Emotional support animals (ESAs) are important comfort companions for many, and it’s essential to understand your rights if you have an emotional support animal or you are considering adding one to your life. While there are some federal laws that protect emotional support animals, it’s also important to understand state-specific laws that might apply to you and your emotional support animal. Doing this allows you to know what your rights are regarding your ESA and navigate life alongside your companion without stress.
Our article gives you an overview of emotional support animals, federal laws that protect these important companions, and the state laws you might need to become familiar with as you add an emotional support animal to your life.
What Are Emotional Support Animals?
Emotional support animals are a type of service animal, but they are not ‘service dogs,’ as defined by the Americans with Disabilities Act (ADA). Instead of being trained to complete specific tasks that help with an individual’s disability directly like a service dog would be, emotional support animals offer relief from mental health conditions and other disabilities with their presence. ESAs provide support, comfort, and companionship to their owners, but they are not trained in any specific way to help with the individual’s disability.
Another key difference between emotional support animals and service dogs is that ESAs are generally permitted to be any animal, such as a cat, a dog, or even a rabbit. It’s important to note that the animal must be manageable and well-behaved if they enter a public space, but there is a much wider scope of which animal may act as a comfort companion. Service dogs are exclusively dogs, as permitted by the ADA, and they must be trained to complete at least one service task.
Federal Emotional Support Animal Laws
Before we get into state laws, it’s important to understand the federal laws that protect emotional support animals and grant you rights to be with your ESA in certain spaces. Keep in mind that emotional support animals have limited public access rights compared to service dogs, but there are still some laws that help you live and travel alongside your companion with ease.
Fair Housing Act (FHA)
The Fair Housing Act of 1968 is one of the most important federal laws when it comes to protecting your right to live with your emotional support animal. The Fair Housing Act protects assistance animals and allows your ESA to live alongside you even in areas that don’t typically allow animals. In most cases, the individual wishing to live with the ESA in a specific property will need to make a request for accommodations through the landlord or rental agency. The request will typically be for a waiver of a no-pets policy or a waiver of a pet fee or pet rent. As long as the request is reasonable and doesn’t present a significant financial and property burden on the property owner (such as destruction or threats to the health of others), the request will typically be approved.
Keep in mind that individuals seeking these accommodations may have to provide proof that their emotional support animal is needed, such as a letter stating that the ESA is required as part of a treatment plan – details on the disability and what the ESA helps with are not required, and it is not legal for someone to ask for proof in this way.
Air Carrier Access Act (ACAA)
The Air Carrier Access Act is another important act that ensures individuals with disabilities can travel with their service animals but doesn’t necessarily protect ESA rights; these are typically handled on a case-by-case basis, while service dogs are almost always granted access rights.
The ACAA states that individuals who need accommodations on airlines can request them as long as the accommodations are reasonable. Documentation and paperwork might be required to ensure your accommodation is granted, but each airline handles this differently.
Again, it’s important to remember that while you may need to provide proof of your emotional support animal being official, you are not required to give any details about your disability, nor are you required to demonstrate what your ESA does to help you.
Additionally, many airlines have blanket “no ESA” policies, but this doesn’t mean you can’t travel with your ESA. If your ESA meets the requirements for in-cabin pet travel, you may still be able to travel with them, often for a fee. However, if your dog is too big to travel in the cabin with you, they may be able to fly in the cargo hold. Contact your airline in advance for more information on this.
Americans With Disabilities Act (ADA)
While the Americans with Disabilities Act protects service animals, such as service dogs that are trained to help with specific parts of an individual’s disability, this act does not protect emotional support animals. ESAs are considered comfort animals by this act, and comfort animals are not granted the same ADA-protected public access rights that service dogs are.
Emotional Support Animal Laws by State
Every state adheres to federal laws that protect emotional support animals, as these are uniform across all 50 states and the District of Columbia. However, some states may have other varying laws about emotional support animals in addition to the federal laws.
Review the guidelines for each of the 50 states and the District of Columbia below to understand if there are any additional emotional support animal laws you should know about in your jurisdiction.
Alabama
Alabama state law adheres to federal laws for the protection of ESA rights, and there are state laws that back up the rights granted in the Fair Housing Act for both service dogs and emotional support animals. There are no extra state-specific laws regarding emotional support animals, but Alabama law does provide definitions regarding public access rights and service animals. The state allows individuals to turn away emotional support animals in public spaces, as they are not specifically protected in public spaces like service dogs are.
