Many treatment options are available for those with emotional or mental health disabilities. One increasingly popular treatment choice is an emotional support animal (ESA). An ESA is more than a forever friend; they provide life-saving therapeutic relief through their companionship and physical presence.
ESAs are granted certain housing privileges at a federal level thanks to the Fair Housing Act (FHA). This includes exemption from no-pet policies and pet-related fees in rental properties. However, if you’ve already moved into your new place, you may be wondering if you can still get an ESA and benefit from these housing protections.
To help ease your concerns and ensure you’re fully informed, we’ll discuss all you need to know about emotional support animals below. We’ll answer common questions those considering ESAs have, like “can I get an ESA after I move in?” We’ll also touch on their legal rights and what the ESA process involves.
Emotional Support Animal: Understanding the Basics
Animals have been working alongside humans for thousands of years. From helping us hunt and protecting our homes, to delivering messages in the war and plowing our fields, their support has come in many forms. The role of an ESA is another way that animals provide immeasurable support to humans.
Officially, an emotional support animal is a companion who relieves symptoms of an emotional or mental health disability through their presence. For instance, their companionship may help calm and ground a person with post-traumatic stress disorder (PTSD) during a panic attack.
Emotional support animals do not perform trained tasks like service animals. However, this means there is also more leniency on what kinds of animals can gain ESA status.
While only dogs, and in some cases miniature horses, can be recognized as service animals, any animal can become an ESA. This includes common household pets like cats, dogs, and rabbits, as well as unusual (but equally lovable) species like snakes, tarantulas, and llamas. There are also no breed or size restrictions.
Emotional Support Animal Housing Rights
Emotional support animals aren’t considered working dogs like service animals, as they do not perform trained tasks. While this means they aren’t protected under federal laws such as the Americans with Disabilities Act (ADA) and the Air Carrier Access Act (ACAA), they are recognized by the Fair Housing Act (FHA).
Enacted in 1968, the FHA is a federal law passed to prohibit discrimination in the transaction or rental of properties. The FHA protects characteristics such as race, religion, familial status, national origin, and disability.
The FHA acknowledges that people with disabilities rely on emotional support animals for their well-being, and extends these protections to them. Under the FHA, emotional support animals must be reasonably accommodated in housing and cannot be treated as pets.
This means a landlord is virtually always legally obligated to allow your ESA to live with you, even if they have a strict no-pet policy in place. Emotional support animals are also exempt from pet-related fees, such as pet rent and pet security deposits, and they cannot be subjected to pet rules like breed, size, or weight limits.
Can I Get an ESA After I Move In?
A common concern people have is whether they have to obtain an ESA before they move in to benefit from the FHA housing protections. However, you’ll be relieved to hear that this isn’t the case.
You are within your rights to request a reasonable accommodation for an ESA in your current property, regardless of how long you have been living there. This remains the case even if you initially signed a contract agreeing to a no-pet policy.
If you currently own a pet and get them recognized as an emotional support animal, you will also no longer need to pay pet rent or any other pet-related fees, like pet security deposits. If the landlord tries to continue to charge you pet-specific fees, this would constitute a breach of your rights under the FHA. You will be able to make a case against your landlord.
However, just bear in mind that this does not exclude you from paying compensation to the landlord if your animal causes significant property damage.
Exceptions to the Fair Housing Act
That said, there are some rare circumstances when an ESA can be denied housing after you have moved in. Some property types are exempt from the FHA, meaning whether or not a landlord accommodates your ESA will be at their discretion.
This includes property types such as:
- Owner-occupied properties with four or fewer units
- Single-family homes sold or rented without the use of a real estate agent or broker, provided the owner does not own more than three single-family homes
- Housing operated by private clubs or religious organizations; preference can be given to members
- Housing specifically designed and occupied by older people
Most rental properties in the US do not fall under these categories, meaning it is likely that these exemptions won’t apply to your current residence.
However, be aware that a landlord is also within their rights to deny your ESA housing if one or more of the following apply:
- You can not keep the animal under control, or they behave in a disruptive or aggressive manner and endanger others
- Your animal causes significant property damage
- The animal would put the landlord in violation of public health codes, or risk the health and safety of other tenants
- Your animal cannot be safely or feasibly accommodated on the premises, even with adjustments to the living space
An ESA can also be denied housing if their accommodation would pose a significant financial burden or undue hardship on the landlord. However, this would be up to your landlord to prove.
