Emotional support animals provide therapeutic assistance to their handlers with a psychiatric disability such as depression or anxiety. The benefits of these animals have been long proven, and the federal and state governments recognize their importance.
Some may view emotional support animals as mere pets, but they are critically important in their owner’s life, where they provide comfort through companionship. Emotional support animals, along with service animals, are protected by law in Indiana.
These protections are mainly related to housing, but there’s more to cover about emotional support animal laws. This article will guide you through all the ESA laws you should know in Indiana. Read to the end to get a solid understanding of the Hoosier State’s emotional support animal laws.
What Is an Emotional Support Animal?
An emotional support animal is defined as an animal that provides comfort through companionship. They provide therapeutic support simply with their presence.
While they may not seem like they do a whole lot, emotional support animals play an important role in the lives of individuals with psychiatric conditions. Their companionship helps hundreds of thousands of Americans nationwide, providing mental support.
Emotional support animals don’t need to undergo any training to become one. Any pet you are allowed to have in Indiana can be an emotional support animal. All you need is an ESA letter, though getting one has its own process that requires attending evaluation sessions with a licensed mental health professional.
Overall, an emotional support animal comforts their owner through companionship. These animals can be any pet you can have in Indiana. Some of the possible emotional support animals are dogs, cats, birds, ferrets, Guinea pigs, hamsters, and even exotic pets like capybaras and squirrels.
Difference Between ESAs and Service Animals
Emotional support animals and service animals are usually brought up in discussions together. However, there’s a clear distinction between these two types of animals that assist their handlers with a disability.
While emotional support animals can be any pet, only dogs trained to assist a person with a disability are recognized as service animals. Therefore, you can have an emotional support cat but can’t have them as a service animal.
Another distinction between ESAs and service animals is their protections under federal and Indiana law. As service animals help their handlers function in their daily lives, whether by providing mobility assistance or recognizing the onset of a panic attack, they are granted public access rights.
Businesses in Indiana must make reasonable modifications to permit service animals. Restaurants with a no-pet policy, for example, must allow service animals so they can assist their handlers. However, business owners may deny entry to a service animal if their presence poses a health or safety risk.
Besides these, emotional support animals are for people with a psychiatric disability. Service animals can assist individuals with a physical disability, such as hearing dogs that alert the handler to sounds or guide dogs that help the visually impaired navigate.
A Quick Overview of Indiana Emotional Support Animal Laws
The above sets a clear distinction between emotional support animals and service animals. Just like their individual differences, the law isn’t the same for emotional support animals and service animals. However, Indiana doesn’t have specific laws that govern emotional support animals.
Below, you’ll learn everything you need to know about emotional support animal laws related to housing, air travel, and more.
Indiana Emotional Support Animal Housing Laws
Emotional support animals aren’t the same as pets. As such, they are different in the eyes of the government. The Fair Housing Act prevents housing providers from discriminating against individuals with a disability who have an emotional support animal.
Since emotional support animals play a critical role in the life of someone with a psychiatric condition, federal law ensures they can live with their owners. Indiana landlords can’t deny housing to an individual with an emotional support animal due to a no-pet clause in the lease.
Having said that, the Fair Housing Act protects individuals with a mental disability who wish to live with their emotional support animal in a rental property. However, landlords in Indiana can legally ask for an ESA letter from the individual to prove the status of their emotional support animal. If this isn’t provided, they can deny housing.
ESAs in Pet-Restricted Buildings
While the above applies to no-pet policies put in place by a landlord, what about pet-restricted buildings where the landlord doesn’t have a say?
The same protections also apply. Whether it’s an apartment building or a condominium, the individual with a mental disability can request reasonable accommodation. Denying housing to the individual due to the no-pet policy would be unlawful.
The Fair Housing Act also extends this protection to breed and weight restrictions. Building-wide decisions that restrict certain breeds or set weight limits don’t affect emotional support animals.
