Some may not know the difference, but emotional support animals aren’t the same as pets. They are recommended by mental health professionals to individuals with psychiatric conditions, where their duty is to provide companionship to alleviate their symptoms.
Knowing how important these assistance animals are for those with a psychiatric condition, federal law grants them certain protections. The New Mexico Governor’s Commission on Disability also recognizes the importance of emotional support animals.
Although New Mexico isn’t the most pet-friendly state, those living in the Land of Enchantment with their ESAs are protected by law. Our article will guide you through all the New Mexico emotional support animal laws you need to know. Read to the end to learn everything about ESA laws in NM for housing, air travel, public access, and more.
What Is an Emotional Support Animal?
First, let’s define what an emotional support animal is before diving into the ESA laws in New Mexico.
An emotional support animal, shortly known as ESA, is a type of assistance animal. These animals provide comfort to their owner with a psychiatric condition, such as depression or anxiety.
Therefore, emotional support animals are not pets. Having one requires getting an ESA letter written by a licensed mental health professional (LMHP). This document essentially works the same as a prescription, suggesting an emotional support animal to the individual – more on getting an ESA letter in New Mexico down below.
Emotional support animals don’t require any training by law and can be any pet you can legally have in New Mexico. Dogs and cats are the most common ESAs, but birds, hamsters, Guinea pigs, ferrets, and even certain reptiles can be emotional support animals.
Difference Between ESAs and Service Animals
Emotional support animals and service animals are usually mentioned in the same context, as both are assistance animals. However, they are not the same. Here’s an overview of what sets them apart. Knowing these differences will ensure a clearer understanding of ESA laws in New Mexico.
Type and Purpose
As mentioned, ESAs can be any pet an individual can legally keep in New Mexico. This, however, doesn’t apply to service animals. The Americans With Disabilities Act (ADA) only recognizes dogs (and miniature horses in some cases) as service animals. Therefore, you can only have a dog as your service animal – not a cat, rabbit, or monkey.
Another difference is service animals must be trained to assist their handler by performing tasks for their disability. A few common examples of service animal tasks are reminding the handler to take medication, applying pressure during a panic attack, and keeping the handler away from triggers.
With emotional support animals, there aren’t any training requirements. ESAs simply exist and comfort their owner through the companionship they provide.
Public Access Rights
Since service animals perform tasks for their handlers to live a better life, they are essential for their handler. To ensure they can assist their handler with a disability, service animals have public access rights granted by the ADA.
The same, unfortunately, cannot be said for emotional support animals. While service animals are exempt from no-pet policies in places like restaurants and government buildings, ESAs aren’t. Entities aren’t required to permit emotional support animals as they do for service animals.
However, you may find businesses that typically don’t allow pets but make an exception for emotional support animals in NM. It’s ultimately up to establishments to decide if they allow emotional support animals.
A Quick Overview of New Mexico Emotional Support Animal Laws
The above should help you differentiate between service animals and emotional support animals. Although ESAs don’t have the same public rights as service animals, the law protects them in other ways.
However, these protections come from federal regulations. New Mexico State doesn’t have specific laws that govern emotional support animals. Therefore, there aren’t additional regulations for emotional support animals in New Mexico, such as allowing them in the workplace like in California.
Nonetheless, knowing the federal protections will make life much easier for ESA owners in New Mexico. Emotional support animal laws are there to guard these assistance animals, and you’ll learn all about these below.
Emotional Support Animal Housing Laws in New Mexico
Emotional support animals aren’t subject to the same restrictions as pets for housing. Individuals with a psychiatric disability require their emotional support animals to cope with their symptoms.
Landlords in New Mexico cannot deny housing to an individual with an ESA simply because they don’t want pets on the property. Doing so would be denying housing to an individual because of their disability, which is a clear violation of the Fair Housing Act.
While this applies to individuals who want to rent with their ESAs, those currently living in a rental property are also covered. Even if your lease has a no-pet clause, your landlord cannot deny your emotional support animal.
Having said all this, emotional support animals aren’t subject to the same rules and policies as pets for housing. When requested, landlords must make reasonable accommodations to permit the emotional support animal, including changing pet policies.
Can Landlords Deny Housing to an ESA in New Mexico?
As long as the tenant has an ESA letter written by a mental health professional licensed in New Mexico, they can request reasonable accommodation for their emotional support animal. Typically, landlords cannot deny this request, but there are exceptions.
A no-pet clause in the rental agreement or lease isn’t one of them. For a landlord to legally deny an emotional support animal, the presence of the ESA must cause a safety or health risk.
For example, the landlord can deny the ESA if there are others living in the property with pet allergies. Since the presence of the emotional support animal will worsen their allergic reactions, the landlord won’t have to make accommodations for the ESA due to the well-being of the other tenant.
While this mainly applies to rented rooms, the landlord may also deny the ESA if they are too large for the unit. Think of a large dog or a miniature pig in a tiny studio apartment. The same also applies if the ESA exhibits aggression or has attacked someone. All these are legal reasons for a landlord to deny housing to an ESA.
What About Apartments and Condos in Pet-Restricted Buildings?
In some cases, housing providers must put a no-pet clause in the lease due to a building-wide decision that restricts animals. This could be a complete ban on all animals entering the premises or specific restrictions on weight or breed.
Regardless of the restrictions in place, landlords (as well as building management) cannot reject or remove emotional support animals. They are exempt from any pet restrictions for housing. Therefore, you can live with your ESA in an apartment or condo despite a building-wide pet restriction.
Pet Rents, Fees, and Deposits for Emotional Support Animals
Like everywhere else, it’s common for landlords to charge a pet deposit in New Mexico. Emotional support animal laws clearly state that housing providers cannot ask tenants for a pet fee, deposit, or rent for their ESAs.
