We all love our pet furry friends because they bring joy and companionship into our lives, filling our days with warmth and laughter. When you’re struggling with mental health issues, having a pet who’s always there for you can make a huge difference. Their adorable antics have a way of brightening the dullest of days.
While emotional support animals (ESAs) don’t enjoy as much freedom as service animals, they are granted certain legal protections under laws like the Fair Housing Act.
In this article, we are going to talk about Michigan’s ESA laws. We’ll also give you detailed information about ESAs in general, including the process of obtaining an ESA letter and your responsibilities as an ESA owner.
What Is an Emotional Support Animal?
The primary purpose of an ESA is to help their owner by providing them emotional relief through love and cuddles.
Some would argue that most pets already do that, but an ESA holds a distinct legal designation, which gives them specific rights and accommodations. For example, you can’t move a normal pet into an apartment that has a no-pet policy, but it’s entirely legal for an ESA as long as you have an ESA letter.
For a pet to be designated as an ESA, you need to get an ESA letter from a licensed mental health professional.
Benefits & Privileges of an ESA Letter
ESA letters act like special permits for your fur baby. They give a bit of extra privilege to them in terms of policies and treatment.
The most notable privilege of having an ESA letter is when it comes to housing. Landlords cannot refuse an ESA with a legitimate letter, even if there is a no pets policy, or breed/weight restrictions. If you own an ESA and are looking for a place to rent, the landlord has to provide ‘reasonable accommodations’ for your animal, regardless of their size or breed.
Additionally, you cannot be charged pet rent, or other pet-related fees from your landlord or property manager for having an ESA. Under the Fair Housing Act, ESAs are always exempt from these charges as they’re not pets, they’re assistance animals.
Getting an ESA Letter
You can get an ESA letter from a licensed medical health practitioner. We recommend you get in contact with your local doctor and tell them about your situation. Be honest about what you’re going through and how it affects your daily life. Let them know that you feel much better when your pet is with you.
If you have a diagnosis and the doctor determines that an ESA will help mitigate your symptoms, they will give you the ESA letter.
Keep in mind that each mental healthcare practitioner is different and may have their own policies when it comes to writing an ESA letter. Some may want to work with you for a few sessions before writing it, some will give it to you right away.
Just be sure that the mental healthcare provider is licensed in Michigan if that’s where you live – this is part of what makes an ESA letter valid and legitimate.
Species for an ESA
For most people, an ESA would be either a cat or a dog. However, it’s also possible to own other species, such as rabbits, ferrets, and miniature horses as emotional support animals.
There is no restriction for them to just be cats or dogs, since their primary purpose is to love and heal their owner. The choice depends on your needs and the bond that you have with your pet.
Your Responsibilities as an ESA Owner
Being an ESA comes with a lot of responsibilities. You are responsible for being able to properly provide and care for your animal. This means that you have prepared a proper shelter for your pet if they stay outdoors.
You are responsible for providing food and water to your animal, as well as taking full responsibility when they fall ill to help them get back to a healthier state.
Most importantly, you are responsible for how your ESA behaves around other people. There are federal laws that allow you to have your ESA live with you in an apartment, but you have to be very mindful about not disturbing other tenants.
This means that you’ll have to train your ESAs or at least teach them some basic obedience skills, to ensure that they listen to you.
Federal Laws for Emotional Support Animals
Now, let’s take a look at some of the laws that affect emotional support animals in all states.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) was passed to prevent individuals with disabilities from discrimination. Many people with disabilities have service animals (usually a dog) to help them with various tasks. Some of the tasks these animals are capable of performing include:
- Retrieving objects for wheelchair-bound citizens
- Leading the way for blind owners
- Alerting the owner of an oncoming panic attack
These animals require proper training for these tasks. ESAs, on the other hand, don’t require any sort of training and are only expected to cuddle and play. This is what they are naturally expected to do, and it is how they help their owner cope with their mental health challenges.
Due to these differences, ESAs are not given the same status as service animals. They have limited rights regarding public access. For example, the ADA does not provide ESA owners the right to request reasonable accommodations from businesses that don’t allow pets.
Unlike service animals, ESAs are not completely essential for day-to-day tasks. While it is unfortunate, it’s worth mentioning that businesses have the freedom to decide whether they should allow ESAs or not. That’s why you should always call them and ask about their policies regarding ESAs.
This would save you quite a bit of headache and would ensure that you and your ESA don’t have to face any problems.
Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a blessing for people who own ESAs. The FHA prohibits any discrimination against tenants and home buyers by landlords, sellers and lenders on account of their race, gender, sexual orientation, ethnic background, or nationality. This also includes any discrimination they may face for owning a service animal or an emotional support animal.
What this means is that a landlord cannot refuse to show you or rent out their property to you just because you own an emotional support animal. They are legally required to provide ‘reasonable accommodation’ for your fur buddy.
ESAs are treated as a mental health aid and are allowed in properties that have no-pet policies. This special privilege also prohibits your landlord from charging you extra for pet deposits. This means you can live with your beloved companion stress-free.
There are cases, however, where your landlord may rightfully reject your ESA letter. Rejecting due to the size of the animal or its breed are not appropriate rejections. However, if the animal threatens the safety of anyone in the building, it is legal for the landlord to not accept your application.