Alaska
The Alaska Equal Rights Act does have provisions for service dogs, but there is nothing specifically mentioned about emotional support animals. Businesses or individuals are legally allowed to refuse ESAs in public spaces, but Alaska law is in line with federal law when it comes to fair housing rights for individuals who need to reside with their emotional support animal.
Arizona
Arizona state laws allow service animals their full public access rights as granted by the ADA, but they do have some restrictions when it comes to taking service animals into areas such as zoos. Emotional support animals are not specifically protected under state laws, and businesses or public spaces are allowed to have “no pets” and “no emotional support animal” policies, though service dogs are exempt from these policies. Emotional support animals are protected by fair housing rights in the state.
Arkansas
Arkansas has a wider range of animals that they allow to be classified as service animals (miniature horses are allowed), but there are no state-specific laws that issue the protection of emotional support animals in public places. However, ESAs are protected by the Fair Housing Act and Arkansas state law that ensures individuals are able to receive accommodations such as living with their emotional support animal.
California
California has several state laws and acts that protect the rights of individuals with disabilities to keep their service animals with them at all times—some of these laws do extend rights to individuals with their emotional support animals. In addition to fair housing laws, California law protects the rights of individuals to keep their ESA with them in the workplace.
Colorado
Colorado law protects the public access rights of service animals in accordance with the ADA, but there are no additional laws that protect emotional support animals. Fair housing rights are granted to both service animals and emotional support animals in this state.
Connecticut
Connecticut law supports the ADA’s protections of service animals and reinforces these public access rights with their own state-specific laws. Emotional support animals are not granted any additional public access rights by Connecticut law, but they do have fair housing rights.
Delaware
Emotional support animals are considered comfort animals in Delaware and are not necessarily granted public access rights. Individuals and businesses have the right to turn away ESAs, but they must allow service animals. In Delaware, emotional support animals are granted fair housing rights along with service animals.
District of Columbia
Washington, D.C. law adheres to the ADA and grants public access rights to service dogs. State law provides additional definitions about where service animals are legally granted public access rights. The District of Columbia does not have any additional laws governing emotional support animals, and ESAs are not granted the same public access rights as service dogs in the state, but ESAs are granted fair housing rights.
Florida
Florida state law covers protections for service animals that adhere to ADA regulations requiring service animal access to public areas, but the state does not consider ESAs service animals. ESAs in Florida are granted fair housing rights but are not legally required to be accepted into public areas the same way service dogs are.
Georgia
Georgia state law provides specific definitions about public accommodation areas and service animals, and the state’s laws are in line with the ADA’s regulations regarding service animals. Unfortunately, emotional support animals don’t meet the definition of service animals as recorded in Georgia state law, so they are not granted public access rights. However, ESAs do have fair housing rights in Georgia protected by state law and the Fair Housing Act.
Hawaii
Hawaii law doesn’t specifically protect emotional support animals the way it protects service animals, which the state and the ADA define as an animal trained to complete a specific task for a person’s disability. The only protection that Hawaii law offers are fair housing rights for emotional support animals in accordance with the Fair Housing Act.
Idaho
Idaho state law is more limited in its protections of service animals, and only individuals with mobility-related disabilities have additional protections for their service animals in public. That being said, businesses in the state are still required to adhere to the ADA’s protections for service animals that help with any kind of disability. Emotional support animals in Idaho are only protected by state and federal fair housing laws.
Illinois
Illinois state law provides extensive additional definitions on service animals and adheres to ADA regulations for service animals, but no additional protections are in place for emotional support animals. Public spaces are not required to accommodate ESAs, but emotional support animals do have fair housing rights in the state.
Indiana
Indiana state law does not have additional provisions for emotional support animals, though service animals are protected by both state law and the ADA. In Indiana, emotional support animals do have fair housing rights.
Iowa
Emotional support animals are not granted any additional state protections or public access rights similar to service animals in Iowa, though the state does protect service animals with specific laws in accordance with the ADA. Emotional support animals in the state only have fair housing rights.
Kansas
Kansas has specific public accommodation laws for service animals, and the state adheres to ADA regulations for service animals, but there are no additional protections for emotional support animals in public areas. Kansas does protect ESAs with fair housing rights in accordance with the Fair Housing Act.
Kentucky
Kentucky state law provides specific definitions regarding public access rights and service animals, and these laws coincide with the regulations set forth by the ADA. Emotional support animals do not have any public access protection rights under Kentucky state law, though they are protected for fair housing rights.
Louisiana
Louisiana has specific state service animal laws that further define and protect public access rights for service animals, but emotional support animals are not considered service animals by the state. Emotional support animals in Louisiana do have protections for fair housing rights under the Fair Housing Act.
