Emotional Support Animal Laws in West Virginia

West Virginia enforces the laws laid out in the Federal Fair Housing Act (FHAA) and other laws that protect people with emotional support animals from discrimination.

The White Cane Law in West Virginia, which is primarily designed to protect those who use service animals for visual impairment, establishes that an emotional support animal is not the same as a service animal and is not protected in the same manner. Subsequently, it is not protected under the Americans with Disability Act (ADA).

With that said, the state of West Virginia takes a progressive stance towards protecting those who need an emotional support animal in certain environments, including protection from housing discrimination.

It is helpful to understand the emotional support animal laws in West Virginia to avoid any complications and know what to do if unlawful discrimination occurs. The following is an overview of the laws established in federal laws and West Virginia laws that protect emotional support animals.

Emotional Support Animals vs. Service Animals

The first thing to be aware of when looking into the laws related to emotional support animals is whether an animal can be designated as a service animal or not. Service animals in the state must provide a specific type of assistance to help a person who struggles with some type of disability. The most common example of this is a seeing-eye dog, which provides help to those who are legally blind. Other examples include seizure animals, allergy detection animals, and more.

In order to qualify as a service animal, it must either be a dog or a miniature horse and must receive specialized training. Under the laws in West Virginia, an emotional support animal (even if it is a dog or miniature horse) will not qualify as a service animal.

The difference between a service animal and an emotional support animal in the state are identified in their White Cane Law. This legislation makes it clear that the state does not grant any special legal protections (beyond those which are identified in federal laws) to emotional support animals.

Psychiatric Service Dog in West Virginia

Psychiatric service dogs in West Virginia are categorized as dogs for mental health conditions that are trained to perform a specific task. Like other service animals, psychiatric service dogs are protected under a group of laws found in the Fair Housing Act (FHA), Air Carrier Access Act (ACAA), and the Americans with Disabilities Act (ADA). These laws prevent landlords, public transportation, and public spaces from discriminating against people with service dogs. West Virginia state laws further expand on the federal laws with rules that include service dogs but needing to be registered or licensed and service dogs not needing a sign or label.

Still, psychiatric service dogs in West Virginia need the proper training to enjoy these benefits. Most psychiatric service dogs need training that helps them perform a specific task for their owners. Examples include providing deep pressure therapy, comforting touch, or fetching medications.

Once you get past the laws and training, psychiatric service dogs provide their owners with numerous benefits. Benefits include protecting their owners from triggers, recognizing their owner’s emotions and getting them out of places that cause social anxiety, and much more. Depending on the training, a psychiatric service dog in West Virginia can help in many ways.

PTSD Service Dog in West Virginia

Psychiatric service dogs can be trained to perform many tasks. One example is the PTSD service dog, which helps people who are diagnosed with post-traumatic stress disorder. These service dogs are trained to learn about someone’s emotions, body language, and triggers to prevent panic attacks and seizures before they start. In fact, many PTSD service dogs can find authorities and remove their owners from stress-inducing situations.

In West Virginia, PTSD service dogs have the same protections as any other service dog. This means that PTSD service dogs can live in rental properties, go to public spaces, and accompany their owners on public transportation.

What Species Can Qualify as Emotional Support Animals?

While it can be disappointing to learn that West Virginia does not classify ESAs as service animals, this does actually provide some advantages. Specifically, the limitation that requires service animals to be dogs or miniature horses does not apply to emotional support animals. In fact, there are no set requirements on what species an animal must be in order to be identified as an ESA.

Any animal that provides you with emotional support, comfort, or the ability to better deal with issues like anxiety or depression can be classified as an emotional support animal. Of course, the vast majority of ESAs are common species like dogs and cats. Some people, however, receive the comfort they need from unusual animal, such as iguanas, mice, rabbits, or others.

ESA Housing Laws in West Virginia

West Virginia enforces the laws established in the Federal Fair Housing Act that protect those in need of an emotional support animal from discrimination from landlords. The law states that landlords cannot deny a prospective tenant the right to housing due to their emotional support animal, and that the emotional support animal is allowed to live with the tenant regardless of existing pet policies.

As it relates to access to housing opportunities, West Virginia does not make a distinction between service animals and emotional support animals as both are granted access and protected under the Fair Housing Act. This means regardless of the exact purpose, any animal that serves a purpose to one’s health and is recommended by a licensed medical professional is protected from housing discrimination.

Those who own an emotional support animal are exempt from the pet policies and pet fees of apartment complexes, rental homes, nursing homes and other types of long-term living facilities. Subsequently, landlords are not allowed to charge a pet fee or tell the tenant that the emotional support animal cannot stay in the home with the individual.

With that said, some restrictions may apply. The landlord may be able to deny the emotional support animal if it displays aggressive, destructive or disturbing behavior. Also, there are restrictions for certain types of animals, and some larger or more aggressive animals may be denied.

To ensure your emotional support animal is granted access to live with you, it is essential to secure an emotional support animal (ESA) letter from a licensed mental health professional. You can learn more about how to get an ESA letter here.

ESA Employment Laws in West Virginia

Employers in the state of West Virginia do not have to allow employees to bring emotional support animals into the workplace as they are not viewed the same as service animals within state law. This means they can deny the ability of the employee to bring the animal to the workplace each day, unless it is licensed as a service animal rather than an ESA.

However, the White Cane Law protects those who require a service animal to assist with a physical disability, and allows them to bring their service animal to work with them in most instances. Unfortunately, the benefit does not extend to those who rely on an emotional support animal for their mental health complications or disabilities.

