Since we do not know all of the specifics of your situation, we will address the different requirements and legal rights for both service dogs and emotional support animals. This is only our layman’s opinion and is not to be deemed as legal advice.
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Frequently Asked Questions
What is the difference between a Service Dog and Emotional Support Animal (ESA)?
Is a psychiatric service animal (PSA) a service animal?
Yes, a psychiatric service animal (PSA) is a type of service animal for people with mental or emotional disabilities. PSA’s have all the same legal rights as service animals.
Can my ESA live in housing that has a “no pet policy”?
Yes, however per US Federal laws landlords/property managers have the right to require someone who has an emotional support animal to have a “properly” written ESA letter prescribed by a licensed therapist before they can live in “no pet housing” with no fees.
If you have an emotional/mental disability (i.e. anxiety, a phobia, PTSD, depression, etc…) and your animal provides you comfort then our therapist will likely be able to approve you for an ESA housing letter which are legally written and must be accepted by the landlord/property manager. However, only our licensed therapist can approve you after their assessment.
Can my service dog fly in the main cabin of an airline?
According to the new US Department of Transportation rules, all airlines MUST ACCEPT service dogs in the main cabin. In addition to being able to fly in the main cabin of an airplane with no fees, service dogs have full access to all public places including hotels.
You will have to fill out the airline’s paperwork (Department of Transportation forms) certifying that your dog has been specifically trained to assist you with your disability. Your dog can be trained by anyone including yourself.
In addition, though not legally required, having supporting gear (ID card, vest, leash, collar, tags, etc…) helps eliminate hassles from the uninformed airline staff and public.
A psychiatric service animal (PSA) is a type of service animal for people with mental or emotional disabilities. People with PSA’s are often hassled by uninformed airline staff. The reason is because psychiatric disabilities are not visible like physical disabilities, so airline staff assume they are faking the disability. A written recommendation letter from a licensed therapist helps in these situations.
In order for your dog to qualify as a psychiatric service animal (PSA) you would have to certify to the airline that your dog has been individually trained (can be trained by anyone) to mitigate your psychiatric disability. There is no required proof of training, only a certification by you. Your dog’s function is NOT to provide emotional support, but to perform tasks which enable you to function in ordinary ways the non-disabled take for granted. You do not need to specify the specifics of your disability to the airline. All airlines must accept PSA’s. The PSA letter will be used as supporting documentation when completing the Department of Transportation paperwork.
Can my ESA stay in a hotel?
Hotels are not legally required to accept ESA’s. However, some will voluntarily accept them with an ESA letter. It’s always best to check with the hotel prior to booking to find out what their policy is regarding ESA’s.
Having supporting gear (ID card, vest, leash, collar, tags, etc…) helps eliminate hassles from the uninformed public.
Can my service dog stay in a hotel?
Yes, per federal law (Americans With Disabilities Act) service dogs have access to most places the general public has access to including hotels. The service dog laws (Americans With Disabilities Act administered by the Civil Rights Division of the Justice Department) essentially work on the honor system. If someone has and states they have a disability and their dog has been trained to assist them with their disability then their dog qualifies as a service dog. There is no required certification process.
We have had a number of customers report to us that they notified the hotel in advance that they would be staying at their property with a service dog. To avoid hassles from uninformed hotel staff and other hotel patrons they use supporting gear (i.e. ID card, vest, leash, collar tag, etc…).
There are several reason why a hotel could deny you. One would be if your dog is causing a nuisance. They can also deny you if your specific dog poses a direct threat to the safety of others, but it can't be because of the breed or weight of the dog, rather the determination of a "direct threat" must be based on "individualized assessment that relies on objective evidence about the specific animal's actual conduct."
What should I do if my service dog is denied access to a business open to the public?
Per federal law (Americans With Disabilities Act) service dogs have access to most places the general public has access to.
If you are denied access with your service dog then you can either refuse to leave, leave and do business at a different business, or contact an attorney and discuss filing a case of your civil rights being violated per the Americans With Disabilities Act.
A better solution is to have your dog registered for free AND purchase supporting gear. Many of our customers who do this say it helps to eliminate conflict from the uninformed public and makes their time in public with their dog more peaceful.
There are many uninformed businesses that require someone with a service dog to show their registration ID card or require the dog to be wearing a service dog vest before they will accept the service dog into their place of business.We have had a number of customers report to us that they notified the hotel in advance that they would be staying at their property with a service dog. To avoid hassles from uninformed hotel staff and other hotel patrons they use supporting gear (i.e. ID card, vest, leash, collar tag, etc…).
There are several reason why a hotel could deny you. One would be if your dog is causing a nuisance. They can also deny you if your specific dog poses a direct threat to the safety of others, but it can't be because of the breed or weight of the dog, rather the determination of a "direct threat" must be based on "individualized assessment that relies on objective evidence about the specific animal's actual conduct."
Are there age, weight, or breed restrictions for ESA’s or Service Dogs?
There are NO breed, age or size restrictions for service dogs or emotional support animals.
Further, the service dog laws (Americans With Disabilities Act administered by the Civil Rights Division of the Justice Department) essentially work on the honor system. If someone has and states they have a disability and their dog has been trained to assist them with their disability then their dog qualifies as a service dog. There is no required certification process.
A business owner or landlord/property manager has to have firsthand knowledge that your particular dog poses a direct threat to the safety of someone (not the breed posing a direct threat, but your particular dog).
Landlords and property managers must comply with the Fair Housing Act.
https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals
Does your specific dog pose a direct threat to the safety of anyone? They can deny you if it does, but it can't be because of the breed or weight of the dog, rather the determination of a "direct threat" must be based on "individualized assessment that relies on objective evidence about the specific animal's actual conduct."
There is no minimum age requirement to be a service dog, but it generally takes at least 6 months (often longer) to train a service dog. The dog must be trained to mitigate your disability and must behave appropriately in public to avoid being removed. This means there are two main facets of service dog training: (1) public access behaviors, and (2) disability-related work and tasks.
What should I do if my dog’s breed is not on your list?
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Complete orders are fulfilled and shipped within 1 business day (often same day) and ship via US First Class Mail (up to 9 days), US Priority Mail (3-5 days) and US Priority Mail Express (1-2 days). If digital items were ordered or they are included in a package then they will be emailed at time of fulfillment (within 1 business day).
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