Difference Between Service Animals, Emotional Support Animals and Pets: A Guide for Landlord in North Alabama

In recent years, there’s been growing confusion around the differences between emotional support animals (ESAs), service animals, and pets. While these animals may seem similar, they serve very different roles in society and have distinct legal rights and responsibilities. You should know the contrasts between service animals, emotional support animals (ESAs), and pets, this is crucial. These distinctions impact your rights and responsibilities as a property owner. 

Here’s a complete guide to help you steer this hard area. But before that, you might want to know why you need to understand this difference as a house owner.

Why You Should Know The Difference Between Service Animals, Emotional Support Animals and Pets

Landlords must know the difference between service animals, emotional support animals ESA, and pets. Each has different rights and rules.

1. Legal Needs: All these animals have different legal needs. You will treat them the same way if you don't know these. This can land you in trouble. For instance, a service animal is protected by the ADA while ESA has part covering and pets have none. (Also read; Legal Considerations For Property Managers)

You need to know the dos and don'ts so you can stay out of legal trouble and be fair. You must understand the federal law on this issue and be aware of the housing act.

2. Avoid Discrimination Claims: You can get in trouble for bias when you deny a service animal or ESA. When you know the laws, you can follow fair housing regulations and avoid fines. 

3. Fees and Deposits: Service Animals and ESAs can’t be charged pet fees or deposits for these animals. However, tenants can still be held liable for any damage caused by them. You need to know how to go about all this. (Also read: Best Practices for Security Deposit in Alabama)

4. Clear Rules for Tenants: When you know the difference, you can clearly explain your policies to tenants. This will ensure that an individual with a disability gets the accommodations they are entitled to under the law. Also, no tenant will be deprived/their assistance animal upon fulfilling every condition.

5. Protect the Property: Service animals and ESAs are individually trained to assist with a tenant’s needs. They are called assistance Animals or therapy dogs. Landlords can’t deny them based on noise or damage. Pets, however, can be confined or banned if they pose a risk to the property. (Also read: EVERYTHING YOU NEED TO KNOW ABOUT IT CAPITALIZATION RATE)

1.  What is a Service Animal?

Service animals are service dogs trained to perform specific work or tasks for people with disabilities. In some cases, miniature horses also serve the same purpose. If you have seen a dog leading a blind man, then you must have seen a service animal. A service dog is trained to do work or perform tasks.

They undergo training to perform specific tasks for an individual with a disability

What is the Role and Purpose of a Service Animal?

The purpose of service animals is to support any person with a disability. These animals are specially trained to support disabled persons. They are also known as assistance animals. Some of the purposes of assistance animals are;

• They guide visually impaired people. An example is a service dog
• They alert persons with hearing impairments
• They assist in pulling wheelchairs. Examples are miniature horses or guide dogs.
• They detect seizures, etc.

Americans with Disabilities Act (ADA)

Service Animals (assistance animals) are excluded from most animal restriction laws and federal laws in America. However, the Americans with Disabilities Act (ADA) allows people with disabilities to access their service animals. This means that service animals are allowed in all public areas, including rental properties, in spite of the pet policies in place. 

The FHA requires landlords to permit service animals or support animals even if their property has a “no pets” policy.

Training and Certification for Service Animals

Service animals undergo extensive training to perform specific tasks. Training programs ensure that these animals are capable of responding to emergencies and helping their owners navigate various environments safely. Service animals are not just pets; they are working animals.

Verification for Service Animals

Verifying service animals requires minimal documentation. The tenant can be asked if the animal is needed because of a disability. You can also ask what tasks the animal is trained to perform. But you cannot ask for documentation of the disability or the animal’s training.

Your Responsibilities to Service Animals in Your Rental Property

According to the Department of Housing, you cannot charge pet fees or pet deposits for service animals. However, the pet owner (tenant with pet) can be held accountable for any damage caused by their animals. You must make sure the property is accessible and serves the needs of tenants with service animals.

Examples of Tasks Performed by Service Animals

Some examples of tasks that service animals perform include:

• Guiding individuals with visual impairments

• Alerting individuals with hearing impairments to sounds

• Providing support for individuals with mobility impairments

• Detecting and responding to medical conditions like seizures or low blood sugar

2. What are Emotional Support Animals (ESAs)?

Emotional support animals are animals with no special training. They provide support for people who have mental or emotional challenges. Emotional Support Animals do not go through training to perform any distinct work or task.

