Civil Rights Law

How to Get an ESA: Steps, Letter, and Housing Rights

Learn how to get an Emotional Support Animal, including the steps, letter, and housing rights that come with it

What is an Emotional Support Animal?

An Emotional Support Animal (ESA) is a type of animal that provides companionship and emotional support to individuals with mental or emotional disabilities. ESAs are not considered service animals, but they are protected under the Fair Housing Act and the Air Carrier Access Act.

To qualify for an ESA, an individual must have a diagnosed mental or emotional disability, such as anxiety, depression, or post-traumatic stress disorder (PTSD). A licensed mental health professional must provide a written statement confirming the individual's disability and the need for an ESA.

How to Get an ESA Letter

To get an ESA letter, an individual must consult with a licensed mental health professional, such as a psychologist or psychiatrist. The mental health professional will assess the individual's mental health and determine if an ESA is necessary to alleviate symptoms of their disability.

The ESA letter must be written on the mental health professional's letterhead and include their license number, the individual's name, and a statement confirming the individual's disability and the need for an ESA. The letter must also be dated and signed by the mental health professional.

Housing Rights for ESA Owners

Under the Fair Housing Act, ESA owners have the right to live with their ESAs in housing that otherwise has a no-pets policy. Landlords are required to make reasonable accommodations for ESAs, including waiving pet fees and deposits.

To exercise their housing rights, ESA owners must provide their landlord with a copy of their ESA letter. The landlord may not discriminate against the ESA owner or charge them extra fees for having an ESA. However, the landlord may require the ESA owner to provide proof of liability insurance to cover any damages caused by the ESA.

Steps to Get an ESA

To get an ESA, an individual must first consult with a licensed mental health professional to determine if they qualify for an ESA. If they do, the mental health professional will provide them with an ESA letter.

Next, the individual must provide their landlord or housing provider with a copy of their ESA letter. The landlord or housing provider may not discriminate against the individual or charge them extra fees for having an ESA. The individual must also provide proof of liability insurance to cover any damages caused by the ESA.

Benefits of Having an ESA

Having an ESA can provide numerous benefits for individuals with mental or emotional disabilities. ESAs can provide companionship, emotional support, and a sense of calm and well-being.

ESAs can also help individuals with mental or emotional disabilities to live independently and participate in daily activities. They can also provide a sense of purpose and responsibility, which can be beneficial for individuals with mental health conditions.

Frequently Asked Questions

What is the difference between an ESA and a service animal?

An ESA provides emotional support, while a service animal is trained to perform specific tasks for an individual with a disability.

Do I need to register my ESA?

No, you do not need to register your ESA. However, you must have a valid ESA letter from a licensed mental health professional.

Can I take my ESA on a plane?

Yes, you can take your ESA on a plane, but you must provide the airline with a copy of your ESA letter and follow their policies and procedures.

How long is an ESA letter valid?

An ESA letter is typically valid for one year, but it may vary depending on the mental health professional and the individual's specific needs.

Can I have multiple ESAs?

Yes, you can have multiple ESAs, but you must have a separate ESA letter for each animal and provide proof of their necessity.

What if my landlord denies my ESA request?

If your landlord denies your ESA request, you can file a complaint with the Department of Housing and Urban Development (HUD) or seek legal advice from a fair housing attorney.