ESAs in University Housing
As with any other housing provider, universities also must make accommodations for an emotional support animal. However, this applies to off-campus university housing. By law, universities in Indiana aren’t required to permit emotional support animals in the campus buildings, including the dormitories.
That said, individuals with a mental disability who have an emotional support animal can request reasonable accommodation when living in off-campus university housing.
Although the Fair Housing Act doesn’t cover dorm rooms, the decision comes down to the school itself. Your school in Indiana may allow emotional support animals in on-campus university housing, provided you have the necessary documents, such as an ESA letter. Contact your school to learn if they allow ESAs.
While universities may or may not permit emotional support animals, they must allow service animals. This is because service animals are recognized by the Americans With Disabilities Act, and they have public access rights.
What to Do in Case of a Dispute?
Disputes between landlords and tenants due to emotional support animals aren’t uncommon. Thousands of Americans go through conflicts with their landlords regarding their emotional support animals each year.
If you think you’re denied housing because of your disability or ESA, you can file a complaint with the Department of Housing and Urban Development (HUD). In addition to filing a complaint online, you can report housing discrimination to the HUD by calling 1-800-669-9777.
Indiana Laws for Air Travel With an Emotional Support Animal
Considering Indiana doesn’t have statewide emotional support animal laws, there isn’t anything specific airlines must follow regarding air travel. The federal law – the Air Carrier Access Act – required airlines to permit emotional support animals in the past.
The Department of Transportation updated its rules for air travel with ESAs, and airlines are no longer required to permit them in the passenger cabin. Those wishing to fly with their emotional support animals must check with the airline to know whether they allow ESAs or consider them the same as service animals.
Most airlines let small dogs and cats fly in the passenger cabin if their carrier meets the dimension requirements. If your ESA is small enough to be transported in an airline-approved pet carrier, you’ll be able to fly with your ESA in the cabin. If not, the only option is the cargo compartment.
The Air Carrier Access Act also waived pet travel fees for emotional support animals in the past. With the changes, you will now need to pay a pet travel fee to the airline. The fee depends on whether your ESA is flying in the passenger cabin or as a checked animal, the route, and the airline.
Service animals, on the other hand, are protected under the Americans With Disabilities Act. Airlines must allow them in the passenger cabin as long as their presence doesn’t pose a risk to flight safety. Airlines also can’t charge a fee to service animals.
Pet-Friendly Airlines in Indiana
Although airlines aren’t required to permit emotional support animals, you can fly with an ESA if the airline allows pets. Below are the airlines with regular flights to and from Indiana that accept pets in the passenger cabin and as checked animals.
- Spirit Airlines
- United Airlines
- Delta Air Lines
- Frontier Airlines
- Southwest Airlines
- American Airlines
- Alaska Airlines
It’s important to note that the pet travel fees of these airlines vary, as well as the carrier size requirements and weight limits. Some airlines also have breed restrictions on pets flying in both the passenger cabin and cargo compartment.
Indiana ESA Laws for Public Transport
Public transportation providers in Indiana, such as IndyGo, allow service animals in their vehicles per the Americans With Disabilities Act – just like airlines. Service animals can travel with their handlers without the need to be in a carrying case. The same, unfortunately, doesn’t apply to emotional support animals.
Emotional support animals can ride public transport only if the transportation provider allows pets. IndyGo, for example, allows pets in a carrying case. Although there are no size requirements, your emotional support animal’s carrying case shouldn’t block the aisles or create hardship for other passengers.
Like IndyGo, most public transportation providers in India allow pets in a carrying case as long as it doesn’t interfere with other passengers. Nonetheless, it’s best to check the public transportation provider’s pet policies before traveling with your emotional support animal in Indiana.
How to Get an ESA Letter in Indiana?
Getting an emotional support animal letter in Indiana is the same as in any other state. Here’s a step-by-step guide on getting an ESA letter in Indiana and what to expect during the process.
