Emotional support animals (ESAs) are invaluable companions for many individuals with emotional and mental disabilities. Through their presence, they can help soothe anxiety, reduce stress levels, and provide comfort when times get tough.
Whether you’re currently the proud owner of an ESA, or considering getting an ESA to help you manage your disability, it’s important you’re fully informed about Minnesota’s emotional support animal laws.
Below, we’ll explain what an emotional support animal is defined as and what rights they receive in terms of housing, travel, public access, and the workplace.
What Is an Emotional Support Animal?
An ESA is an animal whose primary purpose is to provide therapeutic relief to individuals with emotional or mental disabilities. They achieve this through their companionship and affection, though they can also help motivate their owners to commit to positive lifestyle changes, such as exercising regularly, going out in public, and sticking to a routine.
Emotional support animals are usually dogs or cats. However, any animal can be legally classified as an ESA, meaning even species like birds, rabbits, hamsters, and reptiles can become ESAs if they provide their owners with therapeutic relief.
Emotional support animals also aren’t required to undergo any training, though it’s advisable to housebreak them and teach them basic obedience. This is especially true if you intend to live with them in a rented property or take them to your workplace (more on this later).
What Is the Difference Between an ESA and a Service Animal?
Service animals and ESAs are similar in the sense that they both provide those with disabilities invaluable therapeutic relief. However, they assist individuals in entirely different ways (and are therefore classified differently under federal and state laws).
While ESAs support individuals solely through companionship, service animals are trained to perform tasks for their owners that ease disability-related symptoms. Some tasks a service animal may perform include:
- Deep pressure therapy, where they strategically apply pressure and warmth onto their owner’s body to ease anxiety
- Mobility assistance tasks, such as providing counter-balance support
- Detecting blood sugar level drops
- Leading their handler to a safe space
- Retrieving medication or other vital necessities on command or when their owner exhibits signs of distress
Service animals must also undergo stringent training to ensure they can behave impeccably in public and not cause disruption to others. They must also have an even temperament and be able to perform their tasks reliably, regardless of their environment.
Service animals are protected under the Americans with Disabilities Act (ADA) and receive more legal privileges than ESAs in virtually every state, including Minnesota. They are granted public access rights and can travel on planes without being subjected to pet fees or restrictions.
What’s more, only dogs — and, in some cases, miniature horses — can be legally classified as service animals under the ADA.
How Do I Get an ESA in Minnesota?
Getting an emotional support animal is a relatively simple process, though you will need to get in touch with a mental health professional who is licensed to practice in Minnesota. You also need to meet the qualifying criteria:
- You must have an emotional or mental disability that has been officially diagnosed and is recognized in the DSM-5 manual (self-diagnosed conditions are not eligible for an ESA)
- You must be receiving ongoing treatment for the condition
- Your disability must significantly impact at least one major life activity, such as working, washing, shopping, or studying
- You must be able to fulfill the animal’s care needs and provide them with a secure, safe home
What Is an ESA Letter?
An emotional support animal letter is a legal document provided by a licensed mental healthcare professional (LMHP). The document declares that you have a disability and an ESA has been prescribed as part of your treatment.
An ESA letter is the only way to have your pet become legally recognized as an ESA — and it does bring with it certain legal protections in Minnesota, including additional housing rights and workplace rights.
ESA Letter Assessment in Minnesota
To obtain a valid ESA letter, you need to book a consultation, also known as an ESA letter assessment, with an LMHP.
During the consultation, the healthcare professional will ask several questions to assess whether an ESA is beneficial for your emotional well-being. For example, they may ask how your disability currently impacts your everyday life, why you feel an ESA would help you better manage symptoms, and if you have the means to look after an animal.
If you intend to make a pet you currently own an ESA, you should clearly specify how their presence has already been helping you manage your disability’s symptoms. You can mention how the obligation of caring for them provides you with a strong sense of purpose and motivates you to stick to a healthy routine or that their affectionate nature helps to ease your anxiety during challenging periods.
The assessment usually lasts between 15 and 45 minutes, and the LMHP will provide you with the ESA letter after the appointment if they deem that an ESA is right for you.
