If you’re planning to get an ESA (emotional support animal) in the state of Arkansas, you need to know not only your legal rights but also your obligations under the law.
In this article, you’ll find out everything you need to know about obtaining an ESA in Arkansas, the laws you need to be aware of, and the different places you’ll be able to take your support animal.
Arkansas ESA Laws: Summary of Legal Protections
If you suffer from a mental health disorder, having an ESA can bring a calming presence that makes an enormous difference to your quality of life. However, even though emotional support animals have been shown to be beneficial for those with emotional and mental health problems, they still aren’t granted the same legal rights as service dogs in Arkansas. In fact, there aren’t many Arkansas emotional support animal laws aside from the Fair Housing Act (FHA).
This means that they do not receive the same rights to public access under state law as a service animal would. While service dogs are permitted access along with their owner to all public spaces, ESAs may not automatically be granted access.
Emotional Support Animal Arkansas Regulations: ESA Laws in Arkansas
Unfortunately, ESAs have a different legal status to service animals, which in turn affects their rights to public access. ESAs are protected by state and federal laws, though these protections vary from those applied to service animals and vary by state.
Arkansas ESA Housing Laws
Arkansas does not have state specific laws regarding ESA and housing. The good news is that under federal law, ESAs are covered by the Fair Housing Act (FHA).
As long as you can supply a valid ESA letter to your landlord, your ESA must be permitted to live with you, even if the property doesn’t usually permit pets. Landlords are permitted by law to refuse to allow animals on their properties, but if that pet is an ESA and has the appropriate documentation to prove it, they cannot refuse to lease you the property. There are exceptions under the FHA for landlords who live on the property or for animals that could pose a threat to other tenants. If a landlord denies your application on the basis of your ESA, contact your local legal aid organization for clarity.
Arkansas ESA Employment Laws
Individuals living in Arkansas with an emotional support animal may be wondering whether they are permitted to bring their pet to work with them under state law. Unfortunately, this is not yet the case.
Although service dogs are covered by the ADA (Americans with Disabilities Act), ESAs aren’t currently covered by this law.
Nevertheless, some workplaces will permit you to bring your ESA to work with you if you can provide a valid ESA letter that states your animal is an ESA and helps you to cope with your emotional or mental health disorder. Although it cannot be guaranteed that you will be able to bring your animal to work with you, having this authorization letter to show your employer may help to give your request more legitimacy.
Arkansas ESA Travel and Flying Laws
Dogs who serve as ESAs used to be covered by the Air Carrier Access Act (ACAA). Previously, they were allowed to fly with you for free in the airplane cabin. However, now, only trained service dogs are allowed.
If you have a disability, you can often train your emotional support dog to become your service dog, which would allow them to still travel with you for free – as well as accompany you nearly anywhere in public.
How to Get an ESA Letter in Arkansas: ESA Letter Arkansas Requirements
To get an emotional support animal letter in Arkansas, you must be under the care of a licensed mental health professional (LMHP). Arkansas law requires that you have a relationship with your LMHP for at least 30 days prior to receiving your letter. This means that you cannot simply see any mental health counselor and receive your letter the same day. You’ll need to establish yourself as a patient with your provider first. US Service Animals can help you navigate these laws and has Arkansas-approved providers to ensure that you follow all applicable requirements.
To be valid, the letter must include the LMHP’s license number and name, as well as the state in which the license was issued. It must also be written on the official letterhead of the LMHP and must contain the date of issue as well as the signature of the professional themselves. The letter will remain valid for a period of one year after issue, and must therefore be renewed when that time has elapsed to ensure its validity is maintained.
You can begin the process to get an ESA letter in Arkansas by making contact through our website today. We can put you in touch with a licensed mental health professional in your area who can carry out an assessment to ensure that you are eligible before issuing you with a valid ESA letter, that conforms to Arkansas laws, that will enable you to exercise your legal rights when it comes to housing in the state of Arkansas.
Do You Need an ESA Letter in Arkansas?
If you’re suffering from a mental health or emotional disorder in Arkansas, you could benefit from having an emotional support animal to improve your quality of life. Having an ESA letter can help you avoid pet fees when renting, avoid being denied housing on the basis of your ESA and can allow your ESA to stay with you in college housing. However, it’s important to make sure that you’ve taken the proper steps to legitimize your ESA so that they will be legally recognized.
