Emotional support animals (ESA) are some of the most valuable animal companions around today, and these animals are prescribed by mental healthcare professionals to help benefit the lives of certain individuals. If you have a mental health condition or another psychiatric disability you are struggling with, an ESA can help bring you comfort, support, and routine to benefit your daily life.
Washington, DC, upholds many of the federal laws put in place to protect your right to live with your emotional support animal. If you are considering adding one of these friendly companions to your treatment plan, it’s important to understand all of the Washington, DC, emotional support animal laws that apply to you. We give you an overview of all of this information in our guide.
What Is an Emotional Support Animal?
An emotional support animal is any animal that provides comfort, companionship, support, and a sense of relief to the symptoms of a mental health condition or disability. Emotional support animals can be any kind of animal, and they are not trained. The presence of an ESA in your life is what helps to bring positive feelings, give you comfort, and allow you greater peace as you go throughout your day.
Any animal can be an emotional support animal, including traditional pets like cats and dogs, in addition to more non-traditional animals like rabbits, snakes, fish, and birds. Keep in mind that any animal that is illegal to own in Washington, DC, is illegal to make into your ESA – it does not matter if you get a valid ESA letter for your supposed support animal. DC law states that the only animals qualified to act as ESAs are those that are legal to own.
Who Can Get an Emotional Support Animal in Washington, DC?
When it comes to qualifying for an emotional support animal in Washington, DC, any individual with a mental health disability can qualify for an ESA. This decision is made by a mental healthcare provider licensed in the Washington, DC, area, or in the neighboring areas of Maryland and Virginia (also known as the DMV area); there is reciprocity in the DMV area for therapists who work closely within the Washington, DC metro area and surrounding cities when it comes to treating patients.
The most common conditions that ESAs are prescribed to help with include anxiety, depression, chronic stress, and PTSD. However, if you have any mental health condition or physical disability that causes you stress and negative feelings, you may qualify for an emotional support animal to provide you with comfort and support throughout your day.
Are Service Animals the Same as Emotional Support Animals?
Service animals are not the same as emotional support animals, and these two different types of animals are treated differently under Washington, DC, law and federal law. To start with, ESAs are not trained in any way to help an individual with their mental health condition or disability, while service animals must be trained. Additionally, service animals must be dogs – or in rare cases, miniature horses – while emotional support animals can be any type of animal, though they are commonly cats or dogs.
Furthermore, service animals are granted much more wide-reaching public access rights. These animals are treated as necessary medical equipment, and they guide their owners, complete tasks, and provide vital medical alerts to their owners; the owner must have their dogs with them at all times in order to benefit from their services.
Emotional support animals are generally only granted housing rights, allowing owners to benefit from their ESA at home. However, some states do have additional protections for ESAs if an owner wishes to bring them into public.
Washington, DC Emotional Support Animal (ESA) Laws: What to Know
Washington, DC upholds federal laws that govern how emotional support animals are treated. The most important federal laws to know are the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). We give you more detail about these laws and Washington, DC’s additional laws that determine your ESA rights in the District.
ESA Housing Laws in Washington, DC
Housing laws in Washington, DC for your emotional support animal are covered by the federal Fair Housing Act. This Act is in place to stop discrimination against individuals who need to live with their service animal or emotional support animal in their chosen housing.
Under the FHA, individuals who need the assistance of an ESA must present a valid ESA letter to access their housing accommodations. This document grants the individual the right to bring their reasonable ESA into their housing with them, regardless of any pet restrictions or breed restrictions that are in place. A landlord cannot charge the owner pet rent, pet fees, or pet security deposits, and the emotional support animal is not subject to any type of animal regulations the housing unit may have.
That being said, if your emotional support animal is destructive or damages property, you will be liable for these. You are not exempt from paying for things your ESA destroys or cleaning up after your ESA simply because they are not a typical animal companion.
ESA Public Access Laws in Washington, DC
It should be no surprise that service animals in Washington, DC, are privy to wide-reaching public access rights granted by the ADA and by the District Equal Access Law. These rights allow them to enter into any business, public space, or private space with their owners in order to provide the valuable services that the owner needs. However, emotional support animals are not protected by these same laws, and you cannot take your ESA into any business or public space that is not pet-friendly.
Some businesses in Washington, DC, and surrounding areas may make exceptions to this rule. A handful of businesses in the area tend to be pet-friendly, such as hardware stores, and you may be able to take your ESA into the store with you. Keep in mind that your ESA will be treated like a regular pet, and if your ESA is a non-traditional animal, meaning not a cat or a dog, you may have additional challenges to navigate when taking them into pet-friendly spaces.
If you are confused about a business’s ESA access laws, take the time to research the business online or call ahead and check with management. Many businesses may be willing to make exceptions, but you must remember that they are not required to let your ESA access their space. Never turn up and try to pass your ESA off as a service animal, as this may land you in serious legal trouble.
