Emotional support animals (ESA) assist their owners providing companionship, comfort, and support in order to relieve the symptoms of a mental health condition or disability. They are an irreplaceable part of their owner’s lives and the state of Maine recognizes the importance of these assistance animals.
The Maine Human Rights Commission, in addition to federal laws that apply in the state of Maine, gives specific protections to emotional support animals and ensures individuals aren’t discriminated against because of their ESA. If you’re an ESA owner or qualify for one, knowing ESA laws in Maine is a must.
Our article will guide you through Maine’s emotional support animal laws, including ESA laws on housing, air travel, and public accommodation in the state.
What Is an Emotional Support Animal in Maine?
An emotional support animal is an assistance animal that provides their owner with support, comfort, companionship, and routine through their presence alone. Any individual with a mental health condition or another disability may qualify for the addition of an ESA in their life, though a mental healthcare provider licensed in Maine makes final qualification determinations.
Additionally, emotional support animals don’t require any training and they can be any animal legally owned in Maine. While cats and dogs are some of the most common emotional support animals, your ESA could also be a ferret, rabbit, bird, snake, or other non-traditional animal.
What Is the Difference Between ESAs and Service Animals?
Emotional support animals and service animals are two different classifications of assistance animals.
First and foremost, the Americans with Disability Act (ADA) states that service animals must be dogs (miniature horses are sometimes allowed) and they must be trained to help an individual by performing disability-related tasks for their owners.
On the other hand, emotional support animals only comfort their owners with their presence and provide a sense of routine. These animals are not trained, and ESAs are not limited to dogs. Due to these differences ESAs and service animals have different protections under the ADA and other federal and state laws.
In general, the biggest difference in rights is seen in public access laws. Service animals are granted much more wide-reaching access to public and private spaces so that they may accompany their owners no matter where they go. Emotional support animals do not have these same protected rights, and the main protected right of an ESA is the right to fair housing.
An Overview of Emotional Support Animal Laws in Maine
In Maine, federal law grants emotional support animals certain protections, and these laws are upheld by state regulations and the Maine Human Rights Commission. Below, you’ll learn all about the ESA laws in Maine regarding housing, air travel, employment, and more.
Maine Emotional Support Animal Public Access Laws
As we mentioned above, the ADA grants service animals public access rights. The law prohibits businesses that provide goods and services to the general public from denying entry to service animals with their handler, regardless of if the space is an animal-free zone. This public access right applies anywhere the owner is allowed, including government buildings, retail spaces, office spaces, and national parks.
Since the ADA only recognizes service animals, businesses aren’t required to make the same public accommodations to an emotional support animal. They may be denied entry if there’s a no-pet policy, though many traditional ESAs like dogs and cats might be granted access to pet-friendly spaces.
You should always call ahead when thinking about bringing your ESA out with you in public; many public or private spaces may be willing to accommodate your ESA in Maine. Keep in mind that trying to bring a non-traditional ESA, such as a pet rat or snake, out in public with you might present more challenges.
Maine Emotional Support Animal Housing Laws
The federal Fair Housing Act (FHA) protects individuals seeking housing with a service animal or emotional support animal, and it protects renters and buyers against discrimination in the housing rental, purchase, and selling process.
Under this regulation, landlords in Maine cannot deny housing to an individual because of an ESA and must make reasonable accommodations to give them access. These accommodations may include allowing ESAs in housing that has a no-pet policy in place, allowing ESAs despite breed and animal type restrictions, and refraining from charging ESA owners pet rent, pet fees, or additional pet-related security deposits.
Any individual wishing to take advantage of ESA housing accommodations must have a valid ESA letter written by a mental healthcare provider licensed in Maine. Furthermore, there are some exceptions to these housing accommodations – landlords may legally deny ESA accommodations in the following situations:
- You do not have a valid ESA letter
- Your ESA is illegal to own in Maine
- Your ESA cannot be properly cared for in your chosen housing, or your housing accommodation request is unreasonable (such as bringing a flock of chickens into an apartment building)
- Your ESA is out of control, dangerous, or destructive
Maine Emotional Support Animal Air Travel Laws
Airlines in the past had to permit emotional support animals on flights and refrain from charging fees, something that also applied to service animals, and was a regulation set by the Air Carrier Access Act (ACAA). However, with the changes to the ACAA in 2020, these protections now only apply to service animals.
