It’s crucial to understand that an ESA is not the same as a service dog — and they are subject to different rules and regulations. Service animals are trained to do work or carry out specific tasks for a person with a physical disability. For instance, they might be trained to alert a person who is hearing-impaired of an alarm or guide a person who is visually impaired.
ESAs should also not be confused with psychiatric service dogs. These types of service dogs can assist an individual with PTSD by interrupting anxiety, reminding them to take medication, or making calls in the event of an emergency. Although ESAs and psychiatric service dogs can both help a person with a mental illness cope, an ESA does so with their presence and companionship while a psychiatric service dog is trained to perform certain jobs.
Unlike ESAs — which can be any species — service animals recognized by the Americans with Disabilities Act (ADA) are limited to specially trained dogs and in some cases, miniature horses. ESAs are not covered under the ADA and do not have the same legal protections in public places. However, both service animals and ESAs are covered by the Fair Housing Act.
What Are the Requirements to Obtain an ESA Letter?
The first step to obtaining an emotional support animal is speaking with a licensed healthcare professional. They can best assess your condition and determine whether an ESA would be beneficial to your treatment. If they believe an ESA can be helpful for your situation, they will provide you with an emotional support animal letter — this is a signed document stating that they recommend an ESA to help you manage your mental health condition.
Housing providers are entitled to open a dialogue to conduct a meaningful review and question the letter if the individual’s disability is not readily apparent and they have reason to question the disability or need for the animal. Healthcare providers are not experts in the Fair Housing Act and they tend to make ESA letters very brief to avoid confidentiality issues. As a result, these letters are usually scrutinized by the housing provider’s general counsel. Therefore, it is important for disabled individuals to consult with someone familiar with the Fair Housing Act, such as an attorney, before submitting a doctor’s letter or other request for an accommodation.
ESAs are commonly used to help alleviate the symptoms associated with:
- Panic attacks
- Severe phobias
- Anxiety
- Depression
- PTSD
- Bipolar disorder
- Personality disorders
- Other emotional and psychological disorders
In order for an emotional support animal letter to be valid in Florida, it must be signed and dated on the licensed healthcare professional’s official letterhead. HUD has recently issued a Guidance (FHEO-2020-01) (document can be found in the document page of the website) discussing what is and is not considered reliable documentation to support an accommodation. In addition, Florida laws have changed and now make it a crime to misrepresent an animal as an ESA. It can also be considered a crime under Florida law for a healthcare provider to issue a letter in support of an accommodation if they do not have personal knowledge of the individual’s disability.
Please remember that:
- Having a dog designated as an ESA or service animal does not remove your responsibility as an owner to clean up after them or make sure they are not a danger to others.
- No ESA animals are allowed in the pool area at any time.
- It is Brevard county law to clean up after your dog. Failure to do so will result in fines levied by the office.
- It only takes three documented complaints to animal control and the office to have the dog removed from the Co-Op regardless of the designation.
Beginning shortly, the Co-Op will begin an audit of the dogs that are seen in the Co-Op and you may be asked what unit the dog resides in. The office will be checking if there is appropriate documentation on file and if that documentation meets the new criteria defined by Florida law. If there is no documentation on file or it does not meet the criteria required; you will be required to bring it into compliance or remove the dog from the property.
