With nearly 200,000 residents having a mental health disability, from depression to post-traumatic stress disorder, emotional support animals aren’t uncommon in Hawaii. These animals are beyond pets and help their owners cope with their symptoms in their day-to-day lives.
Federal law recognizes the importance of emotional support animals and grants them certain protections. The Fair Housing Act (FHA) allows those with a mental disability to live with their emotional support animal, even if the rental agreement has a no-pet clause.
These federal law protections apply in all states, including Hawaii, but what about the State Legislature? Our article will cover everything you need to know about Hawaii ESA laws while providing a general overview of emotional support animals, how they are different from service animals, and how to get an ESA letter in Hawaii.
What Is an Emotional Support Animal?
An emotional support animal (ESA) is a pet that comforts their handler through companionship. An ESA can be any pet you can legally have in Hawaii, but not every pet can become an emotional support animal.
While every pet provides comfort to their owners to a degree, this alone doesn’t grant pets the emotional support animal status. For a pet to become an emotional support animal, they must have an owner with a qualified psychiatric disability.
Furthermore, individuals with a disability must get an emotional support animal letter from a mental health professional licensed in Hawaii for the law to recognize their pet as an ESA. This letter is a simple document that essentially prescribes the individual with a pet to alleviate their symptoms.
Difference Between ESAs and Service Animals
Hawaiians with a mental disability can have both an emotional support animal and a service animal to assist them with their condition. However, they are not the same when it comes to how they help their owners and as far as both federal and Hawaii state law is concerned – more on their legal differences below.
Emotional support animals simply provide companionship, while service animals accomplish tasks to help their handler with a disability. For example, psychiatric service animals can recognize the onset of an anxiety attack and provide deep pressure therapy or create distractions – such tasks are beyond what most ESAs are capable of.
Another difference between ESAs and service animals is the type. ESAs can be any pet the individual is allowed to have in Hawaii, but service animals must be dogs trained to assist their handler with a disability. That said, while you can have an emotional support cat or rabbit, you can’t have them as a service animal.
Since service animals perform tasks crucial to the well-being of their handlers, federal law grants them public access rights. A service animal can enter any space their handler is allowed, including places where pets are generally prohibited, such as government buildings, restaurants, and shops.
The same can’t be said for emotional support animals. It’s up to businesses and other establishments to decide if they allow ESAs.
A Quick Overview of Hawaii Emotional Support Animal Laws
Like many other states in the US, Hawaii doesn’t have a statewide law that governs emotional support animals. However, emotional support animals have a place in federal law. The Fair Housing Act protects the housing rights of emotional support animals.
This law allows individuals with an ESA letter to request reasonable accommodation for their emotional support animals. Even if the rental agreement includes a strict no-pet clause, federal law prohibits landlords from denying housing to those with an ESA letter from a licensed mental health professional.
While this is the main topic of conversation for most people with an ESA, there’s more to emotional support animal laws in Hawaii, despite the state not having specific laws. Below, you’ll learn all the ESA laws in detail regarding housing, air travel, and more.
Hawaii Emotional Support Animal Housing Laws
As mentioned, there aren’t state-specific Hawaii ESA housing laws. As a Hawaii resident, you’ll need to refer to the Fair Housing Act to know what protections emotional support animals have.
Housing Laws for Rental Properties
The Fair Housing Act clearly states that individuals with a mental disability who have a valid ESA letter from their mental health professional can request reasonable accommodation for their emotional support animals. Even if the housing provider has a no-pet policy in the rental agreement, they can’t deny this request.
When renting a residential property in Hawaii, you can let your landlord know that you have an ESA, and they must accommodate your emotional support animal. Since denying housing to an individual with an emotional support animal would be a clear discrimination, this can’t affect their decision to let you rent the property.
Buying a Condo, Apartment or Townhouse in a Pet-Restricted Building
The above applies to rental properties with a no-pet clause in the rental agreement. What about buying a condo, apartment, or townhouse in a pet-restricted building?
