Emotional Support Animals vs. Service Animals: The Crucial Difference
Understanding the legal distinction between a service animal and an emotional support animal (ESA) is essential when considering bringing an assistance animal into a nursing home.
Service Animals
Service animals are protected by the Americans with Disabilities Act (ADA) and are defined as dogs (or sometimes miniature horses) specifically trained to perform tasks for a person with a disability, such as guiding or alerting. They have broad public access rights within a nursing home.
Emotional Support Animals
Emotional support animals are covered by the Fair Housing Act (FHA), which prohibits housing discrimination against people with disabilities in settings like nursing homes. ESAs provide comfort through their presence but do not require specific training. Under the FHA, an ESA can be considered a "reasonable accommodation" to a no-pet policy for a resident with a documented disability. Unlike service animals, their legal protection primarily applies to housing.
The Fair Housing Act and Your Right to a Reasonable Accommodation
The Fair Housing Act is the primary legal avenue for nursing home residents to live with their emotional support animal by requesting a reasonable accommodation to a no-pet policy.
How to Request a Reasonable Accommodation
To request an accommodation, a resident should submit a written request to the nursing home. This request should include documentation from a licensed mental health professional (LMHP) confirming the resident's disability and the need for the ESA to help alleviate symptoms. Online ESA letters without an established therapeutic relationship are often not considered valid. The facility must then engage in an "interactive process" to discuss the request, although they cannot ask for details about the specific disability.
Potential Reasons for Denial
A nursing home can deny an ESA request under certain conditions, such as if the animal poses a direct threat to others, would create an undue financial or administrative burden (like requiring the facility to provide care), or would fundamentally alter the facility's services. Denials must be based on the individual animal, not general fears or breed.
Comparison of Animal Rights in Nursing Homes
| Feature | Emotional Support Animal (ESA) | Service Animal | Pet (No Medical Need) |
|---|---|---|---|
| Federal Law Protection | Fair Housing Act (FHA) | Americans with Disabilities Act (ADA) | None. Subject to facility's pet policy. |
| Training Requirements | No specific training required. | Must be individually trained to perform specific tasks. | None, but may need to be housebroken and well-behaved per policy. |
| Required Documentation | Letter from a licensed mental health professional confirming disability-related need. | None required by law, though handlers often use vests or paperwork. | Varies by facility. May require vaccinations, health records, or registration. |
| Public Access Rights | Limited to housing facilities. | Broad public access rights within the facility and other public spaces. | Limited to designated visiting areas or not allowed at all. |
| Care Responsibility | Resident or designated third-party (family/volunteer) is responsible for all care. | Resident or designated third-party is responsible for all care. | Resident is responsible for all care, in accordance with facility policies. |
| Deposit/Fees | Cannot be charged pet deposits or fees for an assistance animal. | Cannot be charged pet deposits or fees for an assistance animal. | Typically requires a pet deposit or monthly fee, per facility policy. |
Resident and Facility Responsibilities
Both residents and nursing homes have responsibilities regarding ESAs.
Resident's Responsibilities
The resident is responsible for the ESA's behavior, ensuring it doesn't pose a threat or cause disruptions. They, or a designated third party, must also handle all aspects of the animal's care, such as feeding, walking, and waste disposal. Residents must also follow reasonable facility rules regarding the animal.
Facility's Responsibilities
The nursing home must not discriminate against residents with disabilities who require an ESA. They must provide a reasonable accommodation unless it causes an undue burden or fundamental alteration and must engage in an interactive process to evaluate the request.
Conclusion
Under the Fair Housing Act, nursing homes must consider requests for emotional support animals as a reasonable accommodation for residents with documented disabilities, even if they have a no-pet policy. Key to this is understanding the distinction between ESAs and service animals and following the proper accommodation request procedure. Residents must be capable of caring for the ESA and ensure it doesn't create a safety risk or undue burden. Unfair denials can be reported to the Department of Housing and Urban Development (HUD).
For more detailed guidance and resources, visit the Department of Housing and Urban Development (HUD) website.
