No matter how strong we think we are, we all need love and attention every now and then. For people who suffer from mental health challenges, this love often comes in the form of a furry, cuddly animal. Referred to as an emotional service animal (ESA), these animals have special privileges in every state.
In this comprehensive guide, we are going to talk about emotional support animal laws in Mississippi. You will also learn how you can go about getting an ESA letter, so your pet can be legally recognized as an ESA. Note that these animals are different from service animals, and we’ll explain that distinction in this article.
First, let’s take a look at what an ESA is.
How Do You Define an ESA in Mississippi?
An ESA is an animal that helps you cope with the symptoms of your mental health issue. For example, if you have depression or anxiety and being with your dog makes you feel less anxious and depressed, then they have the potential to become ESAs.
However, you will need to get an ESA letter for this by speaking to a mental health professional licensed in Mississippi. An ESA letter is exactly what it sounds like – a letter written by a licensed mental health professional (LMHP) that explains your diagnosis and prescribes an emotional support animal as part of your treatment plan.
Speak to an LMHP in Mississippi and tell them about your mental state so they can get a good understanding of your condition. Remember to be honest, as the final decision to give you an ESA letter rests with them.
They will examine your mental health and your pet’s role in alleviating your symptoms. Once you have been diagnosed, the doctor will give you the ESA letter in a couple of days. The cost of the letter depends on the LMHP, but generally speaking, it can range from $100 to $200.
If it’s suspiciously lower or higher than the average, then you may be getting scammed. That’s why we recommend that you do your own research and read reviews by other people before booking an appointment.
Tips on Getting a Legit ESA Letter in Mississippi
Scams are unfortunately common in the world of ESAs. Here are some tips on how you can get an ESA letter without running into any problems:
- Always do some research before booking an appointment so you know that they are legit. ESAs are given certain rights and benefits thanks to federal laws, but without an ESA letter, it’s impossible for your pet to access those privileges. In fact, misrepresenting any pet as an ESA is illegal.
- Once you have received your ESA letter, read it carefully to make sure there are no errors in it. For example, check that your name is spelled correctly and the letter clearly mentions that your ESA is included in your treatment plan.
- A licensed mental health professional may not give you an ESA letter after the first session and that’s okay. They sometimes need time to evaluate your mental state and your pet’s relation to it, which means you may have to visit them more than once before they feel comfortable issuing you the letter. Most legit mental health practitioners are genuinely interested in improving your emotional well-being, so they may invite you for follow-up sessions even after they have given you your ESA letter.
Can an ESA Only Be a Dog?
No, an ESA can be any animal that helps you feel better. Dogs are just the most common choice for an ESA. Some other choices include cats, ferrets, mice, birds, and sometimes even snakes.
When moving into an apartment, though, you have to make sure that there’s enough space for your ESA. You also have to be careful about how your pet behaves around other people and animals. An ESA that’s aggressive towards other people’s dogs, for example, will create issues for everyone.
Differences Between an ESA and a Service Animal in Mississippi
Since the purpose of both ESAs and service animals is to assist their owners, it’s common to think that they are the same. However, the law views them differently. Service animals are given more privileges because they have to be specially trained to perform a specific task for people with disabilities.
It’s important for service animals to always be with their handlers so they can provide them with the assistance they need. An animal is only considered a service animal once it has been trained, and you have to continue training it so it doesn’t forget how to do its tasks.
A service animal can only be either a dog or a miniature horse. ESAs, on the other hand, can be any animal species as long as their presence has a positive effect on your mental health.
ESAs also don’t require any training. Their only purpose is to provide therapeutic support to their owners, which usually comes naturally to them. The only legal requirement for ESAs is an ESA letter, which you get from a licensed mental health professional.
However, keep in mind that you still have to train your ESA. Some basic obedience training will go a long way in ensuring that you and your pet don’t get into any sort of trouble.
Both animals are covered under different laws. ESAs, for example, don’t have any special benefits when it comes to public spaces. Service animals are allowed to go pretty much everywhere with their handlers.
What Sort of Identification Does an ESA Need in Mississippi?
Other than an ESA letter, your ESA doesn’t need any identification or documentation. There are many sites on the Internet that will give you an ESA ID card and a certification when you sign up with them, but these aren’t legal requirements.
You don’t have to carry them with you all the time if you have an ESA letter. If you want to get an ID card for your ESA, we suggest getting it after you have received your ESA letter. Without the letter, you will be misrepresenting your pet as an ESA.