To do this, you must obtain a valid Arkansas ESA letter. This must be supplied by a licensed mental health professional (LMHP). It’s possible to either see one in person or to connect with an LMHP online. Without this letter, you can’t enjoy the benefits provided by the Fair Housing Act (FHA).
Emotional Support Animal Letter Arkansas Process: Getting a Legally Valid ESA Letter
If you want to get an emotional support animal letter in Arkansas, there are a handful of steps that you need to follow. We cover the process in detail below.
One paragraph introducing the steps below:
- Speak to a licensed mental health professional. The professional has to have a relationship with you for at least 30 days.
- Receive your diagnosis. Make sure you have a condition that qualifies for an ESA, like PTSD, depression, anxiety, or even stress.
- Have your LMHP write your prescription letter. This letter must include the name of the LMHP, a signature, and contain confirmation of disability status and the need for an ESA without diagnosis details.
- Share your ESA letter with your landlord. Provide your landlord with a copy of your ESA letter, or show them you have one. A Landlord can say no if the animal is aggressive, dangerous, or disruptive.
Who Can Write an ESA Letter in Arkansas?
The only person who can write an ESA letter in Arkansas is a licensed mental health professional, or LMHP. What’s more, only mental health professionals who have worked with you for at least 30 days can provide you with an ESA letter.
ESA Arkansas Registration: ESA Certification in Arkansas
If you want to certify your emotional support animal in Arkansas, you have a lot of options, but the best one is US Service Animals. We offer an ESA certification process that’s affordable, easy, and quick to complete. Simply head over to our registration page to learn more about the process, and let our professionals help you get the ESA credentials that you need.
While an ESA certificate may not be legally required, it helps to have access to records of your emotional support animal. Plus, a registration makes it easy to identify that your animal is an ESA.
Get an ESA Letter in Cities Across Arkansas
When you want to get an ESA letter in Arkansas, you’ll find that there aren’t any particular local requirements for ESAs aside from the state level 30 day relationship with a LMHP and the letter requirement. While there may be no extra protections for ESAs, that doesn’t mean that the cities aren’t pet friendly! Read below to learn more about the exciting ESA friendly activities in the most populous cities.
Below, we overview ESA laws in the most popular cities in Arkansas; to find out more, including how to get a legally valid ESA letter in these cities, click on the linked heading for the city you’re curious about.
Little Rock
Little Rock Arkansas is the most populous city in Arkansas, and you’ll find that the city follows ordinances put together by the state and federal government. This means that Little Rock follows the guidelines outlined by the Fair Housing Act (FHA). However, the city does have animal-friendly parks, hotels, and venues, you just have to know where to search. They even have pet boutiques! Like Puppy Community, a shop that has toys and treats for dogs.
Fayetteville
The second-most populous city in Arkansas, Fayetteville is one of the best places to live in the state with an emotional support animal. This is because you’ll have no problem finding pet-friendly places to visit, like the Iams Dog Park and Bryce Davis Park. What’s more, you’ll be able to enjoy your time in any housing because the city follows emotional support animal laws outlined by the Fair Housing Act.
Fort Smith
In Fort Smith, one of the most populous cities in Arkansas, emotional support animals don’t have protections under the ADA (Americans with Disabilities) or Air Carrier Access Act (ACAA). That said, they are protected under the Fair Housing Act (FHA). For these reasons, you can live in apartments in Fort Smith that aren’t pet-friendly with an emotional support animal, but not public spaces, like transportation or airlines. When you find an apartment for your ESA, be sure to visit the Fort Smith Dog Park for a game of fetch.
Springdale
When it comes to ESA laws in Springdale, you aren’t getting any extra protections. That said, you can still bring your ESA to pet-friendly parks, like the Springdale Dog Park and other similar venues. What’s more, you’ll be able to enjoy protections under the FHA because there are no city ordinances that prevent you from doing so.