Emotional Support Dogs Are Not Psychiatric Service Dogs

Emotional Support Dogs and Psychiatric Service Dogs can help people with mental health issues, but they are not the same. An emotional support dog gives comfort just by being there. These dogs help people feel less lonely, anxious, or sad. They don’t need special training and don’t perform specific tasks.

For example, an emotional support dog might sit with someone when they feel upset to help them calm down.

What is a Psychiatric Service Dog?

A psychiatric service dog or therapy dog is trained to do specific jobs to help someone with a mental health disability. They work like other service dogs but focus on mental health.

For example, a psychiatric service dog might wake someone from a nightmare or remind them to take their medicine. The law protects Psychiatric service dogs and allows them to go almost anywhere, like stores, restaurants, or air travel. Therapy dogs are protected by the air carrier access act.

The Key Difference Between Emotional Support Animals and Psychiatric Service Animals

The biggest difference is their training. Emotional support dogs don’t have special training. While Psychiatric service dogs or therapy dogs are trained to do specific tasks for their owner. Both are important, but they have different roles and rules.

Who Qualifies for an ESA?

To qualify for an ESA, individuals must have a diagnosed mental health condition. A licensed mental health professional must provide an ESA letter, which is a recommendation that the animal is necessary for the individual’s well-being.

How ESAs Help with Mental Health

ESAs can significantly improve the emotional well-being of people with mental health conditions by providing companionship, emotional support, and comfort. These animals can help reduce anxiety, enhance mood, and lower stress levels.

Fair Housing Act (FHA)

ESAs are protected under the Fair Housing Act (FHA). This means landlords must provide suitable housing for them. This includes properties with a “no pets” policy. 

ESAs used to have broader travel rights under the Air Carrier Access Act. But recent changes have reduced these protections. However, the FHA applies to the Department of Housing under federal law.

Verification for ESAs

ESAs may require more documents. Tenants must provide a letter from a licensed mental health professional. The letter should state that the person has a disability and the ESA provides the needed support.

Your Responsibility To ESAs

Like service animals, you can't charge pet fees, pet rent, or pet deposits for ESAs. However, pet owners (tenants with pets) are liable for any damage caused by the animal. The Department of Housing mandates that you make provisions for ESAs. Accommodate ESAs by making reasonable adjustments to your policies and property.

Role and Purpose of ESAs

The primary role of an ESA is to alleviate symptoms of mental health conditions such as anxiety, depression, PTSD, and stress. The comfort provided by these animals can help individuals cope with their disabilities in daily life.

What is the Difference Between an Emotional Support Animal and a Service Animal?

Emotional Support Animals and Service Animals both provide support to their owner. Their major difference is in the kind of support they provide. Service Animals give support to physically disabled people. Emotional Support Animals ESAs give support to mentally and emotionally disabled people. 

Key Difference Between Service Dogs and ESA

Service Dog

1. Training: They are specially trained to do tasks for a person with a disability.
2. Purpose: They help people with physical or mental disabilities. e.g., they guide the blind, alert them to seizures, or assist those with PTSD).
3. Legal Protection: They are covered under the Americans with Disabilities Act (ADA).
4. Public Access: They are allowed in most public places like restaurants, stores, and airplanes.
5. Species: They are usually dogs (sometimes miniature horses).
6. Tasks: They perform specific, trained tasks related to the person’s disability.

ESA

1. Training: They don't have special training.
2. Purpose: They provide comfort and emotional support for people with mental health conditions like anxiety or depression.
3. Legal Protection: They are not covered under the ADA. But they may have housing and air travel protections under the Fair Housing Act (FHA) or other rules.
4. Public Access: They are not allowed in most public places where pets are not allowed.
5. Species: These can be various animals, not just dogs.
6. Tasks: They do not perform specific tasks; they help emotional well-being.

3. What are Pets?

Pets are animals kept for companionship and personal pleasure. They do not perform work or tasks related to a person with a disability. They also do not carry out tasks for emotional support.

Role of Pets in a Household

Pets, such as dogs, cats, and birds, are valued for their companionship, entertainment, and unconditional love. While pets may improve quality of life, they do not provide the same therapeutic or assistive roles as emotional support animals or service animals.

