While emotional support animals (ESAs) can provide comfort and support to individuals with mental health conditions, some companies may make false claims about ESAs to encourage people to register their pets as emotional support animals. Here are some common lies that companies may tell people about ESAs:
GUARANTEED LEGAL PROTECTION
1. Claiming that an ESA provides legal protection for the animal to live with its owner in housing where pets are not normally allowed. While ESAs are protected under the Fair Housing Act, the protection only applies to housing that is normally not pet-friendly, and the owner must still have a valid ESA letter from a licensed mental health professional. There are still other reasons a landlord has legal protection to refuse an ESA.
MY ESA IS MY SERVICE ANIMAL
2. Saying that an ESA is the same as a service animal. Service animals are trained to perform specific tasks to assist individuals with disabilities, while ESAs provide comfort and support through their presence. Claiming your ESA is a service dog violates a Federal Law. Saying you did not know the law will not protect you.
There is a saying: Ignorance of the law is no excuse for breaking the law.
AIRLINES HAVE TO ALLOW YOU TO FLY WITH YOUR ESA
3. Suggesting that an ESA can fly with its owner for free. As of January 2021 DOT law changed and emotional support animals are not considered a protected class to fly on airlines for free. While some airlines allow ESAs to fly with their owners for free, there are strict requirements that must be met. Each airline has their own policy for this and you must contact them directly to know what their requirements are.
MY LANDLORD CANNOT DENY ME
4. Saying your landlord has to accept your ESA and there is nothing they can do about it. There are many legal reasons why a landlord can refuse an emotional support animal. In addition, if you seek an ESA letter in response to possible eviction or to illegally get around pet deposits, pet rent, fees, etc you can be prosecuted.
ITS QUICK AND EASY, EVERYBODY CAN GET APPROVED
5. An ESA evaluation will only take 15 minutes and at the end of 15 minutes you will be “approved”. An ESA evaluation is a forensic evaluation and requires much more than a 15 minute phone call. Please click the LINK to see what can go into a forensic evaluation.
It is not an approval process.
It is an clinical and legal evaluation to see if you meet criteria of having a psychiatric disability under FHA. Just like any other evalaution, it only determines if you meet the clinical and legal criteria set forth. You don’t “get approved” when you have an ADHD evaluation or when a Minnesota Multiphasic Personality Inventory-2 (MMPI-2) for personality assessment or the Wechsler Scales for intellectual measurement is completed.
Be concerned about any clinical and legal evaluation that only takes a few minutes.
I CAN HAVE AS MANY EMOTIONAL SUPPORT ANIMALS I WANT
6. While it is true there is not a set limit on the number of animals a person can have as an emotional support animal; there MUST BE A CLINICAL NEED (not want) and legal justification for each. Each animal must provide a unique and different benefit to offset your symptoms that the other animal CANNOT DO.
IT IS VERY RARE THAT A PERSON HAS A CLINICAL NEED FOR MORE THAN ONE (MAYBE TWO) EMOTIONAL SUPPORT ANIMALS.
MY ANIMAL IS REGISTERED OR I HAVE A CERTIFIED ESA
It’s important to note that there are no registration or certification databases in the United States that are recognized by the federal government. This does not stop companies form charging people to “register” or “certify” their pet as an ESA. There are some benefits to “registering” your ESA with companies and we will discuss this in another post.
Registering a pet as an ESA without a legitimate need can be harmful to those who actually need ESAs, as it can make it more difficult for them to access housing and transportation accommodations.