The landlord would have to prove how your ESA would be a threat, though, and it would involve a legal process with a court ruling on the matter.
If you believe their revoking is not for the right reasons, you can report to the Department of Housing and Urban Development (HUD). Note, however, that this does not guarantee that their rejection will be revoked.
Workplace Laws for ESAs
ESAs are not legally covered for the workplace – however, some managers and owners may allow you to bring your ESA in if you request it as a reasonable accommodation. You’ll have a better chance with this if your place of work already allows pets.
Emotional support animals can play a critical role in improving your mental health and stress levels during work, which can also result in better productivity and accomplishments. If you inform your management about this, they may be more inclined to allow you to bring your ESA in during shifts.
You will require an ESA letter signed by a licensed mental health professional to show to your employer in order for you to bring your ESA to work. You may also have to fill out a form and demonstrate that your ESA won’t inhibit operations.
Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) protects service animals against discrimination from airlines. It gives them the right to travel with their animals.
Airlines are responsible for providing ‘reasonable accommodation’ for the service animal and the owner. In most cases, this means a separate seat for the animal. The airline is also responsible for properly training their staff for the onboarding and offboarding of service animals. They are required to facilitate the animal and owner properly during flight.
The ACAA originally included ESAs as well, but it was amended in 2020 and now only applies to service animals.
Michigan State Laws for ESAs
All the above mentioned laws are applicable to the state of Michigan. While most states give conditional access to animals, Michigan does not allow any access to emotional support animals in air travels. This means air travel is not an option if you want your ESA to accompany you.
Not everything is restricted, though. While Michigan has stricter policies for air travel, ESA owners have a lot more freedom when it comes to public spaces. Most places allow an ESA to accompany you if you have a signed ESA letter with you. As mentioned above, it is important to call a business beforehand to make sure they allow ESAs on their premises.
Difference Between Service Animals and ESAs
Service animals and emotional support animals both support their owner, but they’re not quite the same. Let’s look at how they are different and what their legal requirements are.
Training Requirements
For Americans with legally recognised disabilities, they can own service animals that can help them in day-to-day tasks. Service animals are professionally trained in order to perform critical tasks.
Emotional support animals, on the other hand, are only there for their owner’s mental well-being and do not need nor are provided training. Naturally, this makes any household pet a viable candidate for an ESA.
It’s still important to train your ESA, though. You want it to behave well around other people and animals, especially in an apartment or a restaurant.
Species Requirements
Service animals have strict requirements for the type of species they can be. They generally only are dogs. In rare cases, a miniature horse can also be a service animal. This specific species requirement is in place because of the animal’s intellect in handling critical situations for their owner.
ESAs have a much wider range of acceptance for species – they can be any animal that’s legal to own. You can have an ESA hamster, an ESA mouse and even an ESA bird. Their only criterion for acceptance in this case is whether your doctor believes that having an ESA would be beneficial for your mental health.
Public Access
While ESAs enjoy a good amount of freedom in regards to species and amount of training, they don’t have the same level of freedom as service animals.
With limited public access and a need for an ESA letter always at hand, it can be a little limiting compared to service animals.
Service dogs require no letter whatsoever and also give the owner the privilege of maintaining privacy regarding their disability. This means a business can ask what service the animal performs, but they cannot ask for the animal to perform it or pry for further details about the owner or the animal.
ESAs have conditional access to limited places, and they don’t have the right to enter any restaurant with their owners. They are rarely allowed in cafes and restaurants with no-pet policies.
It is misleading to assume both are the same as they have distinct legal statuses.
Ready to Get an ESA in Michigan?
Now that you know everything there is to know about ESAs in Michigan, do you feel you’re ready to get one for yourself? If you already have a pet that helps you cope with the challenges that come with having a mental health condition, then all you have to do is talk to a licensed mental health practitioner.
Tell them about your condition and how your pet helps you. They’ll issue you an ESA letter, which you can show to a landlord so your pet can move in with you.
Frequently Asked Questions
Do you still have questions about living with an ESA in Michigan? We answer common ones below.
Can I Be Charged Additional Fees for Having an ESA in My Apartment?
No, the FHA prohibits any sort of discrimination done to emotional support animals and service animals. It is the responsibility of the housing provider to provide reasonable accommodation for your ESA. Just make sure you have an ESA letter that you can show to the landlord when you request reasonable accommodation.
Can a Snake Be an ESA in Michigan?
Yes, because an ESA is any animal that brings you emotional and mental relief. As long as the animal does not threaten anyone else’s safety in your vicinity, there is no reason to reject their ESA regardless of their species. If, however, your pet snake poses a threat to other tenants, then there’s a very good chance it could be rejected by the landlord.
Where Can I Find Additional Information on Michigan State’s ESA Laws?
You can check out the Michigan Legislature Section 750.50 to get a better understanding of the responsibilities of pet/animal owners.
If you want to learn more about ESA laws in general, we suggest looking into the Fair Housing Act and the Air Carrier Access Act. While the latter no longer applies to ESAs, the former remains an incredibly important legal framework that outlines the rights for people with ESAs.