Legal Protections for Pets

Pets do not have the legal protections under federal law that service animals and ESAs do. Landlords can enforce their pet policies with pets and pet owners. This includes constraints on the types, sizes, and breeds of pets.

Verification for Pets

Landlords can ask for pet applications and references. You can ask for details about the pet’s breed, size, and health status. The house owner also has the will to decide on the pet policies he chooses to put in place.

Your Responsibilities to Pets

You can charge pet rent or fees, pet deposits, and additional rent for pet owners. Ensure these charges comply with local and federal laws. Enforce clear pet policies on behavior, noise, and cleanliness. Mandate tenants with pets to adhere to these rules to maintain a peaceful living environment.

Best Practices for Landlords

For a landlord to rightly enforce policies and manage animal rights, you must know and enforce the best practices. Below are some of the best practices for landlords. You can find more of this with the Department of Housing. (Also read 10 Real Estate Asset Management Best Practices for Landlords)

Create a Clear Policy

Have clear, written policies for service animals, Emotional Support Animals, and pets. Include these policies in your lease deal and tenant handbooks. Consistently apply your policies to avoid claims of bias.

(Also read: Navigating Animal Policy in Rental Properties)

Educate Your Staff

Make sure your property management staff understands the legal distinctions and requirements for service animals, ESAs, and pets. Keep them updated on any changes in federal law, state law, or local laws on animals in rental properties.

Handle Requests Professionally

Respond promptly and professionally to requests for housing involving service animals and ESAs. Keep detailed records of all requests and your responses. Include any supporting documentation provided by tenants. (Also read: Why Should You Outsource Your Property Management?)

Maintain Property Standards

Conduct regular property inspections to ensure animals are not causing damage or creating health hazards. Address any property issues promptly and ensure all tenants' common areas are clean and safe. (Also read: Importance of Regular Property Maintenance and Inspections)

Difference Between Emotional Support Animals, Service Animals, and Pets.

Conclusion

Knowing the differences between service animals, emotional support animals, and pets is essential for landlords in North Alabama. More so to avoid any legal dispute or bias. By knowing the legal protections and responsibilities associated with each, you can create a welcoming and compliant rental environment. 

Navigating the complexities of animal housing can pose some challenges to you. You can contact our property management team today if you need assistance in managing your rental property. We offer expert guidance and comprehensive services to ensure your property complies with all legal requirements.

You might also want to read

Pros and Cons of Allowing Pets in Your North Alabama Rental Property

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How to Find the Right Tenants for Your Rental Properties

Frequently Asked Questions on Emotional Support Animals, Service Animals, and Pets

1. What is the difference between support pets and emotional support animals (ESAs)?

Support pets refer to animals that provide companionship and comfort but are not legally recognized as emotional support animals. Emotional support animals (ESAs) are specifically prescribed for individuals with mental health conditions like anxiety or depression and offer therapeutic benefits through companionship. ESAs have legal protections under the Fair Housing Act, but do not have the same access rights as service animals.

2. How do I get an ESA letter, and what is an ESA letter template?

An ESA letter is a prescription written by a licensed mental health professional stating that you have a legitimate need for an emotional support animal due to a mental health condition. The ESA letter template typically includes three (3) things:

• Your mental health diagnosis
• The recommendation for an ESA
• and a statement that the animal helps alleviate your symptoms. 

You should obtain this letter directly from a licensed therapist or physician.

3. Where can I find an emotional support animal letter template?

You can find an emotional support animal letter template online through mental health websites, legal services, or ESA organizations. However, be cautious, as legitimate ESA letters must be issued by a licensed therapist or doctor. Using a template without professional input could result in legal complications when traveling or in housing situations.

4. Do emotional support animals need an emotional support animal vest?

No, an emotional support animal vest is not required by law. However, many owners choose to have their ESAs wear one for identification. The vest can help indicate that the animal is serving a specific role for their owner, hence, more public access. However, it’s important to note that an ESA vest doesn’t grant any legal rights to access public places.

5. What is psychiatric service dog training, and how does it differ from ESA training?

Psychiatric service dog training involves teaching the dog to perform specific tasks for individuals with mental health conditions. This includes alerting to signs of an anxiety attack or providing calming pressure during stress. Emotional support animals provide comfort without formal training, while psychiatric service dogs undergo rigorous training to perform specialized tasks. This allows them to access public spaces under the Americans with Disabilities Act (ADA).

