Emotional Support Animal (ESA): How to Qualify and Legal Rights

What is an Emotional Support Animal?

An emotional support animal,  or support animal can alleviate and support individuals with emotional disabilities. ESAs are not required to undergo specific training, unlike service animals, who are specifically trained to carry out tasks. ESAs are expected to be well-behaved and not display aggressive behavior, cause noise complaints, or damage property within their housing situation. ESAs are a type of assistance animal that helps mitigate the symptoms of mental or emotional disabilities such as depression, anxiety, and post traumatic stress. A licensed mental health professional typically prescribes such assistance animals as part of an individual’s treatment plan. The prescription is an official document called an emotional support animal letter, or an ESA Letter. This document confirms that an individual has a legitimate need for their companion animal's support and entitles them to certain rights under federal law.

What are the Benefits of Emotional Support Animals?

The benefits of Emotional Support Animals are numerous and they range from generalized emotional, mental, and physical to practical aspects of everyday living.

• Reduced stress: interacting with a pet can lower stress levels because playing with animals such as dogs and cats, petting them, and establishing routines could give a sense of fulfillment and happiness. 
• Less generalized sense of anxiety: having a companion animal can alleviate feelings of loneliness and isolation, thus improving the overall emotional status of their owners 
• Increased sense of motivation in everyday life: establishing healthy patterns and routines with your animals –feeding times, taking them on walks, letting them out– 
• After obtaining the necessary documentation attesting that your pet is an ESA, the major practical benefit that you will experience is going to be housing your pet at no additional costs.

What Types of Animals Can Serve as an ESA?

The types of animals that can serve as an ESA can be varied. The most common ones are: 

• Dogs
• Cats
• Rabbits*
• Ferrets
• Rats
• Mice
• Hedgehogs
• Miniature Ponies
• Pigs
• Mini horses

*Disclaimer: The CertaPet team of Licensed Mental Health Professionals approves ESA letters strictly for dogs, cats, and rabbits, no other animal will be taken into consideration.

Are Dogs the Best Emotional Support Animal?

No, dogs are not the best emotional support animals, but they’re among the most common. ESAs are expected to be well-behaved and manageable in public situations and shouldn’t constitute a nuisance at home.  Dogs are an extremely popular option to become ESAs because emotional support dogs tend to be easy to train and are typically allowed in a greater variety of places, such as dog-friendly public parks and other dog-friendly locations.

Are there any Breed Restrictions for Emotional Support Dogs?

No, there are no breed restrictions for emotional support dogs under the Fair Housing Act regulations.

How do Emotional Support Animals differ from Service Animals?

Emotional Support Animals differ from Service Animals because the ESAs do not need to undergo any type of specialized training to carry out tasks. ESAs are meant to be companion animals that help reduce symptoms related to emotional disabilities such as anxiety,  anxiety, depression, social phobias, and more. Service animals, on the other hand, are specifically trained to complete tasks for their owners, for instance: being mobility assistance, retrieving objects, alerting, and more.

Service animals are legally protected under multiple laws and regulations, and they’re allowed public access and traveling rights, while ESAs are only safeguarded under fewer laws, such as the Fair Housing Act.

How to Get an Emotional Support Animal?

To get an emotional support animal, you will need to have your pet certified as an ESA by a licensed mental health professional (LMHP) as part of a treatment care plan.

1. Get in contact with a LMPH, your current therapist or physician to book a consultation to assess your emotional and mental disabilities.Services like CertaPet make this process extremely easy with a full team of LMPHs located in all 50 states that allow you to go through the consultation from the comfort of your home.
2. Once the consultation with a medical profession has taken place, individuals will either be considered as good or bad candidates for receiving an ESA as part of their treatment plan.
3. If a person is evaluated as a good candidate, they will receive an official ESA letter that certifies the person’s need for the ESA.
4. If an individual currently does not have a pet but they’re evaluating getting one and then have it prescribed as an ESA, they should evaluate what type of animal they will be able to take care of, their living situations, and more.

What are the Requirements for Getting an ESA?

To get an ESA, you will need to obtain a legitimate document issued by a LMHP that can identify a pet as an ESA, called an ESA letter.

To obtain an ESA letter, a person has to go through an evaluation process, or screening, with a licensed mental health professional. After the consultation takes place you can either be denied or approved to obtain your ESA.

1. Diagnosis of a Mental Health Condition

What Disabilities and Conditions Qualify for an Emotional Support Animal?

To qualify for a comfort animal, therefore, a licensed mental health professional must first determine that an individual has a mental disability or mental illness as classified by the Diagnostic and Statistical Manual of Mental Disorders (DSM).

