Mary Allen
Legal Obligations for Emotional Support Dogs
Emotional support dogs have gained popularity in recent years due to their ability to provide comfort and assistance to individuals with psychological or emotional disabilities. However, owning an emotional support dog comes with legal obligations that must be met. These obligations include understanding the definition of an emotional support dog, qualifying as eligible to keep one, complying with laws that protect these animals, and meeting the responsibilities of an emotional support dog owner.
Understanding the Definition of an Emotional Support Dog
An emotional support dog is a type of service animal that provides emotional support and comfort to individuals with mental health disorders or disabilities. Unlike a service dog, an emotional support dog does not require specialized training to perform specific tasks. Emotional support dogs are prescribed by licensed mental health professionals and are considered a part of the individual’s treatment plan. These animals are not considered pets, but rather an essential part of the individual’s therapy.
Who is Eligible to Keep an Emotional Support Dog?
To keep an emotional support dog, an individual must be diagnosed with a mental health disorder or disability that substantially affects their daily life. The individual must also have a letter from a licensed mental health professional prescribing the use of an emotional support dog as part of their treatment plan. This letter must be renewed annually and must be presented to landlords, airlines, or other entities that require proof of the individual’s need for an emotional support dog.
Laws that Protect Emotional Support Dogs
Emotional support dogs are protected under federal laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). The ADA allows individuals with disabilities to bring their service animals into public places, while the FHA requires landlords to make reasonable accommodations for individuals with disabilities, including allowing emotional support dogs in housing units. Other laws, such as the Air Carrier Access Act (ACAA), require airlines to allow emotional support dogs to accompany their owners on flights.
Housing Laws for Emotional Support Dogs
Under the FHA, landlords are required to allow emotional support dogs in their rental units, even if the property has a “no pets” policy. However, landlords may require documentation from the individual’s mental health professional and may charge a pet deposit. Landlords are not allowed to charge additional fees or deposits for emotional support dogs.
Air Travel Laws for Emotional Support Dogs
Under the ACAA, airlines must allow emotional support dogs to accompany their owners on flights. However, airlines may require documentation of the individual’s need for an emotional support dog and may require the animal to be properly contained during the flight. Airlines are not allowed to charge additional fees for emotional support dogs.
Public Access Laws for Emotional Support Dogs
Under the ADA, individuals with disabilities are allowed to bring their service animals into public places such as restaurants, stores, and other businesses. Emotional support dogs do not have the same rights as service animals and may be restricted from certain areas. However, businesses must make reasonable accommodations for individuals with disabilities and their emotional support dogs.
Training and Certification for Emotional Support Dogs
Emotional support dogs do not require specialized training or certification. However, it is recommended that owners provide basic obedience training and socialization to their animals to ensure they behave appropriately in public places.
Responsibilities of an Emotional Support Dog Owner
Emotional support dog owners are responsible for the care and well-being of their animals. This includes providing proper food, shelter, and medical care. Owners must also ensure that their emotional support dogs behave appropriately in public places and do not pose a threat to others.
Consequences of Failing to Meet Legal Obligations
Failure to meet legal obligations for emotional support dogs can result in consequences such as eviction, denial of access to public places, or fines. Additionally, misrepresenting an animal as an emotional support dog when it is not can result in legal consequences.
How to Register an Emotional Support Dog
Emotional support dogs do not require registration. However, owners may choose to register their animals with various organizations to have documentation of their status as emotional support dogs.
Resources for Emotional Support Dog Owners
Emotional support dog owners can find resources through organizations such as the National Service Animal Registry and the Emotional Support Animal Registry. These organizations provide information on legal rights and responsibilities, as well as assistance with obtaining proper documentation for emotional support dogs.