Dogs have proved themselves indispensable (and unwaveringly loyal) to humans for centuries. From protecting our homes and helping us hunt, to locating missing persons and sniffing out cancer, there seems to be no end to the ways in which they provide support. They truly deserve their reputation as man’s best friend.
So, it should come as no surprise that dogs also excel as emotional support animals (ESAs). Their companionship and affection can provide immeasurable therapeutic relief for those battling debilitating mental health difficulties.
Whether you’re looking to get your current canine companion officially recognized as an ESA, or are hoping to adopt an ESA dog, you may be wondering whether breed restrictions apply. To help, we’ll answer this below and cover everything else you need to know about emotional support animals. We’ll also touch on which breeds are a great match for ESA work.
What Is an Emotional Support Animal?
An ESA is an animal who supports those with emotional or mental health disabilities. They help their owner better manage symptoms and deal with challenges that would otherwise significantly hinder their quality of life.
Unlike a service dog, who achieves this by performing carefully trained disability-related tasks, an emotional support animal solely offers support through their presence and the comfort that it brings.
For instance, their presence may give individuals with PTSD a sense of security and help them feel at ease within their home. Their affection and warmth can also be grounding and calming for those with anxiety disorders.
Emotional Support Animal Legal Protections
There’s no debate that an emotional support animal’s presence offers invaluable support for those in need. However, they aren’t required to undergo specialized training to perform their role, and are therefore not classified as a working animal. Due to this, they aren’t granted the same legal rights as a service dog.
That said, emotional support animals are still entitled to certain privileges. They are protected under the Fair Housing Act (FHA) federal law, and receive reasonable accommodation within housing.
The Fair Housing Act
The FHA was enacted in 1968 to ensure everyone has an equal opportunity to secure housing. It protects homebuyers and renters from facing discrimination on the basis of characteristics such as race, colour, religion, national origin, familial status, and disability.
The FHA recognizes emotional support animals aren’t simply just “pets,” but are a lifeline and akin to an assistive aid for those with disabilities.
Under the FHA, landlords are not allowed to deny an individual housing because they have an ESA. Emotional support animals are also exempt from no-pet policies and cannot be subjected to pet-related fees or security deposits.
Do Breed Restrictions Apply to ESA?
Short answer: No, breed restrictions do not apply to emotional support animals.
Any animal can become legally recognized as an emotional support animal in the US, including dogs of any breed, size, and age, and more uncommon animals like tarantulas and snakes.
When it comes to housing, emotional support animals are also exempt from breed-specific legislation and restrictions that typically affect pets.
This means a landlord cannot apply a pet rule, such as a breed ban or size limit, to deny your ESA housing. This will be a breach of your rights per the Fair Housing Act, and can result in the landlord facing legal repercussions.
When Can My ESA Be Legally Denied Housing?
While your ESA is exempt from a landlord’s breed restrictions, there are still some instances when a landlord is within their rights to deny your ESA accommodation.
Your ESA Endangers Others
Although ESAs aren’t required to undergo training, it’s still important to ensure they are housebroken, socialized, and well-mannered. If your ESA is dangerously out of control and poses a threat to the safety of other tenants, the landlord is within their right to reject your ESA.
A landlord can also deny your ESA housing if they cause a major disruption, such as excessive barking or soiling communal areas.
Your ESA Causes Property Damage
While some wear and tear is expected, if your ESA causes significant damage to the property, the landlord can hold you financially liable. If the damage is severe, they are also within their rights to ask you to remove your ESA from the premises.
Most landlords will give you an opportunity to work on your ESA’s behavior before taking further measures. However, this will often depend on the severity, whether it affects communal areas, and how cooperative you are.
Significant Financial Burden or Undue Hardship
A landlord has the legal right to deny your ESA if accommodating them would impose a significant financial burden. However, it is extremely difficult for a landlord to prove that an ESA would incur costs to this degree.
In general, a landlord is expected to shoulder at least some expenses when making reasonable accommodations for an ESA. They also cannot deny your ESA request due to an “assumed” financial burden. They would need to provide substantial evidence.
A landlord may also deny your ESA if they pose an undue hardship, like a major administrative burden or health concern. Again, this typically only applies in extraordinary circumstances.
Exempt Property Types
Some property types are exempt from the FHA and have no legal obligation to accept your ESA. This includes the following property types:
- Properties with four or fewer units, where the owner inhabits one of the units
- Single-family homes sold or rented without a broker, provided the owner does not currently own more than three single-family homes
- Buildings owned by religious organizations and private clubs, as preference can be given to members
It’s typically rare to come across these property types in the rental market, so it’s likely you and your ESA will still be entitled to the FHA’s housing protections.
