A Note About Assistance Animals

What Is The Difference Between Types of Assistance Animals?

This distinction is confusing to a lot of people, especially because they can legally overlap! The main thing you need to know (that will be repeated ad nauseum on this page) is that there is NO LEGALLY RECOGNIZED REGISTRATION OR CERTIFICATION for personal assistance animals. There are *plenty* of online companies who will register or certify your animal with their company. That does NOT give you any sort of legal ground. Please do not be fooled by sites who will happily take your money to add your pet to a list and give them an ID badge!

• Emotional Support Animals - Animals of any species that alleviate symptoms of their owners' disability in the home. These animals are not legally protected to be in public with their owners and are no longer allowed to fly with their owners under the same rights as service animals. No formal training is required (but you may not get a prescription for one unless you can demonstrate that the animal is trained to the point of being controllable and not a liability) and animals are not expected to perform a specific task to alleviate the disability. There is no national, state, or local registry or certification process that will guarantee legal protection. It is not necessary; a thorough assessment process by a trained professional documenting the owners' need is what is required.

• Service Animals - Dogs of any breed (or sometimes miniature horses) that perform a specific task to alleviate symptoms of their owners' disability, both in home and in public (including in areas where pets are not allowed). These animals are frequently professionally trained, but no professional training is required. These animals are not required to have any sort of identification - no ID badge, no harness or vest, etc. They are required to be housebroken, under control of their handler, and cannot be a threat or nuisance. Their owners are not required to provide any sort of documentation, demonstrate the task, or provide details about their disability. 

The ONLY questions allowed to be asked by employees to ascertain whether or not an animal is a service animal are:

Is the dog a service animal required because of a disability?

What work or task has the dog been trained to perform?

No national, state, or local registry or certification process will guarantee legal protection. It is not necessary; an animal who reliably and predictably performs a specific skill or task to alleviate a medical, physical, or psychiatric disability meets the requirements.

• Therapy Animals - Animals of any species used by trained professionals as a medically appropriate intervention during the course of treatment. These animals and their handlers will often be certified by a recognized organization and both the animal and their person should have completed extensive professional training. Having a therapy animal designation does not give the animal any of the legal protections of ESA and service animals.

• Facility Animals - Animals who work full time at a facility (a hospital, courthouse, nursing home, etc), either residentially or alongside their handlers, who they live with off shift. Unlike therapy dogs, who visit a location to provide comfort or are visited by clients at their location, facility dogs are based in their primary facility.

If There Are No National Registries, How Can I Advocate For Myself?

• Unfortunately, many people are confused by or unaware of all these rules, especially the false belief that animals need specific training, registration or certification, or an ID badge or vest. This includes employees of various establishments who may not have been trained in the legal limitations of what can be inquired of you.

• Know your legal rights! If you are a person who is easily flustered, you might want to print information or purchase information cards to keep with you. It may make you feel more comfortable to have your dog wear a badge or vest identifying themselves as a service animal, and this is perfectly within your rights.

If There Are No National Registries, Can't I Just Say I Have An Assistance Animal?

• No. This is a misdemeanor. Do not get caught doing this.

• You must have a documented disability, and your animal must meet the requirements.

Why Can't I Just Get A Letter From An Online Service??

• As mentioned above, online services are more than happy to take money from people desperate to keep their pet with them, and will register and/or certify your animal with their company and supply you with official-looking documentation. They have the right to do this, but will often misrepresent to their customers that they and their pet will now enjoy legal protection. This is false. There is no national registry or certification of emotional support and/or service animals. None. Animals are not required to have formal training or identification.

• Some sites will offer ESA letters if participants complete an evaluation by their providers. This may be accepted by your landlord; it may not, and it may not hold up in court if challenged. An overview of Stacy's process should highlight the differences in services.