Oklahoma’s emotional support animal laws aren’t very different from those in other states. There is one federal law, called the Fair Housing Act (FHA), that discusses the rights of emotional support animals (ESAs). The Americans with Disabilities Act (ADA), unfortunately, only applies to service animals, which have a distinct legal status and are different from ESAs.
Nevertheless, ESAs have plenty of rights in Oklahoma, and as an ESA owner, it’s important for you to be aware of them. In this article, we are going to explain Oklahoma’s emotional support animal laws in detail, help you understand how you can get your pet registered as an ESA, and share some other useful information.
How Do I Know if My Pet Is an ESA?
The hint is in the name. Any pet can be an emotional support animal if they are able to provide you “emotional support.” The species doesn’t matter. Your ESA can be a dog, cat, snake, ferret, parrot, or even a mouse. As long as they make you feel happy and keep you from falling apart, they are eligible to become an ESA.
An ESA is meant to help people who suffer from mental health challenges, such as depression, anxiety, panic attacks, post-traumatic stress disorder (PTSD), bipolar disorder, and obsessive-compulsive disorder (OCD).
ESA is a legal status and it entails certain benefits and rights. For your pet to be designated as an ESA, you have to talk to a licensed mental health professional first and get them to write you an “ESA letter.”
An ESA letter is a legal document that explains your diagnosis (though in most cases, it won’t mention what you suffer from to protect your privacy) and how your pet is an important part of your treatment plan. This document is what determines your pet’s status as an ESA.
How Do I Get an ESA Letter?
Getting an ESA letter shouldn’t be too hard. You have to speak to a mental health professional licensed in Oklahoma and tell them about your mental health condition. You’ll have to tell them that your pet is an important source of comfort for you and it’s extremely difficult for you to be without them. Be as honest as you can because your mental health professional needs to know the extent of therapeutic support your pet gives you in order for them to accurately diagnose you.
Once they have determined that your emotional state is highly dependent on your pet, they will give you the ESA letter (it may take a couple of days).
An ESA letter can cost anywhere between $100 to $500. There are many scams on the internet that will try to sell you an ESA letter for as high as $800, but don’t fall for them. The only way to get an ESA letter is to see a licensed mental health practitioner.
If you try to avail any ESA benefits for your pet and it turns out that your ESA letter is false, then you could land yourself in a lot of legal trouble. In the case of living with your pet in an apartment that has a no-pet policy, your landlord could potentially have you evicted since misrepresenting a pet as an ESA is illegal.
Is My ESA Also a Service Animal?
No, in Oklahoma, ESA is different from a service animal. The two main things that distinguish between the two types of animals are the training they undergo and the tasks they perform. Service animals are legally required to undergo training for specific tasks for a person with a disability.
Service animals perform tasks like assisting people with visual impairments, helping people with mobility issues, notifying people with hearing impairments to sounds like alarms and doorbells, and helping people with other regular tasks such as turning on lights and opening doors.
ESAs, on the other hand, aren’t under any sort of legal obligation to be trained since they don’t have any physical tasks to perform. All they are required to do is give their owners emotional comfort and help them cope with their mental health issues. They only need an ESA letter to be legally designated as an ESA.
Service animals don’t require any such documentation or identification. In case a person’s disability isn’t readily noticeable, they simply have to explain what the service animal’s purpose is and how it helps them. They don’t need any vest or certification.
Another major difference between ESAs and service animals is that the former can be any species, while the latter can only either be a dog or a miniature horse.
Note that even though there’s no training required for ESAs, you still have to make sure that your emotional support animal listens to you and doesn’t display any aggressive tendencies around other people and animals. This is especially important if your ESA lives with you in your apartment. You have to make sure that they don’t disturb other tenants. Otherwise, your ESA letter could be revoked.
We recommend teaching your ESA some basic skills and keeping them on a leash so you always have control over them.
The Developmental Disabilities Council of Oklahoma published a document that includes a helpful table, highlighting the differences between service animals, ESAs, and therapy animals.
Do I Need Any Identification Other Than an ESA Letter?
Legally speaking, there is no other form of identification required. However, there are many online registries that give you an animal ID card and a certification upon signing up with them. An ID card can be helpful if you just want to quickly show someone that your pet is an ESA, but all emotional support animals need an ESA letter to be valid.
Online registries can also help you get in touch with a licensed mental health professional in Oklahoma. They may also have on-staff attorneys to help you with any legal issues.
Whether you should sign up with an online registry is up to you since it’s not legally required. As long as you have your ESA letter, your rights are protected.