In general, ESA owners must now comply with airline pet policies, including paying pet fees and adhering to animal restrictions for the airline cabin. In some cases, airlines will allow ESAs to still receive the same benefits as service animals, but this is dependent on the airline.
Always check ahead with airline restrictions and learn more about each airline’s ESA or pet policies before booking a ticket for yourself and your companion animal.
Maine Emotional Support Animal Workplace Laws
Countless employers nationwide, including Maine companies, are picking up on the benefits of having pets at work. Unfortunately, employers aren’t required to permit emotional support animals in the workplace.
Under the Americans with Disabilities Act, only service animals are required to be permitted into the workplace with their owners; it’s up to your employer to decide if they allow employees to bring their emotional support animals to work.
Some employers may be willing to make an exception, but this depends on the nature of your job, the workplace, and the type of ESA you have. You can always ask for an accommodation, but you are not legally entitled to receive one with an ESA.
How to Get an ESA Letter in Maine
You can get an ESA letter in Maine from a licensed mental healthcare provider (LMHP), and common conditions that may qualify for the addition of an ESA in your treatment plan include anxiety, depression, stress disorders, phobias, and PTSD.
To explore the possibility of obtaining an emotional support animal, schedule an appointment with an LMHP in Maine. There are also online services, like ours, that can help you get an ESA letter by connecting you with mental health professionals licensed in your state electronically. Simply fill out our ESA consultation form and we’ll connect you with an LMHP in Maine who will see if you qualify.
If you’re already seeing an LMHP, discuss the benefits of emotional support animals and having an ESA as part of your treatment plan as an option. While many mental health professionals know how ESAs can benefit individuals, it may take multiple sessions for your doctor to determine if an ESA is appropriate for you.
Once approved for an ESA, your provider will write you an ESA letter, and you can use this document to request housing accommodations.
FAQs About Maine ESA Laws
Maine ESA laws can be confusing at first glance. We answer the most frequently asked questions about these laws below to help clear up any confusion you might have.
Are Emotional Support Animals Allowed in Restaurants in Maine?
Restaurants and other private businesses aren’t required to make accommodations for an emotional support animal the same way they must for service animals. If the restaurant has a no-pet policy, they can legally deny entry to an ESA. Luckily, Maine is home to many restaurants with outdoor seating areas that permit pets.
Keep in mind that accessing pet-friendly areas with your ESA is easier if you have a traditional support animal like a dog or a cat, rather than an animal like a rabbit, snake, or bird. If accessing pet-friendly spaces is important to you, you may want to consider this when choosing your ESA.
Can Landlords in Maine Ask for Proof of ESA?
Yes, housing providers in Maine can ask for proof of your emotional support animal if you are requesting ESA housing accommodations. Your valid Maine ESA letter is the key to these accommodations, and landlords will generally not take your word that your companion animal is an ESA without this document.
Do I Need to Register My ESA in Maine?
Maine doesn’t require emotional support animals to be registered. In fact, there isn’t a legal mandate in any state requiring ESA owners to register their emotional support animal. All you need is an ESA letter. However, registering your ESA has its own benefits, such as being able to prove your emotional support animal’s status immediately online.
Will My Maine ESA Letter Expire?
Maine ESA letters do have expiration dates, typically one or two years after your provider writes this letter for you. You will need to renew your letter before it expires to ensure your ESA stays valid and you stay able to take advantage of emotional support animal housing protections.
Speak to your mental healthcare provider if you have any concerns about your ESA letter’s expiration date.
Wrapping up Maine ESA Laws
Maine emotional support animal laws are protected by federal regulations and state laws. If you are considering adding an emotional support animal into your treatment plan, it’s essential that you know these laws and understand what your ESA rights are in the state.
Your right to protected and fair housing with your ESA is the most important thing to note when considering an emotional support animal in Maine.
If you think you would benefit from an ESA in your treatment plan, contact a Maine licensed mental healthcare provider to learn more about your options.