An emotional support animal (ESA) can bring companionship, security, and reassurance to the lives of those experiencing mental or emotional disabilities; all things that can help alleviate symptoms.
While any pet can perform the role of an ESA, it’s important you get them legally recognized in West Virginia. This will grant you (and your animal) additional legal protections that can make it easier to manage day-to-day life.
In this article, we’ll take a close look into what exactly an emotional support animal is, how they differ from service animals, and what legal protections they’re entitled to. We’ll also explain the process of getting an ESA letter for your animal in West Virginia.
What Is the Role of an Emotional Support Animal?
ESAs are animals that provide therapeutic relief to those with mental or emotional disabilities through their physical presence.
They help their owners cope with their disability-related symptoms and can give them a sense of security. They also provide their owners with a strong purpose in life, which can help motivate them to build (and maintain) positive lifestyle habits.
Emotional support animals aren’t required to undergo professional training, and any animal, regardless of species, breed, or size, can become legally recognized as an ESA. It’s also possible to make a pet you currently own an emotional support animal.
How Do ESAs and Service Animals Differ?
Many believe that ESAs and service animals are the same and use these terms interchangeably. However, under the Americans with Disabilities Act (ADA) and other federal and state laws, ESAs are entirely distinct from service animals as they do not support owners in the same way.
Service animals are working dogs that have been specifically trained to perform tasks that relieve symptoms of a disability. This may include guiding visually impaired individuals around obstacles, providing mobility assistance, or administering deep pressure therapy during a panic attack.
Service animals, like ESAs, do provide companionship and reassurance too, but their primary purpose is to support their handlers through these specialized tasks. Because of this key difference, ESAs and service animals are also entitled to different legal protections.
In most states (and under federal law), service animals receive more rights than ESAs. They are permitted in public spaces that have no-pet policies in place and both landlords and employers must provide them reasonable accommodation. Service animals are also granted the right to fly on planes without being subjected to breed restrictions or pet fees.
West Virginia Emotional Support Animal Laws: An In-Depth Look
West Virginia’s emotional support animal laws can be tricky to navigate, particularly when a lot of the information available online is outdated or misinformed. We’ll cover the key legislation below so you’ll know exactly what rights you are entitled to if you choose to get your pet legally recognized as an ESA.
Emotional Support Animal Housing Laws
West Virginia abides by the Fair Housing Act (FHA) when it comes to housing. This federal law was established to protect those with certain characteristics from discrimination in the rental, selling, and purchase of properties. These characteristics include familial status, race, sex, national origin, religion, and disability.
The FHA recognizes that emotional support animals provide invaluable therapeutic support for those with emotional or mental disabilities and, therefore, has legislation to ensure that individuals are always able to access housing where they can live with their ESAs.
Under the FHA, landlords can not deny an individual a rental property because they have an ESA, even if they have no-pet policies in place. They must provide reasonable accommodation and also can’t subject the ESA to breed, weight, or size restrictions and pet-related fees or security deposits.
The FHA applies to most property types, though some buildings are exempt. These include:
- Properties with four or fewer units if the owner resides within one of them
- Single-family housing sold without the use of a broker, as long as the owner does not own more than three single family homes
- Buildings owned by private clubs and religious organizations
What’s more, an ESA can be denied accommodation if they are out of control, cause significant damage, or exhibit dangerous behavior and pose a risk to others living in the building.
Landlords in West Virginia can also deny an ESA housing if the property can’t realistically (and safely) accommodate the animal. For example, a small, one-bedroom apartment isn’t going to be suitable for a llama or miniature horse.
Another potential exception is if the ESA causes an “undue hardship” to the landlord, such as a significant financial burden. However, it is often extremely hard for a landlord to justify that an ESA will cause an “undue hardship,” and they’ll be expected to make every effort to come up with solutions before rejecting the ESA.
You should also keep in mind that while landlords can’t charge pet-related fees, they can charge for repairs of any damage an ESA causes while residing within the property.