Do I Require a 30-Day Client-Provider Relationship in Minnesota?
Some states require you to have had at least a 30-day relationship with the LMHP before you can be prescribed the ESA letter. States where this legislation is in place include Montana, Arkansas, and California.
Minnesota has not yet set this as a requirement. You won’t need an ongoing relationship with the LMHP; you just need to attend the ESA assessment.
Can I Get a Valid ESA Letter Online?
Any online website that claims they can get you a valid letter without attending an ESA assessment is a scam. Some websites do offer a service where they can connect you with an LMHP, which saves you the hassle of organizing things yourself, but you’ll still need to undergo an ESA assessment.
Do I Need to Renew My ESA Letter in Minnesota?
ESA letters do not expire, and there is no specific law in Minnesota that states an ESA letter needs to be renewed after a set period. That said, getting your ESA letter renewed every year is good practice. This is because some landlords and employers may request to see an up-to-date ESA letter when assessing whether or not to accommodate your animal.
Minnesota Emotional Support Animal Laws 101
Minnesota is one of the few states in the US that grants additional legal protections to emotional support animals. Below, we’ll cover exactly what this means for your ESA.
Minnesota ESA Laws for Housing: Fair Housing Act
Those with a valid ESA letter have the right to live in most rental accommodations in Minnesota, thanks to a federal law known as the Fair Housing Act (FHA). Passed in 1968, the bill prohibits discrimination in housing based on characteristics such as race, sex, familial status, religion, national origin, and disability.
The FHA recognizes that ESAs provide vital support for those with disabilities. Due to this recognition, ESAs are protected under the FHA and are entitled to the following rights:
- A landlord can not deny an individual with an ESA housing based on the fact that they have an animal
- A landlord must reasonably accommodate ESAs, regardless of whether their property has a “no pet” rule
- A landlord can not charge an individual with an ESA pet-related fees. This includes security deposits and pet rent
- A landlord isn’t allowed to enforce breed, size, or weight restrictions
While the Fair Housing Act covers most properties in Minnesota, certain types of buildings are exempt from the FHA and aren’t legally required to accommodate ESAs. These property types are:
- Owner-occupied buildings with fewer than four units
- Single-family homes rented without a broker if the owner owns less than three units
- Buildings operated by religious organizations and private clubs
There are also a few other exceptions to the FHA to be mindful of. A landlord can deny your ESA request if your animal is dangerously out of control or exhibits aggressive behavior. They can also deny your ESA if they’re not housebroken, cause extensive property damage, or can’t feasibly live within the building without causing an “undue hardship” or significant financial burden on the landlord.
Although your emotional support animal can’t be subjected to pet fees, you’ll also still be expected to pay for the repairs of any property damage they cause. This includes damage such as scratched doors and torn carpets.
That’s why it’s still important you housebreak your ESA and hone their basic obedience skills — it ensures they will never be denied their legal rights (and protects you from repair costs). While training can be a long process, you don’t have to navigate it alone. You can find a wealth of training resources online, and you can also seek professional support for more complex behavioral issues.
What Should I Do if I’m Denied ESA Housing Rights?
If a landlord denies your ESA, ask them to specify why. They may have a legitimate reason behind their decision. For example, their property type might be exempt from the FHA, or accommodating your animal would cause a significant financial burden.
You should also arrange a meeting to clarify the laws surrounding ESAs and the invaluable role your animal provides.
If the landlord still denies your ESA and can not provide a valid reason, your next step is to report them to the Department of Housing and Urban Development (HUD). The HUD will be able to investigate the matter further.
Minnesota Emotional Support Animal Laws for Travel: Air Carriers Access Act
Emotional support animals used to have the same travel rights as service animals, as they were protected under the Air Carriers Access Act (ACAA). Under this federal law, airlines were legally required to provide reasonable accommodations for ESAs, and they also had to waive any pet-related fees and restrictions.
However, due to recent amendments to the ACAA, ESAs no longer benefit from these travel privileges. It is now at an airline’s discretion whether or not they accommodate ESAs on the flight.