Maine
Maine’s Human Rights Act ensures individuals with disabilities are protected with their service animals for public access and housing rights. Emotional support animals in the state are not granted specific public access rights, but their housing rights are protected under the Fair Housing Act.
Maryland
Maryland law protects service animals and their public access rights in accordance with ADA regulations, but emotional support animals are not granted any specific public access rights under the state’s laws. However, ESAs in Maryland do have fair housing rights that adhere to the regulations set by the federal Fair Housing Act.
Massachusetts
In Massachusetts, public access rights are granted to service animals and protected by the ADA and state laws, but these rights are not granted to emotional support animals, as ESAs don’t have the training to help with a specific part of someone’s disability. Emotional support animals in Massachusetts do have housing rights under the Fair Housing Act.
Michigan
Michigan state law protects the public access and housing rights of service animals and only the housing rights of emotional support animals. The state’s laws adhere to regulations set forth by the ADA and the Fair Housing Act in addition to providing state-specific definitions regarding service animal rights.
Minnesota
Minnesota does have an equal rights law that ensures protections and public access rights are in place for service animals. However, these rights are not extended to emotional support animals, as they are not trained to complete specific disability-related tasks. Emotional support animals in Minnesota do have fair housing rights.
Mississippi
Emotional support animals are not specifically protected in Mississippi under state law, though service animals do have state law protections in addition to ADA protections. Emotional support animals in the state have fair housing rights protected by the Fair Housing Act.
Missouri
Missouri state law does not have any additional protections for emotional support animals, as these animals are considered comfort animals and not service animals by the state. However, emotional support animals are protected by the Fair Housing Act in Missouri.
Montana
Montana state law provides protections for service animals that align with the regulations set forth by the ADA, but emotional support animals don’t count as service animals in the state. Public spaces are not legally required to accommodate emotional support animals, though ESAs do have housing rights protected by the Fair Housing Act in Montana.
Nebraska
Nebraska has state-specific civil rights laws that provide state protections for service animals in addition to the ADA’s protections. However, the state does not consider emotional support animals service animals, and ESAs in Nebraska are only protected by the Fair Housing Act.
Nevada
Emotional support animals are not protected by any state-specific law in Nevada, and they are not granted the same public access rights as service animals under the ADA and Nevada state law. However, ESAs in this state do have fair housing rights as put in place by the Fair Housing Act.
New Hampshire
New Hampshire doesn’t require public accommodations to allow emotional support animals; only service animals are given these public access rights according to state law and the ADA. However, emotional support animals in the state do have housing rights protected by the Fair Housing Act.
New Jersey
New Jersey state law provides definitions for both service animals and emotional support animals, though only service animals have public access rights protected by state laws and the ADA. Emotional support animals don’t have protected public access rights, but they do have protected housing rights in New Jersey under the FHA.
New Mexico
New Mexico state law specifically excludes emotional support animals or comfort animals from their protections of service animal public access rights. However, emotional support animals in the state are protected by the Fair Housing Act, and owners must be permitted reasonable accommodations to live with their ESA in New Mexico.
New York
In New York, state laws provide specific definitions for service animals that elaborate on the regulations set by the ADA. Emotional support animals are excluded from the wide-reaching public access rights that service animals have in the state, and reasonable accommodations must be made for individuals that wish to bring their ESA to work with them. Fair housing rights are also granted to emotional support animals in New York.
North Carolina
North Carolina state law reinforces the rights to public access for service animals set forth by the ADA. Still, state law doesn’t include any emotional support animals in these definitions, as ESAs are not trained to complete specific tasks for their owners. However, emotional support animals in North Carolina do have protected housing rights under the Fair Housing Act.
North Dakota
North Dakota state law doesn’t provide any additional rights for emotional support animals; only service animals have protected public access rights in the state. Emotional support animals in North Dakota have housing rights per the Fair Housing Act.
Ohio
Ohio state law has several specifications about service animals and which animals qualify as service animals, in addition to granting psychiatric service dogs the same public access rights as guide or mobility service animals. The state does not count emotional support animals as service animals because they are not trained, though ESAs do have housing rights in Ohio protected under federal law.
Oklahoma
Oklahoma has an equal rights law that protects service animals and their public access rights in accordance with the ADA, but emotional support animals are not included in these definitions. Emotional support animals in Oklahoma do have housing rights protected by the Fair Housing Act.
Oregon
Oregon state law provides additional definitions and regulations for service dogs and their public access rights, and these laws are in accordance with the ADA’s regulations. Emotional support animals are not specifically trained and don’t qualify as service animals in Oregon, though they do have housing rights protected by the federal Fair Housing Act.