ESA Travel Laws in West Virginia
Emotional support animals used to be protected under the Air Carriers Access Act (ACAA). Airlines were obligated to accommodate ESAs on flights and could not impose pet-related fees and rules.
However, the Department of Transportation (DOT) revised this law in 2021 to exclude ESAs from the protections. Now, only service animals benefit from these additional travel rights, and ESAs must adhere to an airline’s specific ESA policies.
Unfortunately, most airlines do not provide protections for ESAs, meaning they must abide by all pet restrictions, fees, and regulations in place. West Virginia also hasn’t established any state laws that grant travel rights to ESAs.
You will need to contact airlines directly to find out what their policies are for pets and whether they have any specific legislation to support those with ESAs.
Keep in mind that not all airlines accommodate pets in the cabin, and those that do typically have strict size limits and require animals to be kept within secure, pet-safe carriers. You will also need to ensure your animal fulfills all the necessary health and vaccination requirements.
West Virginia ESA Workplace Laws
Some states, such as Minnesota, provide emotional support animals with legal protections that grant them reasonable accommodation within the workplace. However, West Virginia isn’t one of them — it is ultimately up to the employer’s discretion whether they allow your ESA to accompany you at the workplace.
If you believe having an ESA with you at work will benefit your well-being and work performance, you will need to discuss this with your employer. They may be willing to accommodate your ESA, particularly if the animal is well-behaved, won’t distract other employees, and doesn’t pose a health and safety risk.
Even if your ESA can’t be permitted on the work premises, some employers may be willing to allow you to work remotely as an alternative, depending on your job specification and the company’s policies.
When discussing your ESA with your employer, make sure to advocate for yourself. Highlight how your ESA’s presence provides immeasurable therapeutic relief and will allow you to perform your job responsibilities more effectively.
While not a requirement, it may also help to show your employer evidence that you have taken measures to teach your ESA basic obedience and public access skills. For example, if they have participated in group training classes, you can show evidence of this and ask the trainer to provide a statement of “good behavior” about your animal (do note though that ESAs aren’t legally required to undergo any training).
West Virginia Emotional Support Animal Laws for Public Access
While service animals are granted public access rights under the ADA, these rights sadly do not extend to emotional support animals. This means you won’t be able to take your animal into public places such as restaurants, hotels, shops, libraries, and restaurants in West Virginia unless they specifically state that they are a “pet-friendly” business.
That said, West Virginia is home to many pet-friendly spots, and some establishments may also be lenient with their no-pet policies if you can show that your animal is legally recognized as an ESA and has impeccable public manners.
Just note that if an establishment does permit your ESA to enter, they can be removed from the premises if they display problematic behavior. You’ll also be responsible for any property damage your animal causes.
Who Qualifies for an Emotional Support Animal in West Virginia?
Any person with an emotional or mental disability that limits at least one major life activity and has been officially diagnosed can qualify for an ESA in West Virginia. Qualifying disabilities include (but are not limited to):
- Depression
- Generalized anxiety disorder
- Bipolar disorder
- Schizophrenia
- Panic disorder
- Post Traumatic Stress Disorder (PTSD)
- Obsessive Compulsive Disorder
However, this isn’t the only requirement to make your animal an ESA; you must also obtain a valid ESA letter from a mental health professional (LMHP) who is licensed to practice in West Virginia.
What Is an ESA Letter?
An ESA letter is a legal document obtained after an assessment with an LMHP. The letter states that the individual who underwent the assessment requires an ESA as part of their ongoing treatment for a mental or emotional disability.
With an ESA letter, an individual is entitled to the housing protections outlined in the Fair Housing Act.
How to Get an ESA Letter in West Virginia
As we touched on earlier, the only way to obtain an ESA letter in West Virginia is to schedule an ESA assessment appointment with an LMHP.
During the assessment, you will be required to discuss your condition in-depth and how you believe an ESA’s presence will help you better manage your symptoms. If you have a current pet who fulfills the role of an ESA, you will need to specify how they have provided you therapeutic relief thus far.