As long as your ESA is well-behaved, and can safely and reasonably live at the property, it will be extremely hard for a landlord to state that their accommodation would constitute a financial burden or undue hardship.
Besides that, the only other time an ESA can be denied housing after you move in is if you have not obtained the necessary documentation, specifically an ESA letter. We’ll discuss what an ESA letter is and how to obtain one below.
How Can I Get an ESA Recognized After I Move In?
To get an ESA after you have moved in, you must be able to show your landlord that you have a valid ESA letter. This letter is a form of documentation that states you have a diagnosed disability and have been prescribed an ESA as part of your treatment. It serves as medical evidence of your need and brings with it your entitlement to the FHA protections.
To get a valid ESA letter, you will need to meet certain eligibility criteria and speak to a mental healthcare worker to arrange for an ESA evaluation appointment.
Who Can Qualify for an Emotional Support Animal?
Anyone with an emotional or mental health disability that has been formally diagnosed by a licensed mental health professional (LMHP) may qualify for an ESA. This includes conditions such as:
- Depression
- PTSD
- Bipolar disorder
- Anxiety disorders (e.g., generalised anxiety disorder and social anxiety)
- Personality disorders (e.g., borderline personality disorder)
Alongside this, the condition must hinder one or more major aspects of your life, such as your ability to work or travel. You must also have the means to care for the animal and meet their needs.
The ESA Evaluation Process
The next step is to undergo the ESA evaluation. Most LMHPs are happy to carry out an ESA evaluation and write an ESA letter. However, it’s crucial to make sure that they are licensed to practice in your state.
This is because ESA letters are state-specific documents. You won’t be able to undergo the ESA evaluation in one state and then use the prescribed ESA letter to gain housing privileges in other states. Some states also have additional regulations regarding the ESA evaluation process, so make sure to check your local laws in advance.
For instance, in states like Montana, Arkansas, and California, you must have at least a 30-day client-provider relationship with the LMHP. This means you will need to attend multiple sessions with them before you can undergo the ESA evaluation.
The ESA evaluation can be held in person or over the phone. During the ESA evaluation, the healthcare provider will assess your symptoms and help you determine whether an ESA is an appropriate treatment option for your needs.
While the evaluation can seem daunting, be mindful that it’s ultimately a discussion that serves in your best interest. Be honest and transparent about your symptoms, and consider bringing a close relative or friend to help you advocate for yourself.
After the evaluation, if the LMHP feels an ESA is the right course of treatment, they will issue you an ESA letter. You can then show this documentation to your landlord to gain the FHA protections and get your ESA to legally move in with you.
Or, if you have a current pet, they will become officially recognized as an ESA and be exempt from future pet-related fees (e.g. pet rent) and rules.
What Does a Valid ESA Letter Look Like?
An ESA letter must be printed on official letterhead and explicitly state that you have a diagnosed disability and have been prescribed an ESA. It should also contain the following:
- The ESA letter’s issue date
- The LMHP’s medical license information (number, type, and issue date)
- The LMHP’s contact details and official signature
- Your name and contact details
The letter may also contain information about your animal, such as their species or name.
Preparing for Your ESA and Next Steps
Emotional support animals offer comfort, warmth, and affection during distressing situations. Caring for an ESA can also give a strong purpose and sense of fulfillment that very few (if any) therapeutic interventions can match.
Once you’ve obtained a valid ESA letter and have informed your landlord, you can rest at ease knowing you and your animal will both be protected at a federal level.
However, remember that your ESA may still be denied their housing rights if they behave in a way that risks the health, peace, or safety of others. To ensure your ESA stays protected for years to come, it’s crucial you take every measure possible to help them adjust to life with you.
While this will depend on the type of animal you have, you’ll generally want to ensure they’re housebroken, undergo consistent socialization, and are kept under your control at all times. If applicable, you should also teach them key basic obedience commands.
If you have any other concerns or queries about ESAs, whether about their housing rights or the ESA evaluation, don’t hesitate to contact our legal team at US Service Animals. We can guide you and even help you obtain an ESA letter if you’re finding the process overwhelming.