1) Speak With an LMHP
Only a licensed mental health professional can write an ESA letter. Therefore, you’ll need to schedule an appointment with a therapist, psychiatrist, or psychologist. Although other health professionals, such as licensed counselors and physicians, can also write an ESA letter, they may not be as familiar with the process.
After scheduling your appointment, attend evaluation sessions for your LMHP to determine if you would benefit from having an ESA. It can take multiple sessions for your mental health professional to decide. It’s important to trust the process and be honest about your symptoms.
If you have a pet and feel comforted by their presence, you can bring this up, as it will give them a good reason to write you an ESA letter. However, even with this, there’s no guarantee that an LMHP will write you an ESA letter. Your condition, mental health history, family life, and many more things go into an LMHP’s decision to write you an ESA letter.
It’s important to note that there’s no guarantee that an LMHP will write you an ESA letter. Even if your pet’s presence comforts you, your mental health professional may decide that an ESA isn’t the best treatment for you.
2) Adopt a Pet (If You Don’t Already Have One)
If you don’t have a pet but your LMHP decided that you may benefit from an emotional support animal, the next step is to adopt.
Since you’ll be adopting a pet to become your emotional support animal, consider what kind of pet would provide therapeutic benefits. Dogs and cats are the most favored, but every pet becomes a beloved companion in a unique way. Rabbits, hamsters, ferrets, Guinea pigs, and many others may surprise you with how affectionate they are.
Lastly, consider the breed of the animal you’re adopting. From dogs and cats to ferrets and Guinea pigs, all have different breeds with varying personalities and temperaments. During the adoption process, research all these to find the right emotional support animal that will seamlessly adapt to your life.
3) Get Your ESA Letter
ESA letters include basic information about your condition and emotional support animal, such as their type and breed. Once your LMHP decides to write you an ESA letter, you’ll need to provide them with these basic details about your emotional support animal letter.
After this, you’ll receive your ESA letter and can use it when and where necessary, such as informing your landlord about your emotional support animal.
FAQs
Can I Use an ESA Letter Written by an Indiana Therapist in Other States?
No. An ESA letter must be written by a therapist or other LMHP who’s licensed in your state of residence. So, if you move to another state from Indiana, you’ll have to get a new letter from a professional licensed in that state.
Do I Need to Inform the Landlord About My ESA Before Signing the Lease?
By law, you aren’t mandated to let your housing provider know you’ll be with an emotional support animal during the application process. Many individuals with a psychiatric disability who have an ESA choose to inform their landlords after signing the lease to ensure they aren’t discriminated against because of their ESA.
How to Get an ESA in Indiana?
Getting an ESA in Indiana is the same as in other states. A mental health professional licensed in Indiana needs to write an ESA letter that essentially prescribes you an emotional support animal. You can obtain an ESA letter from a therapist, psychiatrist, psychologist, or any other LMHP who can write one.
Do I Need to Register My ESA in Indiana?
There are various emotional support animal and service animal registries. Although these registries don’t offer any legal benefits, registering your ESA can help prove their validity as an emotional support animal. Nonetheless, it isn’t mandatory to register your emotional support animal in such databases.
Summarizing ESA Laws in Indiana
There aren’t statewide Indiana emotional support animal laws. As a resident of the Hoosier State, all you need to worry about is the Fair Housing Act.
In the past, the Air Carrier Access Act and the Americans With Disabilities Act recognized emotional support animals, but that has changed since late 2020. Emotional support animals aren’t granted protections for air travel, public transportation, and public access.
However, federal law still protects emotional support animals when it comes to housing. A valid ESA letter written by a licensed mental health professional will allow you to live with your emotional support animal. This applies even if your landlord has a no-pet policy or restrictions on breed or weight.
Emotional support animals don’t get as much freedom as service animals, but luckily, Indiana is one of the most pet-friendly states in the US. Plenty of businesses allow well-behaved pets, from Indianapolis to Fort Wayne, making Indiana an excellent place for ESA owners.