The new federal rules primarily impact emotional support animals (ESAs) regarding air travel, while housing protections largely remain consistent. As of early 2021, emotional support animals are no longer considered service animals under the Air Carrier Access Act (ACAA) and therefore no longer receive automatic protections for air travel.
Federal Laws Governing Emotional Support Animals
Understanding the key federal laws is crucial to grasping the current landscape for emotional support animals. The primary regulations influencing ESAs fall under different acts, each addressing specific contexts.
Air Travel Regulations: The Air Carrier Access Act (ACAA) Changes
The most significant change concerning emotional support animals occurred at the beginning of 2021. Prior to this, ESAs were often accommodated on flights without charge under the ACAA. However, the Department of Transportation (DOT) revised its regulations:
- Exclusion of ESAs: The ACAA was amended to exclude emotional support animals from the definition of a service animal. This means airlines are no longer required to treat ESAs as service animals.
- No Automatic Protections: Consequently, ESAs no longer receive protections for air travel and can be treated as regular pets by airlines. This often means they are subject to:
- Pet fees: Airlines can charge fees for ESAs traveling in the cabin or cargo hold.
- Size and breed restrictions: Airlines can enforce their standard pet policies regarding animal size, breed, and carrier requirements.
- Limited cabin space: Airlines are not required to provide special accommodations for ESAs in the cabin.
- Focus on Service Animals: The updated ACAA now primarily focuses its protections on trained service animals, specifically dogs, which are individually trained to perform tasks for the benefit of a person with a disability.
Housing Accommodations: The Fair Housing Act (FHA)
In contrast to air travel, the protections for emotional support animals in housing situations remain largely unchanged. The Fair Housing Act (FHA) continues to provide significant protections for individuals with disabilities who require an emotional support animal.
- Broad Coverage: The FHA applies to nearly all housing situations, encompassing apartments, condominiums, and rental homes.
- Protection from Restrictions and Fees: Under the FHA, landlords and housing providers are generally required to provide reasonable accommodations for individuals with disabilities who need an ESA. This means they cannot:
- Prohibit ESAs: They typically cannot enforce "no pet" policies against an ESA.
- Charge Pet Fees or Deposits: They cannot charge additional pet fees or deposits for an emotional support animal.
- Discriminate: They cannot discriminate against a tenant or applicant because they have an ESA.
- Reasonable Accommodation: The FHA requires a "reasonable accommodation," meaning the accommodation should not impose an undue financial or administrative burden on the housing provider or fundamentally alter the nature of the housing.
Summary of Key Differences
The distinctions between air travel and housing rules are critical for ESA owners to understand:
| Feature | Air Travel (ACAA - Post-2021) | Housing (FHA) |
|---|---|---|
| Status of ESA | Generally treated as pets | Recognized as an assistance animal for disability |
| Protections | No longer offers specific protections | Offers protection from pet restrictions and fees |
| Fees | Airlines can charge pet fees | Landlords cannot charge pet fees or deposits |
| Requirements | Subject to airline pet policies (size, breed, carrier) | Requires a legitimate disability-related need for the ESA |
In essence, while federal protections for emotional support animals in air travel have been removed, their status and protections under the Fair Housing Act for housing accommodations remain robust.
