so online or with your preferred licensed mental health professional. That said, there are a few steps you need to follow.

Make Sure You Qualify for an ESA in Nebraska

Most people who have mental health disorders can qualify for an ESA in Nebraska. Ultimately, it comes down to applying for an ESA letter and speaking with a licensed mental health professional because they’re the only people who can tell you if you qualify. That said, we list a few examples of mental health disorders that usually qualify for an ESA below.

  • Anxiety
  • Depression
  • Bipolar disorder
  • Phobias
  • ADHD
  • ADD
  • PTSD
  • Schizophrenia
  • Learning disorders

Ultimately, if it’s a condition that can be helped by a support animal, there’s a good chance that you qualify.

Apply for an ESA Letter Online

The best way to apply for an ESA is to apply for an ESA letter online. There are plenty of websites that provide this service, but make sure they’re a legitimate ESA letter provider like EmotionalSupportAnimal.com. The process is straightforward. All you need to do is provide information about yourself and your future ESA to get started. This includes their weight, height, type, and breed.

From there, you have to schedule a call with a licensed mental health professional. On the call, the professional will assess your situation and determine if you’re eligible. Once you’re approved, all you have to do is wait for your ESA letter.

While we recommend applying online, it’s also possible to consult with your mental health professional for an ESA letter if you think it’s something you need. In this case, you’ll have to pay their fee, but it can sometimes be covered by insurance.

Nebraska ESA Laws FAQ 

Have questions about how ESAs are handled in Nebraska? We have answers for you down below.

How Much Does an Emotional Support Animal Cost in Nebraska?

Emotional support animals aren’t expensive. You can adopt an animal for free from some shelters but you usually have to pay some type of adoption fee. For example, some shelters may charge you around $100 to $1,000 to adopt an animal. You can also purchase a dog or cat from a breeder or visit a pet store for a smaller animal like a snake, hamster, or lizard. Ultimately, the cost of the animal varies.

Additionally, you need to get an ESA letter. These letters are available online for around $100 to $200. Therefore, you need to add this to the cost of adopting your future ESA.

How Long Does It Take to Get an ESA Letter in Nebraska?

It doesn’t take long to get an ESA letter in Nebraska. In fact, you can get one in about three days if you apply online. Plus, you can expedite the process if you pay an extra fee or use your personal therapist. You can also download a PDF version online, and that should suffice if you need to show it to your landlord for housing. In the mail, give it about three to five days to arrive if you don’t pay for any shipping upgrades.

Can You Be Evicted in Nebraska with an ESA?

Yes, you can be evicted with an ESA in Nebraska. While an ESA comes with protections in otherwise not pet-friendly housing, that doesn’t mean that landlords and other tenants don’t have rights. Your ESA needs to be well-behaved and not bother other tenants, or you can be evicted. In Nebraska, you can also be evicted with an ESA if the animal damages the property, harms other tenants, or causes complaints due to noise. An ESA that produces an odor that bothers other tenants can also lead to an eviction.

Regardless of the reason, you can always appeal an eviction. If you feel that you’re being wrongly evicted because of an ESA, you can file a complaint and have your landlord investigated. If you win, your landlord will have to pay fines and fees but if you lose they can proceed with the eviction.

Enjoy the Benefits of an ESA in Nebraska

Emotional support animals offer many benefits, so it’s worth it to consider adopting and registering one. That said, you need to make sure you follow all of the laws that Nebraska has in place. While Nebraska will protect your housing situation, you’re on your own for travel, going out in public, and entering private businesses. For these reasons, you need to be careful and understand all of the Nebraska emotional support animal laws before adopting and applying for an ESA letter.

That said, once you have an ESA letter, following the law is not challenging. Keep your ESA under supervision in your apartment and when you have them in public for the best success. Additionally, consider calling ahead to places or airlines to see if they can make an exception to help you travel.