Emotional Support Animals, Service Animals, and Your Legal Rights in Florida

Emotional support animals (ESAs) and service animals play a vital role in supporting individuals with disabilities and mental health conditions. However, there is often confusion surrounding the legal distinctions between these two types of animals and the rights that come with them. Whether you live in a condominium, rent an apartment, or frequently visit public spaces, understanding your rights under state and federal law is crucial.

In this blog post, we will discuss the key differences between emotional support animals and service animals, outline the obligations of homeowners' associations (HOAs), landlords, and businesses, and provide an overview of how the law protects individuals from discrimination. Additionally, we will present hypothetical real-life scenarios to illustrate how these laws apply in various situations.

Disclaimer: The information provided in this guide is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a retainer agreement has been signed. 

1.     The Key Differences Between Emotional Support Animals and Service Animals

While emotional support animals (ESAs) and service animals may seem similar in function, they serve distinct roles and have different legal protections.

a)    What is an Emotional Support Animal (ESA)?

An emotional support animal provides therapeutic benefits for individuals suffering from mental or emotional disabilities. ESAs do not require specialized training; their primary function is to provide comfort. These animals can include dogs, cats, rabbits, birds, and other domesticated pets.

In Florida, ESAs are covered under the Fair Housing Act (FHA), which means that landlords and HOAs must make reasonable accommodations for tenants or owners with emotional support animals, even if there is a no-pet policy. Importantly, ESAs do not have the same access rights as service animals in public places like restaurants or stores.

b)   What is a Service Animal?

A service animal is a dog (or, in some cases, a miniature horse) that is trained to perform specific tasks directly related to a person’s disability. Examples of service animal tasks include guiding individuals who are blind, alerting individuals who are deaf, or assisting someone during a seizure.

Service animals enjoy broader legal protections under the Americans with Disabilities Act (ADA) and are allowed to accompany their owners in public places such as restaurants, stores, and government buildings. Service animals must be trained to perform tasks related to the person’s disability, and businesses are generally only permitted to ask two questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform?

2.     Federal and State Laws Protecting Emotional Support and Service Animals

a)    The Fair Housing Act (FHA)

The FHA protects individuals with disabilities, including those with emotional support animals. In Florida, this means that if you live in a property governed by an HOA or are renting an apartment, the housing provider is required to make reasonable accommodations for your ESA. HOAs and landlords cannot charge additional pet fees or deposits for emotional support animals, and they cannot enforce breed or size restrictions.

Under the FHA, an individual needs to provide documentation from a licensed mental health professional to validate their need for an ESA. However, the housing provider cannot deny your request based solely on a "no-pet" policy.

b)   The Americans with Disabilities Act (ADA)

The ADA primarily governs service animals and mandates that public and private entities, such as businesses, government buildings, and public transportation, allow service animals to accompany their owners in all areas accessible to the general public. These entities cannot require proof of certification, nor can they deny access based on the service animal’s presence.

Service animals are trained to perform specific tasks that help individuals manage their disabilities. If you are using a service animal in Florida, businesses can ask you the two aforementioned questions, but they are not permitted to request detailed documentation or certification.

c)    Air Carrier Access Act (ACAA)

The ACAA used to provide more comprehensive protections for emotional support animals on flights, but recent changes have scaled back those protections. Now, most airlines treat ESAs as pets, requiring them to travel in carriers and potentially charging fees. Service animals, however, must still be allowed to accompany their owners in the cabin, and airlines cannot charge extra fees for them.

3.     What HOAs, Landlords, and Businesses Can and Cannot Do

Knowing your rights is crucial, especially when interacting with homeowners' associations, landlords, and public businesses. Each of these entities has specific obligations under federal and state laws.

a)    HOAs: What They Can and Cannot Do

If you live in a community governed by a homeowners' association (HOA), understanding your rights regarding emotional support animals is essential. Even if the HOA has a strict no-pet policy, they must make reasonable accommodations for ESAs under the FHA.

What HOAs Can Do:

1. Request Documentation: An HOA can request that you provide a letter from a licensed mental health professional stating your need for the emotional support animal.
2. Set Reasonable Guidelines: While they cannot deny your ESA, they can set guidelines to ensure the animal does not pose a threat or create a nuisance.

