Emotional Support Dog Laws

Frequently asked questions about service animals and the ada us dept.

Emotional support dog laws.

An emotional support animal in florida is an animal that provides assistance or therapeutic emotional support to its owner by its mere presence. The airline is not allowed to charge fees in connection with your emotional support animal. Although emotional support animals do not have the same rights as service dogs under ada they are protected under the fair housing amendment act fhaa and the air carrier access act acaa. To fall under this provision you must have a disability and you must have a disability related need for the animal.

While typically dogs or cats emotional support animals may include other species. Emotional support animals comfort animals and therapy dogs are not service animals under title ii and title iii of the ada. If you meet the criteria of these provisions you are entitled to an emotional support animal in the air and in your housing unit. The federal fair housing act requires landlords and housing facilities to allow service dogs and emotional support animals if necessary for a person with a disability to have an equal opportunity to use and enjoy the home.

The law that allows a trained service dog to accompany a person with a disability is the americans with disabilities act ada. The work or tasks performed by a service animal must be directly related to the individual s disability. However before any animal can be determined to be an esa their owner must first be diagnosed with a mental disability that significantly limits one or more of their daily major life activities by a qualified mental health professional. Obligations of housing providers.

Under the acaa and guidance from the dot airlines and passengers with emotional support animals must comply with certain rules. An emotional support animal is a type of assistance animal that is recognized as a reasonable accommodation for a person with a disability under the federal fair housing act provides an overview of assistance animals in housing. Airlines must accommodate dogs cats and miniature horses that are esas. An assistance animal is not a pet.

An assistance animal is an animal that works provides assistance or performs tasks for the benefit of a person with a disability or that provides emotional support that alleviates one or more identified effects of a person s disability. An esa does not need any special training to work or perform tasks for its owner. Florida s laws prohibit housing providers from discriminating against tenants with a need for an emotional support animal. An emotional support animal is an animal typically a dog or cat though this can include other species that provides a therapeutic benefit to its owner through companionship.