Various types of supporting documentation may be offered. If a disability is not readily apparent, the person may be required to give reliable information that reasonably supports its existence. The new Florida statute sets forth the proper criteria to determine whether an ESA applicant has a disability. Previously, I wrote about legal issues relating to assistance animals in housing here. They are defined as animals that work or provide assistance for the benefit of persons with disabilities or give emotional support to alleviate identified symptoms of disabilities. Multiple federal laws and Florida law require reasonable housing accommodations for assistance animals. Service animals enjoy broader legal protections and are entitled to greater accommodations and access to public places than ESA. Under the Americans with Disabilities Act, a service animal is a dog or miniature horse trained to do work or perform tasks for the benefit of a disabled person. Under federal and Florida law, the disabled are entitled reasonable accommodations for ESA in housing and air travel.
#FAIR HOUSING SERVICE ANIMAL AGE PROFESSIONAL#
The use of an ESA must be supported by a qualified physician or mental health professional based on a disability-related need. The new Florida law defines an ESA as “an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence, which alleviates one or more identified symptoms or effects of a person’s disability.” Though many use the terms interchangeably, they have different legal meanings which should be understood.Īn ESA may be any species that provides comfort to people with disabilities by addressing a disability-related need. This new law narrowly relates to ESA, not service animals or assistance animals. What Are Emotional Support Animals (ESA)? Following the law will avoid costly penalties for legal violations as well as better prevent fraud regarding the misclassification of pets as ESA, which has been a growing problem in recent years. Landlords, property managers and community associations should understand the statute to comply with the rights of tenants and homeowners under fair housing and disability laws. People with disabilities and disability-related needs for an ESA are entitled to reasonable accommodations to have the animal, which cannot be deemed a “pet” for purposes of exclusion or fees. This article discusses some of the most significant aspects of the new law. On July 1, 2020, the law went into effect. The Florida legislature recently passed SB 1084 to create clarity and more consistent legal standards for emotional support animals (ESA) in housing.
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