The assessment can be very overwhelming emotionally, so make sure to communicate to the LMHP if you are finding it difficult to progress with the questions due to the nature of the discussion. They’ll usually be more than happy to give you some time to gather your thoughts.
If you struggle to speak openly about your condition, you can also write down the challenges you face and provide these notes to the LMHP during the meeting.
As well as talking about your disability, you will need to show that you have the means to look after an animal properly. This should be easy if you have already owned a pet for years, but it can be harder if you intend to get one after receiving the ESA letter.
There are ways to show this, including:
- Providing information about your current home environment and type of accommodation
- Proof that you have the financial means to afford a pet’s necessary supplies and medical expenses
- Having the physical means (and willingness) to meet the animal’s exercise needs
Once the assessment is finished, the LMHP will provide you with an ESA letter if they deem that an ESA should be part of your disability’s treatment plan.
What Does an ESA Letter Contain?
For it to be valid, an ESA letter must be signed by the LMHP and state that you are undergoing treatment for a disability and that an ESA is a critical part of your treatment plan. It should also contain the following information:
- The ESA letter’s issue date
- Your name and contact details
- The LMHP’s medical license issue date, type, number
- The state the LMHP practices in
- Information about your ESA’s species or breed
An ESA letter must also be printed on official letterhead.
Beware of ESA Letter Scams
Unfortunately, there are plenty of nefarious scam websites online that exploit those seeking ESAs. They claim that they can provide an ESA letter immediately for a hefty sum, saving you the trouble of having to attend an assessment with a healthcare professional.
While the letter they provide you may look genuine and professional, it isn’t real and won’t provide you with any legal protections. Only an ESA letter obtained from an LMHP after an assessment is valid.
Do I Need to Renew My ESA Letter in West Virginia?
While there is technically no legal requirement to renew your ESA letter in West Virginia, it’s advisable to renew it every year. This prevents employers, landlords, business owners, and any other person from claiming that your ESA letter isn’t valid because it is “out of date.”
Do ESAs Need to Be Registered in West Virginia?
A common misconception is that emotional support animals (and service dogs) need to be registered and certified in the US. However, this isn’t the case; there is no “official” database for ESAs, and they aren’t legally required to be certified. The only document you need to have your pet become an ESA is a valid ESA letter.
Emotional support animals also aren’t required to wear ESA-identifying apparel, though some owners choose to have their ESA wear identification to ensure others around them are aware of the vital role they play.
Does an ESA Letter State My Disability?
An ESA letter only needs to declare that you have a diagnosed disability and have been prescribed an ESA. It does not need to state specifics about what you have been diagnosed with, nor does it need to go into detail about what symptoms you experience.
If you don’t want personal information on the ESA letter, make sure to let the LMHP know this when they are creating the letter for you.
Is an ESA Right for me?
An ESA’s support and comfort can truly help you better cope with your symptoms. However, it’s important to remember that taking on an ESA does come with a lot of responsibility.
As their owner, you need to ensure you can provide them with a good quality of life and fulfill all the obligations that come with pet ownership, such as grooming, training, and exercising them.
You should also consider whether a service animal would be better suited to your needs. A service animal can perform specialized disability-related tasks that can help mitigate symptoms. Thanks to their additional legal privileges, a service dog can also be by your side to support you wherever you go.
If you’re not sure which kind of support animal is right for you, reach out to your LMHP and ask for their thoughts and guidance. You can also reach out to service dog charities to learn more about how a service dog can help you and what the process of getting one entails.
Getting to Know West Virginia’s ESA Laws
While an emotional support animal may not be entitled to the same rights as service animals in West Virginia, they do still benefit from some legal protections.
More specifically, they are protected under the Fair Housing Act and have the right to live with their owners in rented accommodation. They’re also exempt from breed restrictions and can’t be charged pet rent and pet-related security deposits.
An emotional support animal can truly make a difference in the lives of those with disabilities, providing them comfort, reassurance, and confidence — all things that can lessen symptoms.
However, if you’re still unsure whether an ESA is right for you, check out our in-depth ESA guide. You can also browse our blog for plenty more ESA-related resources.