The same protections are granted to emotional support animals per the Fair Housing Act. Those with a valid ESA letter can present it to the building management to show the status of their emotional support animal.
In some condominiums and apartment complexes, there’s a building-wide decision that restricts certain breeds or places a weight limit on pets. Emotional support animals aren’t subject to these, as they aren’t considered as pets.
Those with an ESA letter can legally live with their emotional support animal in their condo, apartment, or townhouse with such restrictions in place.
Exceptions to Housing Rights of ESAs
It’s important to note that there are limits to the housing rights of emotional support animals. The housing provider has the right to deny accommodation if the presence of the ESA causes undue hardship, such as being too large for the property or causing disturbance due to excessive noise.
For example, the housing provider can deny accommodation to a miniature horse when renting a tiny studio apartment. Also, the presence of the animal can’t cause a health or safety risk to other residents. The landlord can legally deny accommodation if the ESA acts aggressively and exhibits behavioral issues.
What About University Housing?
The housing laws around emotional support animals for university housing are a bit different. If you’re renting an off-campus apartment run by a Hawaii university, you can request reasonable accommodation for your ESA as you could with any other housing provider.
For dormitories, allowing emotional support animals is at the discretion of the university. Since dorms and campus buildings are typically considered public areas, only service animals can accompany their handlers without the approval of the university.
Those wishing to live with their emotional support animal in a dorm must submit relevant documents, such as an ESA letter, to the university and get official accommodation first. Even though permission is usually granted, consider how well your ESA will adapt to living in a dormitory before bringing them to live with you.
Filing a Fair Housing Act Complaint in Hawaii
If you believe you’ve been denied housing unlawfully, you can file a complaint through the Department of Housing and Urban Development. You can also call (808) 536-4302 to get assistance.
The federal government, as well as state governments, has plenty of information available online to educate housing providers regarding fair housing laws. You can refer your landlord to these resources. Doing so will ensure your landlord understands the law, which can help you resolve the dispute.
Hawaii ESA Laws for Air Travel
Federal regulations for air travel only permit service animals in the passenger cabin. However, it wasn’t always like this. The Air Carrier Access Act previously gave the same air travel rights as service animals to emotional support animals.
The Department of Transportation updated its laws in late 2020. Since then, only service animals can accompany their handlers in the cabin free of charge without size restrictions. Since Hawaii doesn’t have an ESA law and the federal law doesn’t grant them these exceptions, ESAs must follow the airline’s rules for air travel.
Airline Rules for Flying With an ESA in the Passenger Cabin
Emotional support animals are subject to the same rules as any other pet. Most airlines let pets fly in the cabin with their owners if they can be transported in a suitable carrier. Most airlines have a weight and breed limit on pets flying in the cabin. If your ESA meets these requirements, you can fly with them in the passenger cabin.
For example, United Airlines doesn’t have a breed or weight limit but restricts the carrier dimensions. You can fly with your pet in a soft-sided carrier with maximum dimensions of 11x18x11 inches or a hard-sided carrier measuring 7.5×17.5×12 inches.
If you want your emotional support animal to fly in the cabin, check the airline’s pet policy and the required dimensions for the carrier. Also, you’ll need to inform the airline that you’ll be flying with a pet. As airlines can only allow a limited number of pets in the passenger cabin, you must reserve your spot during the booking process.
Note that regardless of the airline, only small dogs and house cats are permitted to fly in the passenger cabin for flights to Hawaii.
Flying With Larger ESAs
Flying in the baggage compartment as a checked animal is the only option if your ESA can’t meet the airline’s pet policies for flying in the cabin. However, there are also rules for crate dimensions and weight. There may also be breed restrictions for checked animals. Learn the airline’s pet policies thoroughly before purchasing a ticket.
Whether you fly with your ESA in the cabin or baggage compartment, you’ll also need to pay a fee. Depending on the route, this can range between $95 and $200 for each way. Service animals are exempt from such pet fees charged by the airlines.