ESAs are commonly prescribed to those living with mental disabilities or emotional conditions such as: anxiety disorder, depression, Post Traumatic Stress Disorder (PTSD), panic disorders, bipolar disorder, social phobias

For those who may not already have access to a mental health professional or physician, tele-health can help make the process of getting an emotional support dog easy. Telehealth platforms such as CertaPet improve access to mental health care, with a focus on providing services to individuals who are seeking animal assisted interventions as part of their treatment plan.

Typically, the process of getting an emotional support animal letter from one of these telehealth platforms will begin with an online questionnaire. The online questionnaire serves as a pre-screening to determine if an individual qualifies for an emotional support dog or cat (although other domestic animals like rabbits are also a common option).

The online questionnaire takes only minutes to complete, and if the pre-screening determines an individual qualifies for an ESA, they are then connected to a licensed mental health professional (LMPH) for a consultation. The mental health professional will speak with the individual about their needs, and if the professional believes an ESA will be a beneficial part of the patient’s treatment plan, they will issue an emotional support animal ESA letter. An individual will typically receive immediate access to a PDF version of their emotional support animal letter, which they can print from a home computer. Most telehealth platforms also offer the option of mailing an ESA letter.

2. ESA Letter from a Licensed Mental Health Professional

An ESA letter is an official document signed by a LMHP. An ESA letter can also be prescribed by other health professionals familiar with an individual’s medical condition or a person’s disability, such as a general practitioner or a psychiatrist. 

 An ESA letter takes the form of a prescription. It recommends the use of an emotional support animal as part of a person’s treatment plan when it comes to managing their mental health. Therapists believe their patients can benefit from the therapeutic relationship and emotional comfort that emotional support animals provide.

A legitimate ESA letter must always be printed on the licensed professional’s letterhead and include their licensing information in addition to being signed and dated by the prescribing professional. The ESA letter establishes that the patient in question has a confirmed disability and that an emotional support animal provides them with needed support.

The ESA letter entitles its holder to reasonable accommodation when it comes to housing (meaning an individual cannot be charged a pet fee or pet deposit for having an ESA, nor can they be denied housing in a no-pets property). This reasonable accommodation is made possible because of the Fair Housing Act. Only LMHPs are allowed to write an ESA letter.

Which Healthcare Professionals can Write ESA Letters?

Among the professionals that can write and prescribe ESA letters there are:

• Psychologists
• Psychiatrists
• Physicians
• Licensed Professional Counselors
• Physicians Assistants
• Psychiatric Mental Health Nurses
• Licensed Clinical Social Workers
• Licensed Marriage and Family Therapists

What is the Average Cost for ESA Letters?

The average cost of ESA letters is between $149 and $200, depending on how many letters you’re trying to obtain and for which purpose.

CertaPet offers bundles to get ESA or PSD letters for housing and travel for $199.99 and a single letter for housing or travel for $149.00.

Amendments can be made for $19.99. 

CertaPet prices are competitive and in line with our competitors.

Can you Get an ESA Letter for Free?

No, you cannot get an ESA letter for free. If you find a free emotional support animal letter online, know that it is not legally binding. It has just as much value as a blank piece of paper! The only instance you can get an ESA letter for free is if you already are seeing a LMHP. A therapist you are seeing can issue your ESA letter at no additional charge.

Many (fraudulent) websites use the words “legitimate,” “official,” and “federal” in their name to trick people. Don’t be fooled, what they do is 100% not legal.These fraudsters will tell you that you can print your ESA letter today without any type of consultation with a LMHP, or any further question asked. That’s how you know that they are fake. No matter if it is a paid or free emotional support animal letter, it has no legal value.Not only this type of websites are scams leveraging misinformation on the topic of ESAs, but people found in possession of a fake ESA letter can incur into legal issues.In the United States and Canada, showing a fake ESA letter is a crime, for which individuals can be fined or sent to jail.

Is there an Expiration for ESA Letters? 

Yes, there is an expiration for ESA letters. You should renew the ESA letter annually as part of the treatment care plan. Annual renewal of an ESA letter is crucial for legal, therapeutic, and practical reasons. It ensures that the letter remains compliant with current laws, which is essential for housing and other accommodations. Regular updates also allow healthcare providers to reassess the individual's mental health needs, ensuring that the ESA continues to be a beneficial component of their treatment plan.

CertaPet offers renewal options at discounted prices for one or two letters to guarantee continuity of care.

Can any Animal be an ESA?

Yes, any animal can be an ESA, but a LMHP will have to evaluate how a certain animal helps the individual who is seeking a consultation. A licensed therapist will consider which symptoms will the animal alleviate and how said animal could help a patient in their treatment care plan. So, exotic animals such as sugar gliders, snakes, and certain types of amphibians, birds, and insects could potentially be designated as an ESA. However,  an exotic animal may not be entitled to the same reasonable accommodation as domestic animals, for this reason, mental health professionals will typically recommend that an individual select a domestic animal as their ESA*.

