Emotional Support Animals (ESAs) and Service Animals (SAs) serve different roles and are regulated differently under federal and state laws. Here’s a breakdown of the key differences between ESA and Service Animal regulations:
The topic of service and support animals is complex and cannot be fully addressed in a single article. This information is not intended as legal advice. If you have questions or encounter challenges, it’s essential to seek guidance from legal professionals with expertise in Fair Housing law. Property owners and managers must understand that failing to comply with Fair Housing regulations regarding assistance animals carries significant risks. As your property management partner, we are committed to staying informed about the latest Fair Housing legislation and ensuring compliance to safeguard your investments.
1. Definitions
Service Animal (SA): Defined under the Americans with Disabilities Act (ADA) as a dog (or in some cases, a miniature horse) that is individually trained to perform specific tasks or do work for a person with a disability. Their tasks must directly relate to the person’s disability (e.g., guiding a visually impaired person or detecting seizures).
Emotional Support Animal (ESA): Provides comfort or emotional support to individuals with mental health conditions but does not require specific training to perform tasks. They are typically dogs or cats but can be other animals.
2. Legal Protections
When you want to visit a business or public place
Service Animals: These animals are allowed in all public places (restaurants, stores, schools, etc.) under the ADA.
Businesses can only ask:
1. Is the animal required because of a disability?
2. What tasks has the animal been trained to perform?
Businesses cannot require documentation or certification.
ESAs: Are not granted public access under the ADA. They are allowed in housing and sometimes airplanes (subject to airline policies), but not in places like stores or restaurants.
When looking for housing (rentals)
Service Animals: Are fully protected under the Fair Housing Act (FHA) and must be accommodated without pet fees.
ESAs: Also protected under the FHA. Landlords must make reasonable accommodations, even for properties with no-pet policies. However, tenants may need to provide a letter from a licensed mental health professional and exotic animals may be excluded.
When Traveling
Service Animals: Allowed on flights under the Air Carrier Access Act (ACAA) without extra fees, as long as they behave appropriately.
ESAs: As of 2021, no longer recognized as service animals under the ACAA. Airlines can treat ESAs as regular pets and impose fees or carrier requirements.
3. Training Requirements
Service Animals: Must be trained to perform specific tasks related to the handler's disability. There is no official certification or registration is required, but the animal must behave in public.
ESAs: No training required. Their primary role is to provide emotional comfort and support.
4. Misrepresentation Penalties
Many states, including Colorado, impose penalties for falsely claiming an ESA or pet as a service animal. Read more about the penalties associated with misrepresentation of a service or ESA animal here.
5. Commonalities
Both types of animals:
Must be under the handler’s control (e.g., leashed, harnessed, or carried).
Can be excluded if they pose a direct threat to the health or safety of others or if they are disruptive.
The Federal Fair Housing Act, the Americans with Disabilities Act, and the Rehabilitation Act (Section 504) protect persons with physical and/or mental disabilities. These same laws prohibit discrimination against tenants with service or support animals. The courts take this seriously, and it is a huge liability to refuse to rent to a qualified handicapped person with a legitimate service or support animal. Fair Housing laws are very definitive regarding service animals. There are now other terminologies, such as emotional support animals, companion animals, and psychiatric service animals. This can lead to a lot of confusion and misinformation for property owners when it comes to the various support animals and rental housing. You can count on Walters and Company Property Management to help navigate these kinds of issues.