Other than ID cards and certifications, online registries for ESAs may also give you access to on-staff attorneys so you can quickly contact them if you ever need any legal help. They can also help you get in touch with a licensed mental health professional in Mississippi.
Laws for ESAs and Service Animals in Mississippi
There are three laws that affect ESAs and service animals in Mississippi: the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and the Air Carrier Access Act (ACAA). Only the FHA provides protections for ESAs. The other two primarily focus on the rights of service animals.
Let’s look at these laws in detail:
1. Fair Housing Act
Housing rights for ESA owners are covered under the FHA. The law was created to protect people from discrimination based on things like color, ethnicity, gender, nationality, sexual orientation, and disability.
According to the FHA, ESAs are permitted to live in any type of housing even if it has a no-pet policy. Landlords can’t charge you a pet deposit or a cleaning fee. You have to make a written request for reasonable accommodations from the landlord, though, and provide proof of your ESA letter.
Landlords can’t reject your request if you have a legit ESA letter unless they can prove that having your ESA live in their property will cause undue financial hardship or pose a threat to other tenants. They also can’t limit how many ESAs you have, so long as each individual ESA has a valid ESA letter and your housing has plenty of room for the number of ESAs you have. Check out our full guide on having multiple ESAs for more details.
Even though there is no pet deposit or cleaning fee for having your ESA live with you, you still have to make sure that they don’t cause any damage to the property, as you will be liable to pay for any repairs. This is why it’s so important to train your ESA, even if it’s not a legal requirement. They always have to be under your control so you can easily take care of them if they don’t feel comfortable around other people and animals.
Universities also permit ESAs, but they may have specific guidelines on where exactly they are allowed. For example, most universities don’t allow ESAs to be in other students’ rooms. They may also not be allowed to enter dining areas. It’s best to check your university’s official site to see their policies regarding ESAs.
2. Americans with Disabilities Act
The ADA gives service animals the right to go anywhere their handler is allowed. To ensure equal access for people with disabilities, service animal owners can’t be refused entry to public places or accommodations.
This means that if you have a service animal, you can take them with you to restaurants, cafes, universities, malls, hospitals, and more. You’re not required to show any sort of documentation or identification to prove to people that your pet is a service animal.
Thanks to the ADA, you can also take your service animal to work with you. Your employer has to provide you reasonable accommodation so you can work comfortably. However, your employer can legally deny your request if the presence of your service animal will cause safety or health issues at the workplace.
If you’re planning to take an ESA to your workplace, you’ll have to talk to your employer about it first. While employers are not legally required to give ESA owners special treatment, they still may be willing to support you and your emotional support animal at work. Just make sure that your ESA does not bother your coworkers. It’s very easy for employees to get distracted when there’s a furry animal at work whose sole job is to make people happy!
3. Air Carrier Access Act
Before 2020, the ACAA gave ESAs the right to travel with their owners in the cabin of a plane. However, the law was amended and now only allows service animals to fly with their handlers. Airlines aren’t legally required to provide ESA owners reasonable accommodation.
Some airlines still allow ESAs to fly in the cabin but you may be asked to pay an extra fee for it, and they may not allow large animals on the plane. Every airline has a different policy when it comes to ESAs, so we recommend that you call your airline or check their official site to confirm their rules.
While service animals are allowed to fly anywhere with their handlers, there are a couple of rules that you have to follow. For example, an airline may not allow a service animal if they are too large or pose a threat to other passengers on the plane.
Understand the Emotional Support Animal Laws in Mississippi
Getting an ESA letter in Mississippi is a legal requirement for ESA owners, and the process isn’t very challenging. All you have to do is speak to a licensed mental health professional in Mississippi and tell them about your mental condition.
When it comes to public spaces and airlines, ESAs don’t have any rights at all. Some airlines may allow your ESA to fly with you in the cabin, but you’ll have to pay an extra fee. Unfortunately, you can’t take your ESA with you to restaurants or cafes as most of them might not allow emotional support animals. It’s best to check with them first to confirm their policies.
In Mississippi, there is only one law that gives rights to ESAs. The Fair Housing Act allows ESAs to live with their owners in apartments and university housing, but you have to submit a request to the landlord and provide proof of your ESA letter first. They can only say no if they feel your ESA will harm other tenants and animals or if letting them live in the accommodation will result in undue financial hardship to the landlord.
With a legit ESA letter, it’s very unlikely for a housing provider to not let your ESA live with you. Thanks to the FHA, you and your pet can live together without anyone bothering you.