Pet-Friendly Airlines That Fly to/from Hawaii
Below is a list of airlines with regular flights to and from Hawaii that permit pets on board and in the baggage compartment.
- Hawaiian Airlines
- Delta Air Lines
- Southwest Airlines
- American Airlines
- United Airlines
- Alaska Airlines
Do note that each airline may have varying pet policies on the carrier dimensions, weight, and type for pets flying in the passenger cabin and baggage compartment.
How to Get an ESA Letter in Hawaii?
The process of getting an emotional support animal letter in Hawaii is the same as in any other state. Since only a licensed mental health professional, such as a therapist or psychiatrist, can write a valid ESA letter, you’ll need to speak with one.
There are various ways you can do this. You can schedule an appointment with a nearby mental health professional or go through online therapy services. Considering over half a million Hawaiians live in a community that doesn’t have enough mental health professionals, an online service that will connect you with an LMHP may be a better option.
Either way, you must speak with an LMHP to determine if an ESA is appropriate. If you have a pet and notice feeling comforted by their presence, it’s a good reason for your mental health professional to write you an ESA letter. You can bring this up and ask your mental health professional to write an ESA letter.
Those without a pet can bring up the benefits of emotional support animals and ask their LMHP to consider it as an option. During every evaluation session, it’s important to be honest about your symptoms and life experiences to help your LMHP make the right decision.
Once your mental health professional decides to write you an ESA letter, you can then adopt a pet from a local shelter or rescue organization like the Hawaii Animal Rescue Foundation. When adopting an animal, choose an appropriate pet that will bring you joy – not become a burden. Consider their care needs and how well they fit into your life to make the right decision.
FAQs
Can I Use My ESA Letter in Hawaii?
Yes, you can use an ESA letter issued in another state in Hawaii. You won’t need to get a new ESA letter from a mental health professional licensed in Hawaii. A landlord cannot ask for a Hawaii-issued ESA letter or deny accommodation to your emotional support animal because it isn’t from Hawaii. Also, you can use an ESA letter issued in Hawaii in the continental United States.
What to Do if I’m Denied Rental in Hawaii Because of My ESA?
If you’ve been a victim of discrimination in housing because of your emotional support animal, you can file a complaint through fairhousinghawaii.org or contact the Department of Housing and Urban Development. You can also call the Legal Aid Society of Hawaii to get assistance by dialing (808) 536-4302.
Can You Charge a Pet Deposit for an ESA in Hawaii?
Emotional support animals aren’t considered pets under the Fair Housing Act. Therefore, housing providers cannot charge those with an ESA letter pet fees or deposits. It is unlawful for landlords to ask extra charges for emotional support animals or deny accommodation – unless the presence of the animal causes undue hardship.
What Do I Need to Bring My ESA Dog to Hawaii?
Hawaii is a rabies-free island, and the pet import rules are different from other US states. For all dogs to enter Hawaii, they must be microchipped and vaccinated against rabies. They also need to have an FAVN rabies titer test 30 days before arriving. If you already have a rabies titer test results, it must not be older than 36 months.
Do I Need to Renew My ESA Letter in Hawaii?
ESA letters don’t have a specific expiration date, but landlords have the right to request a new ESA letter annually. So, you may need to get it renewed while staying in Hawaii. To renew an ESA letter, you’ll need to go through the process again with a licensed mental health professional.
Wrapping Up Hawaii Emotional Support Animal Laws
Hawaii ESA laws are pretty straightforward as the state doesn’t have specific emotional support animal laws – federal law applies where appropriate and necessary.
Mental health professionals can only write an ESA letter to individuals with a qualifying mental disability, such as depression or bipolar disorder. Once you get an ESA letter, you can use it to request reasonable accommodation when renting a new house.
Housing providers can’t deny housing to individuals with a valid ESA letter. Hawaii may not recognize emotional support animals, but a landlord denying accommodation would go against federal law.
As for air travel, ESAs don’t have the same exceptions as service animals. Those flying with an emotional support animal must follow the airline’s pet policy and pay a pet transportation fee.