What HOAs Cannot Do:

1. Deny an ESA Based on Size or Breed: HOAs cannot impose breed or size restrictions for emotional support animals.
2. Charge Pet Fees or Deposits: Under the FHA, emotional support animals are not considered pets, so HOAs cannot charge fees for them.
3. Enforce No-Pet Rules Against ESAs: Once you provide documentation, the HOA cannot use a no-pet policy as a basis for denial.

b)   Landlords: ESA and Service Animal Rights

Landlords in Florida are subject to the same rules as HOAs under the Fair Housing Act. They cannot deny housing to individuals with emotional support animals, and they cannot impose pet fees or restrictions based on size or breed. Landlords must also make reasonable accommodations for service animals, even if there is a no-pet policy in place.

What Landlords Can Do:

• Request Documentation: Like HOAs, landlords can request documentation from a mental health professional to verify the need for an ESA.

What Landlords Cannot Do:

• Charge Fees: Landlords cannot charge additional fees for ESAs or service animals.
• Refuse Reasonable Accommodation: Even with a no-pet policy, landlords must allow both service animals and ESAs when proper documentation is provided.

4.     Public Spaces: Your Rights with Service and Emotional Support Animals

a)    Service Animals in Public Spaces

Under the ADA, service animals must be allowed in public places like restaurants, hotels, stores, and public transportation. Businesses can only ask if the animal is required because of a disability and what tasks it performs. They cannot request documentation or charge extra fees. If the service animal is disruptive or poses a direct threat, businesses may ask the owner to remove the animal, but they cannot deny entry solely because the animal is present.

b)   Emotional Support Animals in Public Spaces

Emotional support animals do not have the same rights in public spaces. Under the ADA, businesses are not required to allow ESAs in places where pets are typically prohibited. For example, a restaurant or store can refuse entry to an emotional support animal.

5.      Hypothetical Scenarios That Illustrate Legal Protections for Emotional Support and Service Animals

Disclaimer: The following examples are hypothetical and provided for illustrative purposes only. Any similarity to real-life situations is purely coincidental. If you have an emergency contact authorities and/or dial 911.

a)    Scenario 1: Condo Owner vs. HOA

Sarah lives in a condo governed by a strict "no-pet" policy. Her therapist recommends that she adopt an emotional support animal (ESA) to help manage her depression, so Sarah adopts a cat named Whiskers. Whiskers brings joy to Sarah’s life and significantly eases the effects of her depression. Despite providing the necessary documentation from her therapist, the HOA denies Sarah’s request and begins imposing daily fines for keeping Whiskers in the building, citing their no-pet policy. Under the Fair Housing Act (FHA), HOAs are required to provide reasonable accommodations for individuals with disabilities, including allowing emotional support animals, even if there is a no-pet policy. The fines imposed by the HOA are unlawful under the FHA, and Sarah has the right to challenge them. Sarah has several options to assert her rights. She can file a formal complaint with the U.S. Department of Housing and Urban Development (HUD) or the Florida Commission on Human Relations. These agencies can investigate the situation and enforce the Fair Housing Act. Additionally, Sarah may also file a lawsuit in state court to seek relief for the HOA's unlawful actions.

b)   Scenario 2: Renter vs. Landlord

John rents a house from a landlord named Suzy. After being diagnosed with anxiety, John’s doctor recommends an emotional support animal (ESA) to help manage his symptoms. John adopts a dog and provides Suzy with the necessary documentation from his doctor supporting his need for an ESA. Despite this, Suzy demands that John pay a pet deposit, citing her rental property’s no-pet policy. Under the Fair Housing Act (FHA), landlords must make reasonable accommodations for tenants with disabilities, which includes allowing emotional support animals even in properties with no-pet policies. Since emotional support animals are not considered pets under the FHA, Suzy cannot charge John any pet fees or deposits. If Suzy continues to demand the deposit, John has the option to file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Florida Commission on Human Relations. These agencies can investigate the issue and enforce the FHA. Alternatively, John may also pursue legal action in state court to resolve the matter.

c)    Scenario 3: Passenger vs. Airline

Maria plans to travel with her emotional support dog. However, due to recent changes to the Air Carrier Access Act (ACAA), emotional support animals are no longer afforded the same protections as service animals when flying. The airline informs Maria that her dog must either fly in the cargo hold or in a pet carrier within the cabin, and standard pet fees will apply. While emotional support animals are now treated as pets under the ACAA, service animals are still fully protected. Passengers with service animals are allowed to bring their animals into the cabin without additional charges, as long as the animal is trained to perform tasks related to the individual’s disability. If Maria believes her dog qualifies as a service animal under the ADA, she may need to provide information explaining the specific tasks her dog performs to mitigate her disability. Otherwise, she will need to comply with the airline’s pet policy and pay the associated fees. If Maria encounters any disability-related air travel service issues, she can contact the U.S. Department of Transportation’s Toll-Free Hotline for Air Travelers with Disabilities at 1-800-778-4838 for assistance.