6. Are service dog vests required by law?

No, service dog vests are not required by law, but they are helpful in identifying a service dog in public. The ADA does not mandate that service animals wear any specific attire. A vest only makes it easier for the public and businesses to recognize that the animal is a service dog. Keep in mind that the vest alone does not determine if an animal qualifies as a service animal.

7. Can a cat be an emotional support animal or service animal?

Yes, service cats are rare, but cats can be trained to perform specific tasks. They can alert their owner to certain medical conditions or provide emotional support. Cats are generally not as commonly used as service animals compared to dogs. Yet, they can still qualify as emotional support animals with proper documentation (an ESA letter). 

Service cats that perform trained tasks may have similar rights to dogs under the ADA for public access.

8. What are the benefits of having an emotional support animal?

Having an emotional support animal can provide comfort and alleviate symptoms of anxiety. It can also reduce symptoms of depression, PTSD, and other mental health conditions. ESAs offer companionship, reduce stress, and can help individuals feel more secure and less isolated. Though ESAs don't perform tasks like service animals, their calming presence can be invaluable for emotional well-being.

9. Can a pet be an emotional support animal (ESA)?

Yes, your pet can become an emotional support animal. You will need a diagnosed mental health condition and a letter from a licensed therapist or mental health professional. The letter will state that the animal provides therapeutic benefits. Pets are mostly not covered by the same legal rights as service animals, but they can be legally recognized as ESAs with proper documentation.

10. What legal rights do emotional support animals (ESAs) have?

Emotional support animals are granted specific legal rights under the Fair Housing Act (FHA). This allows them to live in housing that may otherwise have a no-pet policy. However, ESAs do not have the same public access rights as service animals. In some cases, they are also allowed to travel in the cabin of an airplane, though airlines have become stricter in recent years.

11. How can I train my pet to be a service animal or emotional support animal?

Training your pet to be an emotional support animal usually requires no formal training. The animal just has to provide comfort and support for your specific mental health condition. For a service animal, formal training is necessary to perform tasks that assist with a disability. 

It is advisable to seek professional service dog training programs if you need a dog to perform specific tasks. Service animals have extensive training to meet legal standards under the ADA.

12. How do I qualify for an emotional support animal?

To qualify for an emotional support animal, you must have a diagnosed mental health condition (such as anxiety, depression, PTSD, etc.) and obtain an ESA letter from a licensed mental health professional. This letter should state that the ESA is necessary for your emotional well-being. If you are unsure whether you qualify, it’s best to speak with your therapist or doctor.

13. Can a cat be a service animal?

Yes, a cat can be a service animal under the Americans with Disabilities Act (ADA), but it is rare. Service animals are typically dogs, but in some cases, a service cat can be trained to perform some specific tasks. One of such is to provide support for individuals with medical conditions like anxiety or PTSD. However, service cats must be individually trained to perform tasks that mitigate the disability.

14. Can an emotional support animal be a cat?

Yes, a cat can be an emotional support animal (ESA). Emotional support animals, including cats, provide comfort and support for individuals with mental health conditions like anxiety, depression, and PTSD. To make your cat an ESA, you must obtain an ESA letter from a licensed mental health professional. It should state that the animal helps alleviate your emotional or psychological symptoms.

15. What is involved in emotional support dog training?

Emotional support dog training typically focuses on socialization and ensuring the dog is well-behaved in public. Emotional support dogs are not required to perform specific tasks like service animals. Yet, they should be trained so the dog can provide comfort and companionship to their owner in different environments. Training should focus on obedience, calmness, and proper behavior around strangers to ensure the dog is safe with people.

16. Is Support Pets a legitimate service?

Whether a Support Pet is a legitimate service largely depends on the context. If you are referring to outfits that help you find emotional support animals or service animals, ensure that they are reputable. Also, make sure they follow legal guidelines for emotional support animal letters and certifications. 

Supporting pets in terms of providing emotional support or companionship is legitimate. You just have to make sure they are accompanied by a professional ESA letter from a licensed therapist. Be cautious of scams and always seek professionals for ESA documentation.