Pennsylvania
Pennsylvania state law ensures that public areas adhere to both state and federal accommodation requirements for service animals. Emotional support animals aren’t regarded as service animals in the state because they are not trained, so they don’t have general public access rights. However, ESAs in Pennsylvania do have federally protected housing rights.
Rhode Island
Emotional support animals are not granted any additional protections by Rhode Island state law, and they are not considered service animals in the state due to a lack of disability-specific training. Emotional support animals in Rhode Island are protected under the Fair Housing Act and granted housing protections.
South Carolina
South Carolina state law doesn’t specifically cover emotional support animals, and ESAs are not granted public access rights by state law the same way service animals are. State laws on service animals in South Carolina are in accordance with ADA regulations, and emotional support animals are granted federal housing rights via the Fair Housing Act.
South Dakota
South Dakota state law doesn’t provide any additional protections for emotional support animals, and these companions are not considered service animals by the state. ESAs don’t have general public access rights the same way service animals do in South Dakota, but they do have federally protected fair housing rights.
Tennessee
Tennessee’s state laws regarding service animals provide additional definitions about what is considered a service animal, and emotional support animals don’t meet these criteria. While ESAs in the state aren’t granted general public access rights in accordance with the ADA, they do have housing rights protected by the FHA.
Texas
Emotional support animals are excluded from Texas’s service animal rights laws and general public access as regulated by the ADA, but these companions do have fair housing rights in the state. ESAs are protected under the Fair Housing Act in Texas.
Utah
Utah doesn’t provide any additional protections for emotional support animals, and state law does not include emotional support animals as a type of service animal that should be granted public access rights. However, ESAs do have housing rights protected by the Fair Housing Act in Utah.
Vermont
Emotional support animals are not explicitly protected under Vermont state law. They do not count as service animals in the state because they are not trained to help with a specific aspect of someone’s disability. However, emotional support animals in the state do have housing rights protected by the federal Fair Housing Act.
Virginia
Emotional support animals are specifically excluded from the Virginia state law definition of service animals. These companions are not granted public access rights in the same way that service animals in the state are. Emotional support animals in Virginia do have housing rights protected by the Fair Housing Act.
Washington
In Washington, emotional support animals are not considered service animals and are not protected by specific state laws or the ADA when it comes to public access rights. However, emotional support animals are federally protected under the Fair Housing Act, and reasonable accommodations must be made for individuals to live with their ESA.
West Virginia
West Virginia state law doesn’t provide any additional regulations for emotional support animals. Under state law and the ADA, they are not granted the same public access rights as service animals. That being said, emotional support animals are granted housing rights in West Virginia as protected by the Fair Housing Act.
Wisconsin
Wisconsin state law doesn’t grant emotional support animals the same rights as service animals, and it doesn’t specifically protect the public access rights of emotional support animals the way it does with service animals. However, the Fair Housing Act grants emotional support animals in Wisconsin equal housing rights and reasonable accommodations for housing in the state.
Wyoming
Wyoming state laws don’t specifically protect emotional support animals, so they are not granted the same public access rights as service animals. However, emotional support animals in Wyoming do have federal housing protections under the Fair Housing Act.
How Do I Get an Emotional Support Animal?
If you believe that an emotional support animal would benefit you, your first step is to speak with your doctor or therapist. A medical professional can work with you to design a care plan for your disability that includes your emotional support animal and will point you in the right direction for getting this process started.
It’s important to keep in mind that once you adopt your emotional support animal or begin to transition your pet into an emotional support animal, you will need certification of this. Documentation and paperwork regarding the existence of your disability and the need for your emotional support animal are key to accessing your housing rights and living comfortably with your ESA, no matter where you may be moving to or the state where you are living.
Is It Illegal to Pass off an ESA as a Service Animal?
Many of the above states have provisions for protecting service animals, which are generally defined as a service dog or a miniature horse, along with some limited protections for emotional support animals. However, some states also have laws making it illegal to attempt to pass off your emotional support animal or another animal as a service animal.
States with such laws include California, Colorado, Florida, Idaho, Kansas, Maine, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas, Utah, Virginia, and Washington.
Understanding Your ESA Rights
While emotional support animals are not considered service animals in most states and have limited public access rights, they are still important companions that do a lot of good with the comfort they provide. If you have an emotional support animal or you are interested in adopting one, it’s essential to understand the rights you and your ESA have in your state.
Once you know where you may be permitted to take your ESA and verify your fair housing rights, you can pursue the accommodations you need to live comfortably alongside your emotional support animal, no matter what.