d)   Scenario 4: Patron vs. Restaurant

Michael, who relies on a service dog to assist with his mobility, enters a restaurant. Upon seeing the dog, the manager informs Michael that the restaurant has a strict no-pet policy. Michael explains that his dog is a service animal trained to perform tasks related to his disability. Under the Americans with Disabilities Act (ADA), service animals must be allowed in public spaces, including restaurants, regardless of no-pet policies. The restaurant is legally obligated to allow Michael and his service dog to remain on the premises. The manager may only ask whether the dog is required because of a disability and what tasks it has been trained to perform, but cannot request documentation or exclude Michael and his service dog based on the presence of the animal alone. If Michael is denied entry, he can file a complaint with the U.S. Department of Justice (DOJ), which enforces the ADA in public accommodations. He can also contact the ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY) for guidance. Alternatively, Michael may file a discrimination complaint with the Florida Commission on Human Relations.

e)    Scenario 5: Shopper vs. Grocery Store

Jessica brings her emotional support cat into a grocery store. Upon entering, the store manager informs her that pets are not allowed inside the premises. Since emotional support animals (ESAs) are not covered under the Americans with Disabilities Act (ADA), which only applies to service animals, the manager has the legal right to deny entry to Jessica’s cat. Unlike service animals, emotional support animals are not granted access to public spaces like restaurants or grocery stores under federal law. At both the federal and state levels, grocery stores and other public accommodations are not required to admit emotional support animals. Jessica’s ESA is considered a pet under the law, and the store is within its rights to enforce a no-pet policy.

6.     Conclusion

Understanding the legal rights and protections surrounding emotional support animals (ESAs) and service animals is essential for individuals who rely on these animals for support. Navigating the rules set by HOAs, landlords, airlines, and public accommodations can be challenging, but knowing your rights under federal and state laws can help ensure that you are protected from discrimination.

While service animals are afforded broader protections under laws like the Americans with Disabilities Act (ADA), emotional support animals are primarily protected under the Fair Housing Act (FHA) and certain provisions in travel laws, such as the Air Carrier Access Act (ACAA). The key is knowing which laws apply in different settings, from housing to public spaces, and understanding the limitations of these protections.

Whether you are negotiating with a landlord, handling disputes with an HOA, or encountering restrictions in public places, knowing when and how to assert your rights—both at the federal and state levels—can make all the difference. If you were or are currently a victim of discrimination you can file a complaint with federal agencies like the U.S. Department of Justice (DOJ) and state agencies like the Florida Commission on Human Relations (FCHR), but also the attorneys at Quattrochi, Torres & Taormina, P.A. are available to help you enforce your legal rights in state or federal court.

 References:

1. Disability Rights Florida: Service Animals
   https://disabilityrightsflorida.org/disability-topics/disability_topic_info/service_animals
2. Nolo: Florida Laws on Service Dogs and Emotional Support Animals
   https://www.nolo.com/legal-encyclopedia/florida-laws-on-service-dogs-and-emotional-support-animals.html
3. Pettable Blog: Florida ESA Laws
   https://pettable.com/blog/florida-esa-laws
4. U.S. Service Animals: Emotional Support Animal Laws
   https://usserviceanimals.org/blog/emotional-support-animal-laws/
5. Adams and Reese: Emotional Support Animal Requests in Florida
   https://www.adamsandreese.com/news-knowledge/florida-community-associations-emotional-support-animal-requests
6. Florida Commission on Human Relations – File a Complaint
   https://fchr.myflorida.com/file-a-complaint-page
7. Department of Transportation’s Toll-Free Hotline For Air Travelers With Disabilities
   Phone: 1-800-778-4838
   https://www.transportation.gov/airconsumer/toll-free-hotline-air-travelers-disabilities

Additional Resources for Filing a Discrimination Complaint:

U.S. Department of Justice – ADA Information Line
Phone (Voice): 1-800-514-0301
Phone (TTY): 1-800-514-0383
https://www.ada.gov/complaint

Florida Commission on Human Relations (FCHR) – File a Complaint
Phone: 850-488-7082
https://fchr.myflorida.com/file-a-complaint-page

 U.S. Department of Housing and Urban Development (HUD) – File a Housing Discrimination Complaint
Phone: 1-800-669-9777
https://www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process

See also: Where Can You Complain Besides Your Lawyer?

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