Jonesboro
Last but not least, we have Jonesboro. It’s also one of the best places to live with an ESA. You’ll enjoy protections under the Fair Housing Act, and if you go the PSD route, you’ll find that Jonesboro is very accommodating. Many craw breweries in Jonesboro offer dog friend patio seating.
ESAs vs Psychiatric Service Dogs in Arkansas
Under Arkansas state law and the federal Americans with Disabilities Act (ADA), service dogs are defined as dogs that are trained to complete disability-related tasks that help individuals in their daily lives. Tasks that a service dog might perform include guiding the visually or hearing impaired, retrieving medications, or providing mobility support.
Psychiatric service dogs are trained to help those suffering from certain mental health or psychiatric conditions, such as anxiety, depression, bipolar disorder, or PTSD. While the ADA provides protections in regard to public accommodations and access rights for those with service dogs, Arkansas state law only provides additional protections to individuals with visual, hearing, or physical disabilities. The ADA ultimately applies to Arkansas and protects all people with all forms of disabilities, even though Arkansas state laws aren’t as broad.
This doesn’t mean that you can’t have a psychiatric service dog in Arkansas, but it does mean that you should reference the ADA for details on your public access rights within the state. Arkansas state law adds additional requirements that individuals with service dogs pay for any damages their animal causes when accessing public or private areas. However, if your service dog is properly trained, this shouldn’t be something to worry about. This is different from an emotional support animal that doesn’t have to be trained but can still leave you liable for any damages your ESA commits.
How to Get a Psychiatric Service Dog in Arkansas
Getting a PSD in Arkansas is easy when you work with US Service Animals. We have a simple free online consultation form you can fill out to ensure that you get the service you need, and quickly. Simply enter your information, schedule a call with a licensed mental health professional, and then wait for approval.
FAQs About Arkansas Emotional Support Animal Laws
Do you have more questions about emotional support animal laws in Arkansas? If so, we have answers to the most common questions below.
I’m a Student in Arkansas – Can I Have an ESA Live With Me?
If you’re a student suffering from a mental health problem like depression or anxiety, you will be permitted to have an ESA living with you on campus as long as you have a valid ESA letter.
Are There Any Exceptions to the Fair Housing Act Rules?
Although landlords must permit you to have an ESA live with you as long as you have a valid ESA letter, there are some exceptions. If your animal is disruptive or causes harm to other people living in the complex or accommodation, their rights are waived under the law. Also, the Fair Housing Act does not apply to all apartments. If the unit is owner occupied or the landlord only rents out a few apartments, they may be exempt. Ask follow up questions and seek legal help if you are denied reasonable accommodation.
Can I Take an ESA to Restaurants, Theaters, or Other Public Places?
While service dogs are allowed into any public place, ESAs aren’t yet afforded the same rights in Arkansas. This means that ESA’s aren’t automatically granted access to cinemas, theaters, restaurants, or other public places. While some places may permit you to bring your emotional support animal along with you, others will not.
Although you may not be permitted to bring your emotional support animal along with you to every public place in the state, there are many destinations across Arkansas that are dog-friendly and that will welcome you and your ESA with open arms. These include:
- Sassy’s Red House in Fayetteville
- Local Flavor Café in Eureka Springs
- Hot Springs Bark Park
- Murphy Memorial Dog Park in Rogers
- Pond Mountain Resort and Lodges in Eureka Springs
- 1886 Crescent Resort and Spa in Eureka Springs
Are Online Consultations for ESA Letters Legal In Arkansas?
Yes! Online consultations are legal in Arkansas, and you can get one with US Service Animals. We offer online consultations for emotional support animals in Arkansas, but also for psychiatric service dogs.
Can a Landlord Deny an ESA Letter in Arkansas?
Unfortunately, yes, sometimes a landlord can deny an ESA letter in Arkansas. However, this tends to be circumstantial. This only happens if your emotional support animal is not well-behaved, if they harm others, or if they damage the property. Some ESAs may also be too big for some apartments, so keep that in mind. Ask a lawyer for help if you think you were unfairly denied.
Can A Landlord Charge a Pet Deposit for an Emotional Support Animal In Arkansas?
If you have a valid ESA letter in Arkansas, no, landlords can’t charge you a pet deposit. In fact, they can’t charge you for anything associated with your ESA unless they damage the property.