ESA Travel Laws in Washington, DC
Travel can be stressful, and while you may want to bring your emotional support animal with you on Washington, DC’s public transportation or on flights in the area, this isn’t always possible.
To start with, only service animals are allowed to accompany individuals on DC buses, metro trains, commuter trains, and other public transportation vehicles; this is a protected right under the ADA and the District Equal Access Law. Emotional support animals are treated like pets when it comes to public transportation, and they are not allowed to board with their owner in places with pet restrictions.
Additionally, the Air Carrier Access Act (ACAA) grants the right for service animals to accompany their owners onto airplanes without adhering to pet restrictions or paying fees. However, updates in 2020 changed the ACAA to subject emotional support animals to the same restrictions as pets. This means that if you need to fly out of or into Washington, DC, your ESA will usually be treated as a regular pet, though this is up to the airline’s discretion.
When traveling on a plane with your ESA, you may be required to pay pet fees and adhere to any airline-specific pet rules. If you wish for your ESA to be in the cabin with you, they may only be allowed in a carrier in front of your seat; exotic or non-traditional ESAs may not be allowed on a plane with you entirely.
Always check with the airline you wish to travel with to understand specific rules and regulations when it comes to ESAs and pet travel before booking a ticket.
Can My Emotional Support Animal Be Denied Accommodation in Washington, DC?
It is possible for your emotional support animal to be legally denied housing accommodations in Washington, DC. However, this only happens in rare circumstances and when your ESA is threatening others. Situations when your ESA might be denied include:
- Attempting to live with an illegal or exotic animal anywhere in the District
- Unreasonable accommodation requests, such as bringing a miniature horse or very large dogs into a small studio apartment
- Your ESA is out of control, dangerous, destructive, or aggressive
- Your ESA letter is not valid, you wrote your letter yourself, or you printed out a templated letter from the internet
If your landlord is denying your ESA accommodations for reasons outside of this, there may be discrimination in place. You will need to speak to a lawyer in the District to learn more about protecting and advocating for your rights.
How Do I Prevent My ESA From Being Denied?
You can prevent your emotional support animal accommodations from being denied by ensuring that your ESA letter is valid. This means following the proper rules and steps to obtain your letter in the District. You must also ensure that your emotional support animal is an animal that is legal to have in Washington, DC, and your accommodations request must be reasonable.
Keep in mind that if you attempt to print a letter off the internet or use a templated ESA letter without consulting with a licensed mental healthcare provider in Washington, DC, your letter will not be valid and will not entitle you to ESA housing protections.
How Do I Get a Valid ESA Letter in Washington, DC?
A valid ESA letter in Washington, DC, can only be received from a mental healthcare provider licensed in the DMV area. You will need to make an appointment with your provider either via telehealth or in-person to discuss your concerns and the symptoms you have been having. Your provider will evaluate your condition and likely ask you questions about your symptoms and how they impact your day; they will also ask about your desire for an emotional support animal and ensure that you can care for them physically and financially if you are approved for one.
It may take one appointment or multiple appointments to thoroughly evaluate you and ensure you are suitable for an ESA. After you are approved, your provider will write you a letter stating your need and including details about your emotional support animal, if they are known. Your provider will also include their professional details such as their license number, a signature, and an expiration date for your ESA letter.
As soon as you receive your valid ESA letter you can use it to request housing accommodations from your landlord or property manager. Make sure to keep copies of the letter on file to ensure you always have it available when requesting ESA accommodations.
Will My ESA Letter Expire?
Your ESA letter will have an expiration date, though this may be one or two years from the date that your letter is written. Your provider will write the letter’s expiration date at the top or bottom of the letter, and you will need to make sure you renew your letter as needed to continue taking advantage of the protections that your valid ESA letter gives you.
If you move states, keep in mind that you may need to get a letter written by a provider licensed in your new home state; check state regulations to be sure your ESA is valid no matter where you go.
How Much Is an ESA Letter in Washington, DC?
The cost of your ESA letter in Washington, DC, depends on how much it costs to make an appointment with your mental healthcare provider. In general, your provider will write you a letter for free as part of the service they are providing you. You will only be responsible for any co-pays or sliding scale fees, depending on your health insurance coverage.
The average cost of a therapist or mental healthcare appointment that leads to an ESA letter is between $0 and $150. If you need multiple appointments before being approved, you can expect to pay a fee at each appointment. In some cases, you may be required to continue seeing your provider even after your ESA letter has been granted and delivered.
Understanding Washington, DC Emotional Support Animal Laws
As you start to think about adding an emotional support animal into your life, it’s important to understand the laws regulating your ESA’s access in Washington, DC. Our guide is the best place to start when it comes to learning your ESA rights.
If you are certain that adding an emotional support animal to your treatment plan is the best choice for you, take the time to speak to your therapist or make an appointment with a licensed mental healthcare provider via telehealth or in person to get this process started.