Photo by Jaroslaw Slodkiewicz on Unsplash
Our pets comfort us. That’s a pretty fair statement, right? Even when the world seems bleak, we know when we walk through the front door after a long day, our best friends will be there to greet us, eagerly awaiting time and attention. No matter what kind of pet(s) we have, most of us will probably agree they are the proverbial bright spot on even the worst days. Those who struggle with mental health issues, such as depression and anxiety, may even have their pet classified as an emotional support animal.
Emotional support animals, however, aren’t the same as service animals and have different legal protections. Knowing the difference is important to determining what type, if either, you need and what protections you will enjoy in Pennsylvania with both.
What is a service animal?
Before we delve into our discussion of emotional support animals, let’s first take a brief look at service animals. The American Disabilities Act (ADA) defines a service animal as a dog, regardless of breed or size, or a miniature horse, who has been “trained to perform a task directly related to a person’s disability.”
A service dog may assist someone with epilepsy, for example. Commonly referred to as a “seizure dog,” a seizure predicting dog might be trained to alert their owner when there are signs of an oncoming seizure while a seizure response dog, the most common type of seizure dog, assists their owner during and/or after a seizure.
Service animals can generally go places – hospitals, hotels, schools, stores, restaurants, and emergency shelters – that pets may not be allowed. That’s because, according to the law, service animals are not pets.
Here’s more information about service animals.
What is an emotional support animal?
One important distinction of both service animals and emotional support animals (ESAs) is they, under the law, are not considered pets. Unlike service animals which must be dogs according to the ADA, emotional support animals, sometimes called assistance animals, can be a dog, cat, rabbit, hamster, guinea pig, fish, turtle, or other domesticated animal. While domesticated animals can serve as an ESA, there is one important caveat. You must keep your ESA under control at all times.
ESAs offer emotional support, providing comfort during and after a panic attack, for example, but they do not and are not trained to do specific tasks, such as helping after a seizure, and therefore are not covered under the ADA. If you suffer from a mental health condition – such as anxiety, depression, PTSD, or bipolar disorder – your Licensed Mental Health Professional (LMHP) may suggest an emotional support animal.
Where can emotional supports animal go?
While service animals are typically allowed to go anywhere, including hotels and restaurants, the public is permitted, that doesn’t extend to ESAs. However, emotional support animals are covered by the Fair Housing Act (FHA), which affords you certain protections when it comes to housing, including:
- Those with an ESA do not have to pay a pet deposit, a pet fee, or pet rent because, according to the ADA’s definition, emotional support animals are not pets.
- Even those landlords who own properties that do not allow pets must typically allow ESAs.
- Property owners cannot insist that ESAs meet specific breed or size requirements.
If you’re renting a property, ensure you take care of it as you will likely be financially responsible for any damage your assistance animal causes.
Landlords cannot deny an assistance animal unless the ESA “poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the individual takes to maintain or control the animal.” (Source: U.S. Department of Housing and Urban Development)
How to Get an ESA
If you have a mental health or other condition and would benefit from an ESA, you must obtain a letter from a Licensed Mental Health Professional (LMHP) as part of the process. Obtaining a letter designating your pet as an emotional support animal requires a few steps. Don’t expect to go online, answer a few questions, and print out a letter. Go through the proper steps to ensure your ESA letter is recognized in Pennsylvania.
Step One: Determine if you need an ESA
Do you have a mental health condition, such as anxiety, that has a negative impact on your daily life? Anxiety, for example, may make it difficult for you to accomplish everyday tasks or to sleep. If you think you would benefit from an ESA, move on to step two.
Step Two: Make an appointment with your LMHP
If you don’t already work with a Licensed Mental Health Professional – a psychologist, psychiatrist, or therapist – find one who is licensed to practice in Pennsylvania. You can also ask your PCP if they’re able to write a letter, after an evaluation, on your behalf.
Step Three: Complete an assessment
While you must be evaluated by an LMHP or PCP licensed to practice in Pennsylvania, you can undergo that assessment in person or via telehealth, if available.
Step Four: Receive the ESA letter
If your LMHP agrees that an emotional support animal will benefit you, they will write a letter stating that. Look over the letter to ensure it has been written on official letterhead and includes the LMHP’s license number and contact information.
It’s that easy, but it does take time.
Beware of Scams
As with just about anything in life, there are scams we have to worry about, from both those who want an ESA without genuinely needing one to companies that promise quick and cheap letters. While having your pet classified as an ESA may seem like an easy way to fix a problem – facing eviction because you have a pet without permission, not being able to afford pet rent, or having difficulty finding pet-friendly housing – the fact is that applying for one when you really don’t need an ESA can cause problems for those who really do need an emotional support animal.
Unfortunately, some scrupulous companies promise letters for individuals who don’t have a true need for an ESA and those who do and don’t know the proper channel through which to go. Landlords are also becoming more aware of ESA fraud, so it’s important to know how to spot a scam.
Here are a few red flags to keep an eye out for:
- Instant approval from a company that promises ESA letters
- Not having to consult with, either online or in person, a LMHP, such as a psychologist or a therapist
- Receiving a certificate rather than a letter from a LMHP on their letterhead
- A letter signed by a LMHP who is not licensed to practice in Pennsylvania
- False claims, including you can take an ESA with you anywhere
- Promises the company will provide you with emotional support animal registration, which does not exist in Pennsylvania
Your best bet, to avoid being scammed, is to contact a LMHP or your PCP to schedule an evaluation. Even though it may take some time to get an appointment, depending on how your provider works, going through the proper channels will ensure you have everything you need for an assistance animal.
Understanding how to legally obtain a letter for an ESA and your rights when you have one is essential. While it can be time-consuming, getting the letter is relatively straightforward and will provide you with protection when securing housing.
