Service Dog Central

Under the Americans with Disabilities Act (ADA), emotional support animals are not addressed in the same way as service animals. The U.S. Department of Justice (DOJ), which is charged with regulating the ADA as it pertains to public access, has stated, "Animals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or to promote emotional well-being are not service animals." The ADA requires that an animal be individually trained to perform one or more tasks that mitigate the disability of the disabled owner in order for that owner to have a protected right to be accompanied by that animal in public places, such as stores, restaurants, theaters, et cetera.

However, the Fair Housing Amendments Act takes a different view. The department of Housing and Urban Development (HUD) administers the Fair Housing Amendments Act (FHAA) as it pertains to housing. HUD has held that if a doctor prescribes the presence of a pet animal as necessary for the treatment plan of a person who is substantially limited in their ability to function by mental illness, the pet owner may request a change in rules, policies, practices, or services, such as "no pets" rules to permit them to keep an emotional support animal (ESA), when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

This collection of case law focuses on cases involving ESAs in "no pets" housing situations.