17. What are the types of service dogs?

There are several types of service dogs, each trained to assist individuals with specific disabilities:

• Guide Dogs: Help individuals with visual impairments navigate the world.
• Hearing Dogs: Assist people with hearing impairments by alerting them to sounds, like doorbells or alarms.
• Mobility Assistance Dogs: Aid individuals with physical disabilities, such as helping with balance or retrieving items.
• Psychiatric Service Dogs: Assist individuals with mental health conditions like PTSD. They provide comfort, alert to emotional triggers, or perform tasks to prevent a crisis.
• Medical Alert Dogs: Trained to detect medical conditions such as seizures, low blood sugar, or allergies.

18. Can an emotional support stuffed animal help with anxiety or stress?

An emotional support stuffed animal may provide comfort in some situations. But it does not legally qualify as an emotional support animal. A stuffed animal can provide a sense of comfort and security, especially in stressful situations. However, it can not offer the therapeutic benefits that a living emotional support animal can provide. 

ESAs are recognized for their ability to provide real-time companionship and emotional support. While a stuffed animal cannot actively mitigate symptoms of mental health conditions.

19. What is an ESA letter for housing?

An ESA letter for housing is a letter from a licensed mental health professional that states that you have a mental health condition and that an emotional support animal (ESA) is necessary for your well-being. Under the Fair Housing Act (FHA), ESAs are allowed to live with you in housing that otherwise has a no-pet policy, as long as you provide the ESA letter to your landlord. This letter must be legitimate and issued by a licensed therapist or doctor.

20. How do I obtain a service dog?

To obtain a service dog, you must first have a documented disability that requires assistance. Next, you will need to either:

• Adopt or purchase a dog that is specifically trained to perform tasks related to your disability.
• Train the dog yourself or enroll in a service dog training program that provides specialized training for tasks like guiding, alerting, or assisting with mobility. It’s important to choose a reputable organization if you plan to adopt a service dog. The training is extensive and must meet legal standards for access under the Americans with Disabilities Act (ADA).

21. How to register an emotional support animal for free?

There is no official ESA registration because emotional support animals are not legally required to be registered. However, you can obtain an ESA letter from a licensed mental health professional. This is the only legal documentation needed to qualify your pet as an ESA. 

Many online services offer registration or certification for a fee, but they are not necessary and don’t carry legal weight. Be cautious of scams offering “free” registration, as legitimate ESA letters must come from a licensed therapist or physician.

22. How to register your dog as an emotional support dog?

To register your dog as an emotional support dog, you must:

1. Have a diagnosed mental health condition.
2. Obtain an ESA letter from a licensed mental health professional stating that you need your dog for emotional support.
3. Once you have the letter, you may choose to register your dog with an ESA registry (optional). However, registration is not required to have an ESA letter and gain the legal protections provided under the Fair Housing Act and certain travel laws.

23. How to catch a fake service dog?

To catch a fake service dog, look for signs that indicate the dog is not trained for the job:

• Behavioral Issues: Fake service dogs may exhibit disruptive behaviors, such as barking, jumping, or begging for food.
• Lack of Focus: Service dogs should be focused on their task and well-behaved in public. Fake service dogs may wander or be distracted.
• No Tasks: Genuine service dogs perform specific tasks for their owner, such as guiding, providing balance, or alerting to medical conditions. If a dog is not performing a specific task, it may not be a legitimate service animal. Note that asking for documentation is legal, and businesses may inquire whether a service animal is needed due to a disability.

24. What does ESA stand for?

ESA stands for Emotional Support Animal. An ESA is an animal that provides therapeutic benefits to an individual with a mental health condition. ESAs are protected under the Fair Housing Act and Air Carrier Access Act. This allows them to live with their owners in housing with no-pet policies and travel with them on airplanes in certain situations.

25. How many ESAs can you have?

There is no legal limit to the number of emotional support animals (ESAs) you can have. However, each ESA must be deemed necessary for your mental health by a licensed therapist or doctor. It’s important to ensure that you can care for and properly manage multiple ESAs. Having more than one animal may require special considerations, particularly in housing or travel situations.

26. Where Can Emotional Support Animals Go?

ESAs are allowed in housing units with no-pet policies under the Fair Housing Act, and in some cases, they are allowed to travel with their owners in the cabin of an airplane. However, many airlines now have stricter requirements.

27. Where Can Service Animals Go?

Service animals have the right to accompany their owners in almost all public spaces, including restaurants, hotels, and public transportation, under the Americans with Disabilities Act (ADA).

28. What About Pets in Public Spaces?

Pets are not granted access to public spaces by law. They can only go to pet-friendly places or areas that specifically allow pets.