*Disclaimer: The CertaPet team of Licensed Mental Health Professionals approves ESA letters strictly for dogs, cats, and rabbits, no other animal will be taken into consideration.

Is Getting an Emotional Support Animal different for each State?

The process is generally the same for each state, but a few states have specific stipulations that must be followed in order to obtain an ESA. We have built the CertaPet platform to accommodate the state and federal regulations for each state, and you will be notified of those stipulations before purchase when you select one of the following five states: Arkansas, California, Iowa, Louisiana, Montana.

Is there a Limit to the Number of ESAs a Person can have?

There are no legal limitations to the number of ESAs that a person can have, provided that each animal is properly prescribed by a licensed mental health professional. However, the number of ESAs a person can have could be recommended depending on the individual’s situation and any specific restriction your state might have.

What are the major Emotional Support Animal Laws?

The major Emotional Support Animal Laws are listed below.

1. The Fair Housing Act (FHA)

The Fair Housing Act (FHA) Amendments of 1998 states  that ESAs with legitimate accompanying documents are legally allowed to live in no-pet housing including housing that limits your pet’s size or breed. Additionally, you cannot be charged a pet fee or pet deposit.

2. The Air Carrier Access Act (ACAA)Since January 11 2021, under new regulations passed by the U.S. Department of Transportation, the Access Carrier Act was amended so that emotional support animals are no longer considered service animals and their allowance onboard flights vary from airline to airline.

However, you can still obtain an ESA letter for international travel and Canada, which allows for your ESA to fly with you aboard the main cabin.

By law, ESAs don’t have the same federally protected rights as trained service dogs and may not always be able to accompany their owners in public places or on planes, based on the guidelines that the specific establishment or airline has in place. Legally, you do not need to register your ESA. If any ESA Service asks you to sign up for or get “registered” in its database, it’s a fraud.  You do not need a registration or certification to have an emotional support animal. You do, however, need an emotional support animal letter verified by a licensed mental health professional to become an ESA owner. An ESA registration has no legal value whatsoever. Sites that ask you for money but only confirm that your emotional support animal is now registered do not uphold in any court of law and do not apply to the Fair Housing Amendments Act. The only legal documentation that you need for an ESA is an ESA Letter which confirms that an individual has a legitimate need for the support that their companion animal provides and entitles them to certain rights under federal law. 

Do Landlords have Rights with a Tenant that has an ESA?

Yes, landlords have rights when it comes to a tenant that has an ESA, as well as obligations.

First of all, let’s clarify that, It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose a different application or qualification criteria for those with mental or physical disabilities.

The rental fees, sales price, or rental terms or conditions cannot differ from those required by non-disabled persons.

A landlord is entitled to verify ESA documentation. Tenants must provide documentation from a physician, psychiatrist, social worker, or other mental health professional that their animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability.

This does not mean that any animal providing some benefit to a tenant must always be accepted. The mental health professional must connect the tenant’s possession of the animal with an alleviation of at least one symptom of the disability. Landlords are protected insofar that they can deny aggressive or noisy animals and still charge for damages and cleaning fees after the fact, just not upfront. 

Landlords are more than welcome to verify an ESA letter. The letters should come on the professional letterhead of the mental health professional and must  include their contact information, phone number, and email address. The letter will also include the therapist’s license number.

How can a Person Travel with an Emotional Support Animal?

A person can no longer travel with their ESA aboard the main cabin of major airlines for domestic flights. On December 10, 2020, the United States Department of Transportation published a new law in the Federal Register. This law issued new guidelines to airlines where it concerns Emotional Support Animals. The Federal Register defines: “a service animal as a dog…that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”

However, the law  “allows airlines to recognize emotional support animals as pets, rather than service animals.” So, most domestic airlines in the U.S. will now charge fees to travel with your pet aboard the main cabin, and only dogs and cats are allowed. In many cases, there are also size limitations when it comes to domestic pets that are allowed to travel safely with their owners.There are different rules for international travel Canada, for which it is still possible to fly with your ESA for free. CertaPet prescribes ESA letters to travel with your ESA outside of the US. In conclusion, you will still be able to travel with your ESA for a fee which depends on the airline. Here are the steps to take before boarding a plane with your ESA.

• Check Airline Policies, fees, size and breed limitations vary from airline to airline
• Book in Advance, give the airline you’re traveling with at least a 48 hour notice advising them that you will have your ESA with you
• Obtain Necessary Documentation, make sure you have the necessary medical documents for your pet to travel safely
• Use an Approved Carrier, each airline has specific regulations when it comes to the type of carriers and how many they can carry on each flight
• Follow TSA Guidelines
• Bring Comfort Items, make traveling as comfortable as possible for your pet by bringing treats, toys, and by having them relieve themselves in airport designated areas

Which Airlines Allow Emotional Support Animals?

