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) in long-term housing.
- Housing Requirements: Must be accommodated in long-term rental housing (typically leases of 30+ days). However, short-term vacation rentals are generally treated as transient lodging, and ESAs are not required to be accepted. 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 both short‑ and long-term housing.
- ESAs: Provide emotional support, covered only by FHA, required in long-term housing but not in short-term vacation rentals.
Best Practices for Housing Providers
- Adopt a written policy that clearly distinguishes between service animals and ESAs.
- Apply policies consistently and fairly to avoid discrimination.
Consult legal counsel to ensure compliance with federal and state laws.