Is a "Emotional Support Dog" a service animal?

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Holly53
Level 2
San Juan Capistrano, CA

Is a "Emotional Support Dog" a service animal?

Emotional Support Dog a service animail?

1 Best Answer
Victoria57
Level 10
Strathpeffer, United Kingdom

That could open up a can of (emotional support) worms.

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Sandra126
Level 10
Daylesford, Australia

Never heard of it so I looked it up: http://usdogregistry.org/information/information-on-emotional-support-dogs/

Apparently they fly for free, but need a doctor's certificate to say that is what they are, also used for landlords etc. So I'd say yes, but read the link!

Holly53
Level 2
San Juan Capistrano, CA

Thanks Sandra, after doing lots of reading for my state (Calif), a service dog is one that is specifically trained to perform a specific task for one with a disibality.  Such as:  alert to noise like the telephone or door bell if one is hearing impaired or pick up a dropped object or press a elevator button if a person cant move their arms or hands. They can also alert the handler prior to the handler having a seizure etc.  A emotional support dog is not a service dog.  But then there is the fine line - if a emotional support dog keeps someone from causing harm to themselves or provides emotional security for the handlers stability then the dog could be considered as a service dog.  So my decision in my case is to accept the pet regardless and just avoid what could turn into a huge can of worms.  Each state may be different but for the most part, the ADA (American Disability's Act) it's pretty straight forward.

I had a guest that told me she was bringing her "Service" animal.  I thought legally I should allow it since she needed it.  Well, she left my china bowls on the floor with dog food in it. Then her dog must have used the bathroom in my bedroom because my dog kept sniffing a spot and tried to mark it.  I should be able to refuse such an animal. My listing says no dogs.  Now I think she was lying just to let her dog sleep there.  I am angry.

Yes, I am in California as well and a man came with a pitbull and snuck it in to the unit and then when I went to clean I stepped in a big puddle of pee on the carpet that soaked through to the wood floor.

I had heard the dog barking because he left it alone all day to go to a wedding and when I asked him about the dog and told him there were no pets he said it was not a pet that it was a service animal.😡

EMOTIONAL SUPPORT ANIMAL IS NOT A SERVICE ANIMAL. I am not saying this out of anger, but I want people to notice this when they search this up, because for veterans like me and/ or others with service animals, which are trained animals that mitigate disabilities, toying with this presumption that ESAs actually have the same rights as service animals is really dangerous. It is illegalfor you to bring an emotional support animal into a hotel, a store, or a public place as they do not perform tasks. Service animals are there to actually perform tasks, they are working animals that are constantly there to assist with daily living that is difficult for disabled persons. PLEASE READ THIS... if you think you can take your ESA into stores, think again. It is a misdeamanor in most states. They are not service animals, and impersonating one ruins rights for veterans and disabled people.

It is very frustrating to people who have esa dogs claim their dogs as service dogs.  I just recently had a guest who claimed her dog was a service dog.  I have a service dog so I was expecting the level of training that my dog has. This dog srounges for food, used the bathroom inside, had no clear commands, and was not trained to provide a specific task. It is California state law that if you have a service dog it has to be trained for a specific take for that handler and must sign an affidavit having it licensed as a service dog. ESA dogs do not have to be trained to that level and still fall under the fair housing act but a dog that is pooping and peeing in the house is not an ESA dog or the owner needs to do major retraining. 

Juliette - First and foremost, thank you for your service!  I am a disabled and a veteran, and I mirror everything you say. Have an awesome day and thank you for your comments!

Actually emotional support dogs are legal.  We allow animals in our air bnbs.  It is very difficult for people to find dog friendly air bnbs.  We have not had any issues at all.  

 

Airbnb recognizes ESA dogs as assistance animals and will allow them to stay under their non-discrimination policy.

 

I agree the rights of those with ESAs are generally fewer than those with a service animal but they shouldn't be dismissed as non vital.

 

I am going out of state without family or caretaker for 10 weeks of daily medical treatment. My ESA dog is used to help me deal with an incurable, chronic pain condition aka suicide disease.

 

 

It is NOT illegal. The ESA may or may not be allowed according to the business's policies. To say that an ESA dog is ILLEGAL in a hotel, a store, and a public place is misleading and not factual. While there may be owners out there with a pet impersonating an ESA, real ESAs are not illegal. 

Victoria57
Level 10
Strathpeffer, United Kingdom

That could open up a can of (emotional support) worms.

No, an "Emotional Support Dog" is not officially a Service Animal.   As a private owner, you do not have to allow Emotional Support dogs on your property.   Even Airbnb's policies state that you do not have to accept service dogs if it causes you or your family medical harm (like being allergic). 

The law that allows a trained service dog to accompany a person with a disability is the Americans with Disabilities Act (ADA). 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. 

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. These tasks can include things like pulling a wheelchair, guiding a person who is visually impaired, alerting a person who is having a seizure, or even calming a person who suffers from Post-Traumatic Stress Disorder. The tasks a service dog can perform are not limited to this list. However, the work or task a service dog does must be directly related to the person's disability. Service dogs may accompany persons with disabilities into places that the public normally goes. This includes state and local government buildings, businesses open to the public, public transportation, and non-profit organizations open to the public. The law that allows a trained service dog to accompany a person with a disability is the Americans with Disabilities Act (ADA).

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. The animal provides emotional support and comfort to individuals with psychiatric disabilities and other mental impairments. The animal is not specifically trained to perform tasks for a person who suffers from emotional disabilities. Unlike a service animal, an emotional support animal is not granted access to places of public accommodation. Under the federal Fair Housing Act (FHA), an emotional support animal is viewed as a "reasonable accommodation" in a housing unit that has a "no pets" rule for its residents. 

The Fair Housing Act (FHA) does apply to almost all housing types including those for sale or rent. This includes apartments, condominiums, and single family homes. There are some major exceptions, such as buildings with four or fewer units where the landlord lives in one of the units. The law also excludes private owners who do not own more than three single family homes, do not use real estate agents or brokers, and do not engage in discriminatory advertising practices. For more on what the FHAct covers, go to http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

 

https://www.animallaw.info/article/faqs-emotional-support-animals

To be clear, you are exempt from having to make a "reasonable accommodation" under FHA when you are a landlord renting space in your primary residence only if the residence contains living quarters occupied or intended to be occupied by three or less other families living independently of each other, such as an owner-occupied rooming house.