Laws That Affect ESAs and Service Animals in Oklahoma
There are three laws that you should know about if you have an ESA or a service animal. These are:
- The Fair Housing Act (FHA)
- The Air Carrier Access Act (ACAA)
- The Americans with Disabilities Act (ADA)
ESAs are only covered under the first one, the FHA. The ACAA was modified in 2020 and thus no longer applies to ESAs. It gives service animals the right to travel with their owners in the cabin of a plane.
The ADA gives extensive rights to service animals when it comes to public spaces. Unlike ESAs, service animals are allowed to accompany their handlers to various places, such as restaurants, hotels, cafes, universities, and public transportation.
Let’s take a look at the three laws in detail:
1. The Fair Housing Act (FHA)
The FHA is meant to protect people from discrimination based on gender, ethnicity, mental and physical disabilities, color, and other characteristics in housing. It allows people who own ESAs and service animals to enjoy housing-related privileges in the same way other people do. They can request reasonable accommodations, giving their pets a chance to live with them even in apartments that have a no-pet policy.
To make sure your ESA is able to move in with you, you have to show the landlord proof of your ESA letter when making the request for reasonable accommodation. The FHA prohibits landlords from charging people with ESAs a pet deposit or a cleaning fee. They could, however, impose some restrictions on the size and breed of the ESA, especially if the apartment doesn’t have a lot of space.
Your request can be denied if the landlord proves that it causes undue financial hardship on them or modifies their operations in some way. It’s important to keep an open line of communication with your landlord so you know what they expect from you and your ESA. Before you move your emotional support animal in with you, it’s a good idea to ask the landlord if there are any places in the building where ESAs aren’t allowed.
The FHA also gives you the right to have your ESA live with you in university housing. Different universities may have a different process for requesting reasonable accommodation so it’s best to check their official sites for more information. You may also be able to find information on areas that aren’t open to ESAs.
Also note that even though there is no cleaning fee or pet deposit for emotional support animals, you will have to pay for any damages caused to the property by your ESA. That is why it’s so important to train your pet to be well-behaved all the time.
2. The Air Carrier Access Act (ACAA)
As mentioned above, the ACAA no longer applies to ESAs. Before 2020, airlines were legally required to provide reasonable accommodation to people with ESA letters. Now, the law is only applicable to service animals.
In Oklahoma, whether your ESAs are allowed on a plane is at the discretion of the airlines. Before you leave for the airport, we recommend giving the airline you’re flying with a call to see if they allow ESAs. There are many airlines that will permit your ESA to fly with you in the cabin if you have an ESA letter, but they may charge an extra fee and they may not always allow dogs of a larger size.
3. The Americans with Disabilities Act (ADA)
The ADA gives service animals complete freedom when it comes to public spaces. They can go anywhere with their handlers, including restaurants and workplaces. Employers are required to make reasonable accommodations so people with disabilities can bring their service animals with them to work if their presence won’t cause any health or safety issues at the workplace.
ESA owners can also request reasonable accommodation from their employer, but they can’t take their ESAs to restaurants and cafes. There may be some restaurants that will allow ESAs, but it’s best to check with them in advance to confirm their policies regarding pets
Why Do I Need an ESA?
Having an ESA by your side can help boost your mental health. If you suffer from depression, anxiety, or any other mental health disorder, then an ESA can greatly help you. An ESA can change your life for the better more than simply providing companionship. For instance, your ESA can motivate you to build a healthy routine with their care needs.
ESAs are prescribed by healthcare professionals. If you feel that it’s hard for you to be without your pet, then we suggest talking to a licensed mental health practitioner as soon as possible. Only they can determine whether or not you need an ESA.
If you’re moving out because of college or planning to move into a new apartment that has a no-pet policy, then you may not be able to take your pet with you. The only way they can move in with you is if you have an ESA letter that says your pet is an emotional support animal and is a part of your treatment plan.
Familiarize Yourself With Oklahoma’s Emotional Support Animal Laws
Once you have familiarized yourself with Oklahoma’s emotional support animal laws, you are ready to speak to a professional who can write you an ESA letter. Just make sure it’s a licensed mental health professional in your state so you can get a legit ESA letter.
According to the Fair Housing Act, your ESA can live with you in an apartment and university housing even if they have a no-pet policy. All you have to do is show the landlord or the university administration proof of your ESA letter.
They may have some restrictions in place regarding the animal’s size and breed, but it’s very unlikely for them to reject your request for reasonable accommodation. Service animals have more privileges than ESAs because of the nature of the work they do. They are allowed to go anywhere with their handlers, while ESAs are only allowed in apartments and university housing. Nevertheless, your pet can move in with you and you two can start living a happy life!