As a licensed medical or mental health provider, you may be asked to evaluate whether a person qualifies for an emotional support animal (ESA) under the Fair Housing Act (FHA).
The Federal Housing Administration (FHA) provides guidelines for housing providers under the Fair Housing Act (FHA) regarding the accommodation of individuals with disabilities. According to the FHA, individuals with disabilities may require the use of an emotional support animal (ESA) to alleviate symptoms of their disability.
Under the FHA, landlords and property owners must make reasonable accommodations for individuals with disabilities, including allowing them to have an emotional support animal even if the property has a no-pet policy. However, the individual must provide documentation from a healthcare professional that the animal is necessary to alleviate symptoms of their disability.
It’s important to note that emotional support animals are not considered service animals and are not granted the same legal protections under the Americans with Disabilities Act (ADA). The FHA applies specifically to housing accommodations, while the ADA covers public accommodations, such as restaurants, stores, and other places open to the public.
Under the Fair Housing Act (FHA), disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, speaking, breathing, learning, working, and interacting with others.
A person with a disability under the FHA can also include someone who has a record of such an impairment, or is regarded as having such an impairment. This definition is intentionally broad to cover a wide range of disabilities and ensure that individuals with disabilities are protected from discrimination in housing.
A mental health or psychiatric disability is considered a disability under the Fair Housing Act (FHA) if it substantially limits one or more major life activities. Major life activities affected by mental health or psychiatric disabilities may include but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, speaking, breathing, learning, working, and interacting with others.
Examples of mental health or psychiatric disabilities that may be covered under the FHA include depression, anxiety disorders, post-traumatic stress disorder (PTSD), bipolar disorder, and schizophrenia, among others. Diagnosis alone does not meet criteria under FHA.
Quick Overview:
- Patient/ client must have a mental health/ psychiatric diagnosis.
- Diagnosis must be severe enough to warrant a disability. Things such as uncomplicated bereavement or adjustment disorders by nature and time frame are not considered a disability.
- Severity of disability must be determined. (WHODAS)
- The disability must substantially limit major life activities.
Things for Consideration
ESA Does More Harm Than Good
While emotional support animals (ESAs) can provide comfort and support for many individuals with mental health conditions, there are some cases where having an ESA can actually make their mental health worse. Here is an example:
Someone with severe anxiety decides to get an ESA in the form of a dog. However, this person has never owned a pet before and is not familiar with the responsibilities and demands of pet ownership. As a result, they struggle to provide the proper care and attention to their dog, which can lead to the animal becoming unruly and unmanageable.
This can exacerbate the individual’s anxiety and stress levels, as they are constantly worried about the well-being of their animal and the impact their behavior may have on others. They may also become overwhelmed with the added responsibility of pet ownership and the financial burden that comes with it.
In this case, the individual may have had good intentions in getting an ESA, but their lack of experience and understanding of pet ownership can actually worsen their mental health. It is important for individuals to carefully consider their ability to care for an animal and seek guidance from qualified professionals before deciding to get an ESA.
Mental Health Causes Harm to the Animal
While emotional support animals (ESAs) can provide comfort and support for their owners, there are cases where individuals with ESAs may unintentionally cause harm to their animal’s health and well-being. Here is an example:
Someone has a large dog they have designated as their ESA. However, this person lives in a small apartment and does not provide adequate exercise or mental stimulation for their dog. The animal is confined to the apartment for long periods and does not receive enough opportunities for physical activity or socialization.
This can lead to the dog developing health problems such as obesity, joint problems, and behavioral issues such as anxiety and destructive behavior. Additionally, if the dog is not properly trained or socialized, it may become aggressive or fearful, which can be dangerous for both the animal and others around it.
In this case, the individual’s lack of consideration for their animal’s needs and well-being can be harmful to the animal’s physical and mental health. It is important for individuals with ESAs to understand the responsibilities that come with pet ownership and to ensure that their animal is receiving the proper care and attention it needs to thrive. This includes providing adequate exercise, socialization, and medical care, as well as adhering to any local laws and regulations regarding pet ownership.
SubRosa Mental Services provides a client-forward approach to helping individuals, businesses, and children, in addition to offering life coaching and emotional support animal assistance. Reach out today to find out more.
