Understanding the difference between service animals and emotional support animals (ESAs) is essential for housing providers, and equally important for consumers. While both play vital roles in supporting individuals with disabilities, the laws governing them are different. The overview below is designed to help you better understand what qualifies as a service animal, what defines an ESA, and the rights and responsibilities associated with each.
Service Animals
- Definition: Dogs (and in some cases miniature horses) trained to perform specific tasks directly related to a person’s disability.
- Applicable Laws: Protected under the Americans with Disabilities Act (ADA) in public places and the Fair Housing Act (FHA) in housing.
- Housing Requirements: Must be permitted in all rental properties, including those advertised as “no pets.” Housing providers cannot charge pet fees or impose breed/size restrictions.
- Examples of Tasks: Guiding individuals who are blind, alerting someone who is deaf, pulling a wheelchair, or detecting seizures.
Emotional Support Animals (ESAs)
- Definition: ESAs offer therapeutic benefits by providing comfort or companionship, but are not trained to perform specific tasks. While ESAs are most commonly dogs or cats, many domestically kept animals can serve in this role.
- Applicable Laws: Protected under the Fair Housing Act (FHA).
- Housing Requirements: Must be accommodated in rental housing. Where a request for an emotional support animal poses a direct threat to the health or safety of others, or where the accommodation creates an undue burden, the accommodation request may be denied. Documentation from a medical provider explaining the need for the ESA is required.
- Examples of Support: Reducing anxiety, alleviating depression, or providing companionship.
Key Distinctions
- Service Animals: Task‑trained, covered by ADA and FHA, required in residential housing and public spaces. .
- ESAs: Provide emotional support, covered only by FHA required in residential housing. Sufficient documentation can be required.
Best Practices for Housing Providers
Consult legal counsel to ensure compliance with federal and state laws.
Adopt a written policy that clearly distinguishes between service animals and ESAs.
Accept ESAs when they are required for a disability and supported by appropriate medical documentation.
Apply policies consistently and fairly to avoid discrimination.