There are some private jets and some international flights that will allow ESAs on board of the main cabin. Please check with these airlines and see what that would entail. Keep in mind that CertaPet therapists only have jurisdiction in the United States, and laws regarding ESAs and service animals may be different in other countries. Canadian Flair Air is one of the few airlines which allows ESAs aboard the main cabin. For domestic flights in the US most airlines will charge a fee each way for individuals to travel with their ESAs.

What are the Best Care Practices for Emotional Support Animals?

The best care practices for emotional support animals are listed below.

• Regular Veterinary Care: Keep up with veterinary visits for ESAs, especially if pet owners are used to traveling with them. Most airlines require up-to-date documentation when it comes to vaccinations and other treatments for dogs and cats.
• Proper Nutrition: Feeding your ESA healthy and balanced food (protein, mineral,vitamins, and carbohydrates) is extremely important to guarantee a longer lifespan, less medical issues, and an overall happier pet. It is also crucial to keep ESAs well hydrated.
• Exercise and Playtime: Ensure the ESA (specifically dogs and cats) get plenty of exercise and playtime. If you have a dog try to take them on regular walks, teach them agility tricks. Provide adequate toys for your pets that will keep them entertained and busy.
• Training and Socialization: Training an ESA is fundamental to ensure that they will help you in social situations. ESAs are supposed to be well-behaved and not cause issues, so a certain level of basic training is required. Commands like “stay”, “recall”, or “leave it” can be extremely useful.
• Safe Environment:Providing a safe environment for your pets is of utmost importance not only for their physical wellbeing but also for their mental wellness. Make sure to remove any harmful object or material from around the house, anything that could be chewed on or injected by pets.
• Routine and Consistency: Establishing a routine in which pets perform specific activities such as eating, going on walks, etc. around similar times can help animals feel secure and happy.
• Mental Stimulation: Engage an ESAs with mental stimuli such as teaching them a variety of different commands.
• Quality Time: Make sure to allocate specific time to dedicate to your ESAs, which include not leaving them alone for extended periods of time, which could negatively impact pets’ mental wellbeing. 

What are the Ethical considerations of having an ESA?

Before trying to have your pet identified as an ESA, there are multiple ethical considerations that individuals should consider.

Consider genuine need: Does the person trying to have their pet recognized as an ESA have a genuine and legitimate need for an emotional support  animal to alleviate a condition that they’re dealing with? If there is no actual need to rely on an ESA as part of someone’s care treatment plan, pet owners should not try to have their animals prescribed as ESAs in order to gain monetary benefits.

You should also consider animal welfare, meaning that individuals should think if they are capable of taking care of and house pets, including ESAs in an adequate and fair manner. For instance, they should consider spacing issues, and the availability of having green areas nearby to allow animals, specifically domestic pets to spend time outdoors.

Respect for Others. People should consider if they are capable of properly training and controlling their animal so they will not represent a nuisance, or worse, a danger to others. This is especially true for ESA owners that live in apartment buildings, where they would need to be able to limit noise disturbances, and any potential aggressive behavior.

Honesty in Documentation. Pet owners should go through the appropriate and legal channels in order to have their pets designated as an ESA. This means that no one should try to claim their pet as an ESA without having had a consultation with a LMHP and having their animal prescribed as an ESA and obtain a legitimate ESA letter.Beware of online scams that either claim to register your pet as an ESA, or offer free ESA letters. These sites are scams and you could be penalized for not having appropriate documentation.

Responsible Ownership. Pet owners should not abuse or misuses having an ESA because their actions and attitude can lead to or increase the already existing skepticism surrounding ESAs, thus making it harder for those with legitimate needs to be taken seriously.

What are the Common Misconceptions about ESAs?

The most common misconception when it comes to ESAs is thinking that they are the same as service animals, and therefore, falling under the same legislations. ESAs are not service animals, thus they: do not have public access rights as service animals; do not fly for free aboard the main cabin on United States domestic flights; require documentation identifying them as ESAs after the evaluation of by a LMHP as it is not the case that any animal in any circumstance can be classified as an ESA

What Challenges are faced by ESA Owners?

Some of the major challenges that ESA owners face are related to the misconception associated with having an ESA. ESAs are primarily protected under the Fair Housing Act (FHA), allowing them in housing with “no pets” policies or pet rent and pet fees. However, landlords are frequently skeptical and may deny ESA requests outright, either because they don’t understand their legal obligations or simply don’t want the hassle of having an animal on the property. While ESAs don’t require specific training, they are expected to behave appropriately, and clients must still clean up after them and cover any damages. This highlights the need for better education and clearer guidelines to support both ESA owners and landlords.