Although emotional support animals are not protected in a work environment within West Virginia, employees do have some options. The first is to simply discuss your need for an emotional support animal with your employer. In many instances, they are understanding and willing to provide the necessary accommodations as long the animal does not cause any distractions in the work environment. The employer may instead allow for a more remote role, allowing the employee to work more from home.

If the employer does not allow for an emotional support animal in the work environment, then the employer is unfortunately not able to take any action. If having the emotional support animal by your side is necessary, then it might be best to find a new, more understanding employer.

ESA Public Accommodation Laws in West Virginia

The White Cane Law allows those with service animals access to the majority of public accommodations, but it does not allow emotional support animal owners the same opportunity. Therefore, an ESA letter does not protect you and your ESA from not being allowed access to a range of public places, including:

  • Restaurants
  • Hospitals
  • Hotels/Motels
  • Parks
  • Libraries

Of course, the above list is only an example, and there are numerous other public accommodations that have the right to not allow emotional support animals. That being said, many public places accept emotional support animals as long as they have advanced notice. If you need to take your ESA with you to a restaurant, library, or other public place, then contact the establishment before going to see if they will allow your pet. Consider doing more research and finding a place that allows for emotional support animals, such as a pet-friendly hotel or a park that allows dogs.

If you have a service animal and not an emotional support animal, then it is protected under the White Cane Law in West Virginia against discrimination from public establishments. While they may ask if it is a service animal, they are not allowed to deny you or your pet access if you have a service animal registration.

For both service animals and emotional support animals, the public place may have the right to deny access if the pet is disruptive, aggressive or may cause damage of any kind. The owner is also responsible for any damages the pet causes, regardless of whether it is a service animal or an emotional support animal.

ESA Travel Laws in West Virginia

The Air Carrier Access Act (ACAA) previously used to allow all ESAs in the cabin of a plane for free. However, the ACAA has since been updated and unfortunately ESAs are treated as regular pets on airplanes now. This means that airlines can charge a pet fee, and can make your ESA ride in the cargo if it’s too large or there are too many other pet reservations.

If planes trigger your anxiety (or other mental conditions) and you need support from your furry friend during takeoff and landing, it may be beneficial to see if registering your ESA as a psychiatric service animal is right for you. Service animals have more legal protections than ESAs, and you won’t have to worry about leaving your emotional support in cargo.

An Overview of an ESA Letter

An ESA letter ensures the individual is protected under the Fair Housing Act and other laws that provide emotional support animals special access. An ESA letter must be recommended by a licensed mental health professional, who conducts an interview to determine if an emotional support animal is necessary.

Without an ESA letter, a person’s animal is not protected by law—regardless of if it is used for a therapeutic purpose. However, obtaining proper registration prevents discrimination against those with mental complications, and it ensures the person’s pet is able to live and travel with the individual.

This is different than service animal registration, as an ESA letter is primarily for those who use their pet to provide emotional support and relief from mental health complications such as depression or anxiety. Service animals are instead primarily used for physical complications, such as visual impairment or the risk of a seizure.

Asking for Additional Privileges

Those who have an emotional support animal will undoubtedly be grateful for the legal protections that allow them to keep it with them in their home and on flights. For many people, however, taking the animal with them to other locations that cause anxiety or other emotional issues could be helpful. While there are not (yet) laws in place to allow this, you can always request special permission to bring your ESA with you to places where pets and other animals typically are not permitted.

For example, many people want to be able to bring their ESA with them to work to help deal with the stresses and other triggers that may occur on the job. Having your animal with you when going to restaurants, museums, or sporting events, or other places where there will likely be lots of people can also be beneficial. This is especially true for those who struggle with social anxiety.

For these reasons, we want to share a few simple tips to maximizes the chances of getting permission to bring your ESA with you to these locations.

Show Your ESA Letter

Having a valid ESA letter will prove to business owners that a medical or mental health professional has recommended that you have the animal with you. While they are still not legally required to allow you to bring the animal with you on their property, they are much more likely to give permission. They likely will not want to be seen as discriminating against people who are in need of an ESA.

Ask in Advance

One of the most important things you can do is to call several days ahead and speak with the owner or manager of the business you want to visit. This will give them plenty of time to think about your request. It will also ensure they do not feel any type of negative pressure, which could result in them standing firm on their normal “no animals allowed” rules.

Proper Training

Make sure your animal is trained to ensure it does not cause any disturbances, damage, or messes if you are given permission to bring them to a business. If you can assure the business owner or manager that your ESA will not cause any problems, they are much more likely to allow it as long as nothing goes wrong.

Form ESA Groups

It may be helpful to form a local group with other people who have emotional support animals. If you have a larger group of people who are all asking to bring their animal to these locations when they come, businesses are more likely to approve the request. If they can gain loyal patronage from the ESA community, it could be quite profitable for them.

Lobby for Change

Perhaps the biggest thing you can do to gain permission to bring your animal with you to public places is to lobby both state and federal government officials for changes to the laws. Sending letters to your representatives letting them know that this is an important issue to you may help to spur them toward proposing new legislation that will benefit those with emotional support animals. Over time, this will help to secure more rights for you and your animal.

Get an ESA Letter in West Virginia

The first step towards obtaining an ESA letter in West Virginia is to fill out a registration form, which you can find here on the U.S. Service Animals website, or by giving U.S. Service Animals a call today. After, our team and a mental health professional will review the application for an ESA letter.

Next, a time will be arranged for a meeting with a licensed mental health professional. If they determine you can benefit from an emotional support animal, an ESA letter of recommendation, along with other documentation, will be sent to you. You do not make any payments unless you are approved for an emotional support animal letter, so there is no financial risk involved.