Some states have also enacted laws that limit these property exemptions further. For instance, California’s Fair Employment and Housing Act (FEHA) only exempts properties if they meet the following circumstances:
- An owner-occupied home that is rented to one additional person, and provided the owner does not print public discriminatory notices, statements, or advertisements
- Housing specifically for seniors, and in some cases, housing for homeless youth
- A single dwelling with a shared living area; the owner or occupant may suggest that the housing is available only to people of one sex
You Don’t Have a Valid ESA Letter
Your ESA will only be protected under the FHA if you have obtained a valid ESA letter from an appropriate professional. Without this documentation, your ESA will not be exempt from breed restrictions, among other pet-related policies and fees, and the landlord is within their rights to deny your ESA housing.
An ESA letter is a document prescribed by a licensed mental health professional (LMHP). It states that you meet the definition of an individual with a disability, and that an ESA is a key part of your treatment plan.
Note that this is the only documentation a landlord is allowed to request and use to exempt your ESA from housing. They cannot ask for other supporting materials, such as documentation that confirms the animal’s training, behavior, or hygiene.
How Do I Get an ESA Letter?
The exact process to obtain a valid ESA letter can vary depending on your state. However, no matter where you live, you will need to undergo an ESA evaluation before the letter can be prescribed. You must also satisfy certain eligibility criteria to qualify.
ESA Eligibility Criteria
You can only qualify for an ESA if you have a diagnosed emotional or mental health disorder. This includes conditions recognized by the DSM-5 manual, such as:
- Anxiety disorders (e.g., generalized anxiety disorder)
- Depression
- Post-traumatic stress disorder (PTSD)
- Bipolar disorder
- Personality disorders (e.g., borderline personality disorder)
Alongside this, the condition must significantly hinder at least one or more major areas of your life. You must also have the ability to care for an animal.
ESA Evaluation
If you meet this criteria, the next step is to arrange for the ESA evaluation. Only a LMHP who practices in your state can carry out your ESA assessment. This includes healthcare workers like therapists, psychologists, and psychiatrists.
Some states may also require you to have at least a 30-day client-provider relationship with the LMHP before you can undergo an ESA assessment and be prescribed an ESA letter. Make sure to familiarize yourself with local laws to prevent unnecessary delays or misunderstandings.
Once you’ve connected with a LMHP, you can schedule your ESA appointment. There may be a long wait, depending on the LMHP’s availability, the appointment format (e.g., in person or phone), and whether you use a reputable third-party service. At US Service Animals, we can help speed up the process and arrange an ESA appointment in as little as 24 hours.
At the ESA evaluation appointment, the LMHP will assess your symptoms, disability-related needs, and ability to look after an animal. It’s important to advocate for yourself during this appointment, especially if you have a pet who already fulfills the role of an ESA.
The LMHP will issue you an ESA letter if they feel an ESA is an appropriate treatment, and you’ll be able to use it immediately.
What Breeds Make Good Emotional Support Animals?
While any breed can become recognized as an emotional support animal, there are some breeds that tend to be a better fit for this role than others. They typically have traits that allow them to easily adapt to various living situations, meaning landlords aren’t likely to ever try to contest their rights or deny them housing.
These breeds are generally affectionate, eager to please, and highly trainable. They are also often outgoing and can feel at ease around other people (and tenants). This includes breeds such as:
- Labrador retriever
- Golden retriever
- Poodle
- German shepherd
- Corgi
- Cavalier King Charles spaniel
- Shih tzu
- French bulldog
Of course, the “best” breed ultimately comes down to your personal preference, lifestyle, and needs.
Protecting Your ESA’s Rights
Emotional support animals are treated as assistive aids under the FHA, and are therefore granted reasonable accommodation in housing. As we summarized above, they are exempt from breed restrictions, among other policies and fees that typically affect pets. These rights can only be denied in exceptional circumstances.
If a landlord tries to refuse your ESA housing because of their breed, this would be a breach of the FHA and constitutes discriminatory practice. Advocate for your rights and explain to the landlord that a breed restriction does not apply to an ESA. If they are simply misinformed, the landlord will usually accept responsibility and agree to house your ESA as a reasonable accommodation.
However, if they continue to deny your ESA housing based on breed, even after you have explained your rights, you can report them directly to the U.S. Department of Housing and Urban Development (HUD). The HUD accepts reports online, over the phone, or via mail to the relevant regional office. Just be mindful that the report must be filed within one year; the earlier, the better.
For further legal help or for more information about ESAs, get in touch with our legal experts at US Service Animals. Our team will be able to help you advocate for your rights and ensure you’re armed with all the information you need to make a case and protect both you and your ESA.