LOUISVILLE, Ky. — There is a big difference between an emotional support animal and a service animal. They also have different protections under the law.
Here is what the law says about registering both emotional support (ESA) and service animals.
Service Animals:
Firstly, there is no national database for service animals and there is no legal requirement to register your animal with any official government agency or organization.
According to the Americans with Disabilities Act (ADA), "service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities."
Examples of tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, and other duties.
Only dogs can be service animals under the ADA and they can go wherever their handler is also allowed.
The only legal requirements for a service animal is that it be trained to do specific tasks for the handler and be a dog.
Under the ADA, "service animals must be harnessed, leashed, or tethered, unless the individual’s disability prevents using these devices or these devices interfere with the service animal’s safe, effective performance of tasks."
Under the Fair Housing Act, there may be different rules that apply when a person with a disability uses a service animal. The U.S. Department of Housing and Urban Development is responsible for administering the Fair Housing Act.
If it is unclear whether someone’s dog is a service dog, people can ask for certain information using two questions:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
People cannot:
- Request any documentation that the dog is registered, licensed, or certified as a service animal
- Require that the dog demonstrate its task, or inquire about the nature of the person’s disability
This is because there is no legal requirement for a service animal to wear a vest, collar or any other item identifying them as a service animal.
Service animals simply need to be trained to perform certain tasks. Beware of scams from businesses or individuals who ask for money to register your service animal or provide any specific documentation for your service animal.
There is also no legal requirement to use a specific service or training for a service animals. An owner can train the animal to fit their needs themselves or use a local organization to do so.
State/local governments can:
- Require service dogs to be licensed and vaccinated, if all dogs are required to be licensed and vaccinated
- Offer voluntary service dog registration programs
State/local governments can’t:
- Require certification or registration of service dogs
- Ban a service dog based on its breed
There are some more specific examples of places a service animal may not be allowed or other restrictions. For more information, check out the ADA website.
Emotional Support Animals:
There are very few regulations for emotional support animals (ESA) and lots of scam websites on the internet who claim they can help "officially register" your animal.
Firstly, there is no national database for emotional support animals and there is no legal requirement to register your animal with any official government agency or organization.
According to the ADA, terms like emotional support or therapy animals "are used to describe animals that provide comfort just by being with a person."
An ESA can be any animal, whether it be a dog, cat, bird or any animal who brings comfort to its owner.
Since, these animals do not require any training, do not have to be dogs and do not perform a specific job or task, they do not qualify as service animals under the ADA and are not offered the same protections under the law.
While there is no database where you need to register an ESA, you do still need paperwork.
To qualify for an ESA, you need to have written documentation from a licensed mental health professional stating the purpose of the animal and verifying your diagnosis.
An official letter will also have a mental health professionals name, contact information, license number, an official letterhead and their signature.
There is no legal requirement to register your ESA yearly but some landlords may need updated documentation so it is important to continually reach out to your mental health professional,
Kentucky does have a statute about qualifications for an ESA. The statute specifically outlines who can qualify for an ESA and waives any pet fees associated with an ESA in apartments and other housing.
People who falsify documents or lie about having an ESA or service animal for housing, could face a fine up to $1,000, according to the statute.
Make sure to avoid scams when it comes to making your pet an ESA.
If you see a site who makes you pay for an ESA letter without having you first speak to a licensed mental health professional, this is most likely a scam.
Some sites may tell you to purchase a special vest or collar for an ESA, these are also indicators the site may be a scam.
The only thing you need to have an official ESA, is a letter from a licensed mental health professional and the animal you wish to keep with you.