It is unlawful for landlords to charge extra payments for emotional support animals. However, tenants with an ESA are liable for damages caused by the emotional support animals. Besides this, charging anything additional for an ESA violates the Fair Housing Act.
Filing an FHA Complaint in New Mexico
Unresolved disputes between landlords and tenants due to emotional support animals aren’t uncommon. If you believe you’ve been denied housing because of your disability in New Mexico, consider filing a complaint with the Department of Housing and Urban Development.
You can do this using the agency’s website. Alternatively, you can reach out to the NM Governor’s Commission on Disability at 505-476-0412.
New Mexico Laws for Air Travel With an ESA
When searching for information about flying with an emotional support animal, you might come across outdated information. This is due to the developments around air travel with assistance animals that happened in recent years.
In the past – before 2021 – airlines were required to permit emotional support animals in the passenger cabin with their owners. With a valid ESA letter from your doctor, you could take your emotional support animal to fly with you in most cases.
However, the Department of Transportation has since updated its rules for air travel with emotional support animals. The law now only requires airlines to allow service animals in the passenger cabin. If you want to fly with an emotional support animal from or to New Mexico, you must comply with the airline’s pet policy.
How to Fly With an ESA
Although airlines aren’t legally required to permit emotional support animals, you can still fly with your ESA in the passenger cabin, depending on their type and size.
You can fly with your as a carry-on if they can be transported inside a pet carrier. There’s typically a limit on the carrier’s dimensions, though some airlines also have weight limitations. If your ESA can comfortably fit inside the airline-approved carrier, where they can stand up and turn around, you can fly with them in the passenger cabin.
However, most airlines only allow small dogs and cats in the cabin. Check which animals the airline permits in the passenger cabin to know if you can fly with your ESA as a carry-on.
If not, flying as a checked animal might be the only option. There are also limits on carrier dimensions, but most airlines usually allow animals up to 150 lbs to fly in the cargo, allowing most large pets to fly as checked animals. Again, it’s best to check the airline’s pet policy, as some don’t accept certain animals and breeds in the cargo compartment.
Pet Travel Fees for ESAs
Before the changes, emotional support animals were exempt from pet travel fees. As of 2024, airlines can now charge pet travel fees for emotional support animals – and most do.
However, the pet travel fees of most airlines are quite reasonable, ranging from anywhere between $100 and $250 depending on the route and your ESA’s size.
Pet-Friendly Airlines With Flights to/from New Mexico
The following is a list of airlines with frequent flights to and from New Mexico, though most only fly to and take off from Albuquerque International Sunport. You can check the pet policies of these airlines to know which ones will accept your ESA.
- United Airlines
- American Airlines
- Alaska Airlines
- Delta Air Lines
- Spirit Airlines
- Southwest Airlines
How to Get an ESA Letter in New Mexico?
To get an emotional support animal letter in New Mexico, you must contact a mental health professional licensed in the state. Only LMHPs can write an ESA letter, and simply wanting your doctor to write one isn’t a valid reason for health professionals.
You must attend evaluation sessions, and just like any medicine or treatment plan, your LMHP will need to listen to your symptoms before deciding if you’d benefit from an ESA. If you have a pet and feel comforted by their presence, it will give your doctor a good reason to write an ESA letter.
However, your mental health professional will need to ensure that an ESA will aid in alleviating your symptoms, not add to your condition. This may take a few sessions or possibly longer. Once approved, you will get your ESA letter in a few days.
During this period, your mental health worker may ask questions about your ESA, such as their type, breed, and other details, to complete the letter. You can then use this document to request reasonable accommodation when and where needed.
FAQs About ESA Laws in New Mexico
Can I Use an ESA Letter Written in NM if I Relocate to Another State?
You can use an ESA letter written in New Mexico in all states as long as it’s valid. A landlord in another state cannot deny your ESA letter issued in New Mexico or request one written in a specific state. However, ESA letters are valid for one year from the date it was signed by your doctor. If you plan on changing states, consider asking them to renew it.
Do I Have to Tell My Landlord if I Have an ESA?
You must inform your landlord that you’re living with an emotional support animal. Your landlord has the legal right to request your ESA letter, so you might as well attach it to your email or message.
One important note is you aren’t required to inform your landlord during the renting process. You can let them know after signing the lease – even if there’s a no-pet clause.
Can a Therapist Refuse to Write an ESA Letter in New Mexico?
Therapists and other mental health professionals aren’t required to write an ESA letter simply because an individual wants it. Emotional support animals are there to help an individual cope with the symptoms of their psychiatric condition.
Although there isn’t a standard way of determining whether an individual needs an ESA, yes, therapists in New Mexico can refuse to write an ESA letter.
Can I Bring My ESA to Work in New Mexico?
Unlike New York and California, employers in New Mexico aren’t required by law to make accommodations for an emotional support animal in the workplace. It is ultimately up to the employer if they permit employees to bring their emotional support animals to work.
Wrapping Up New Mexico Emotional Support Animal Laws
There aren’t statewide ESA laws in New Mexico. Therefore, emotional support animal owners must refer to the federal law – specifically, the Fair Housing Act. This federal legislation ensures individuals with a disability aren’t denied housing because of their emotional support animals.
Other than housing, emotional support animals aren’t granted additional protections as they once had. Airlines are no longer required to permit emotional support animals in the passenger cabin and can charge pet travel fees, for example. They also don’t have public access to pet-restricted places like restaurants and government buildings.
While this wraps up the New Mexico emotional support animal laws, getting an ESA letter is a well-worth process despite the changes in ESA laws.
If you have a pet and their presence helps alleviate the symptoms of your psychiatric condition, mention this to your mental health worker. They can write you an ESA letter to ensure your ESA will be by your side even if your landlord doesn’t want pets.