Most airlines in the US have chosen not to accommodate emotional support animals and instead treat them as pets and subject them to all the standard pet policies and fees.
An airline’s pet policies can vary, though airlines that do allow pets on board will usually require the animal to be well-behaved and kept in a pet-safe carrier for the duration of the flight. Most airlines also have strict breed, size, and weight limits.
Minnesota ESA Workplace Laws: Human Rights Act
Minnesota’s Human Rights Act (MHRA) ensures those with disabilities have the right to equal opportunities within employment. It requires employers with 15 or more employees to provide reasonable accommodations for those with disabilities, and this includes permitting both service animals and emotional support animals into the workplace.
Those who wish to have their ESA at the workplace must speak to their employer directly and request a reasonable accommodation. They must show their employer a valid ESA letter and explain why the animal’s presence is vital for performing their work tasks (and general emotional well-being).
Keep in mind that employers have the right to provide alternative accommodation for your disability. For example, they may offer to adjust your work responsibilities, give you more flexibility in your schedule, or allow you to work from home. However, if the other reasonable accommodations provided can not effectively accommodate your disability, then they must, by law, allow your ESA to be at the workplace.
That said, an employer can still deny your ESA in certain situations. These include:
- The animal is dangerously out of control: An ESA can be denied their rights if they are aggressive, destructive, or poorly behaved and endanger other employees.
- The animal disrupts others: If the ESA causes a significant disruption to the work environment, the employer is within their rights to deny them accommodation
- Accommodating them causes an undue hardship: The employer can deny your ESA if accommodating them would bring a financial burden, pose a health and safety risk, or cause them to change the structure and composition of the workforce significantly.
As well as a valid ESA letter, an employer can also ask for proof that they’re well-behaved and trained to behave appropriately in the workplace.
Can I Take My ESA to Public Places in Minnesota?
Unfortunately, only service dogs and service dogs in training are granted public access rights in Minnesota. This means your emotional support animal isn’t permitted to enter public buildings such as restaurants, libraries, and shops unless they have pet-friendly policies in place.
If you’re uncertain if a business will allow your ESA onto the premises, you should contact the staff directly via phone or email. This information may also be available on their website.
Fortunately, Minnesota is home to plenty of pet-friendly businesses, so you shouldn’t struggle to find places that accommodate your ESA! However, remember that your animal must be well-behaved; they can be kicked out at any point if they cause a disruption or exhibit unwanted behavior.
If you need your animal to be with you at all times, a service animal may be better suited as they are granted extensive public access rights. However, to qualify for a service animal, you must benefit from them performing at least one disability-related task.
The process of obtaining a service animal can also be costly and time-consuming. You can learn more about service animals by getting in contact with a service dog training charity in Minnesota, such as Can Do Canines.
Does My ESA Need Identification in Minnesota?
No, emotional support animals do not require identification in Minnesota. No laws specifically state an ESA must wear identifying apparel — the only requirement is a valid ESA letter.
That said, some individuals do opt to have their ESA wear identifying apparel, as it can help to avoid conflict and make it clear to those around them what the purpose of the animal is.
Do I Have to Tell People About My Disability in Minnesota?
You have no legal obligation to tell people about the specifics of your disability in Minnesota, though you may need to inform employers or landlords about how your ESA supports you while requesting reasonable accommodation.
If you wish to keep your diagnosis private, ask your LMHP to exclude the details of your disability in the ESA letter and instead simply state that you have a qualifying disability.
Navigating Minnesota’s ESA Laws
Navigating Minnesota’s ESA laws can be complicated, but we hope our guide above has given you a better insight into your rights.
In summary, emotional support animals benefit from the Fair Housing Act and should be granted accommodation in rental properties. They’re also protected under Minnesota’s Human Rights Act, which permits them to be in the workplace. They do not receive public access rights or additional travel protections.
You can apply for an ESA letter through an LMHP, who will arrange an emotional support animal consultation to assess your eligibility. If the LMHP deems that an ESA would benefit your well-being, you’ll be prescribed the letter and can use it immediately.
If you would like to learn more about emotional support animals — and what legal protections they receive in other states — make sure to browse through the rest of our blog!