Emotional support animals (ESAs) provide comfort and support to people living with mental health conditions. These animals help ease the symptoms of a person’s disability, offering a calming presence that can make a real difference in their owner’s life.
So, just how many ESA animals can you have? Well, there’s no federal law that sets a hard limit, but “reasonableness” is the key word here.
Understanding the legal and practical considerations of having multiple ESAs is important. The Fair Housing Act (FHA) and guidelines from the Department of Housing and Urban Development (HUD) play a significant role in determining what’s allowed.
In this article, we’ll explore the legal framework surrounding ESAs, the important role of mental health professionals in determining the need for multiple animals, practical concerns to keep in mind, and some common questions people have about owning more than one ESA.
The Legal Landscape: Federal Laws and Guidelines on Multiple ESAs
The rules and guidelines surrounding Emotional Support Animals (ESAs) can be tricky, especially when considering having more than one. Here’s a breakdown of the federal laws and guidelines that shape the landscape.
The Fair Housing Act (FHA) and Reasonable Accommodation
The Fair Housing Act is the big one. It requires housing providers to make “reasonable accommodations” for people with disabilities. This includes allowing ESAs, even if there are “no pets” policies. Landlords also usually have to waive pet fees or breed/weight restrictions.
That phrase “reasonable accommodation” is key. You can’t just demand anything. A request can’t impose an “undue financial burden” on the landlord. Landlords are supposed to look at each case individually, judging it on its own merits and based on the documentation you provide.
Importantly, the FHA acknowledges that some people may need multiple ESAs to manage their mental health issues.
HUD Guidelines on Assistance Animals
The Department of Housing and Urban Development (HUD) offers guidance on assistance animals, and this guidance is often what landlords and property managers refer to when dealing with ESA requests. It’s basically the bible for them.
HUD guidelines do allow for multiple ESAs, but again, you’ll need proper documentation. You’ll need to prove that you need each animal for your well-being.
HUD also suggests that housing providers engage in an “interactive process” with the person making the request. This means they should talk to you, discuss any concerns they have, and try to find solutions that work for everyone involved.
Air Carrier Access Act (ACAA) Considerations
This is where things get a little sad for ESA owners. The Air Carrier Access Act used to cover ESAs, meaning they could fly in the cabin with you. However, the ACAA has been revised.
Now, airlines primarily recognize only trained service animals. So, if you’re planning to travel with an ESA, double-check the airline’s current policies before you book your flight. You might find that your ESA will have to travel in cargo or won’t be allowed on the plane at all.
The role of mental health professionals in determining ESA needs
If you’re hoping to claim your rights to accommodation under the law, it’s important to get an ESA letter from a licensed mental health professional (LMHP). The LMHP will assess the relationship between you and each of your emotional support animals and determine how each animal supports your mental health condition.
In general, your ESA letter should:
- Establish that you have an ongoing therapeutic relationship with the licensed mental health professional.
- Confirm that you meet the definition of a disability under the law.
- Show a clear connection between your emotional support animal and the mitigation of your disability.
So, how many emotional support animals can you have?
Legally, there’s no limit. However, the number of ESAs you have should be justifiable based on your mental health needs and supported by your LMHP’s professional opinion.
For example, one ESA might provide general emotional support, while another might be trained to help you manage specific episodes or needs. Here are a couple of scenarios:
- If you’re struggling with both anxiety and PTSD, one ESA might provide constant companionship to reduce overall anxiety, while another might be trained to recognize and respond to PTSD episodes.
- If you’re living with both depression and panic disorder, one ESA might provide motivation and joy, while another might be trained to detect and respond to panic attacks.
Keep in mind that you’ll need to demonstrate a clear and specific need for each ESA to be considered legitimate under the law.
Practical considerations for having multiple ESAs
While there’s no hard-and-fast limit on how many ESAs you can have, you’ll need to demonstrate that each animal is necessary to mitigate the symptoms of your emotional or mental disability. Here are a few things to keep in mind.
“Reasonableness” in practice: assessing your situation
When requesting accommodation for multiple ESAs, think about your situation from your landlord’s point of view.
- Consider the size of the animals and your living space. A couple of well-behaved medium-sized dogs in a large apartment is more reasonable than a pot-bellied pig in a studio apartment.
- Think about how capable you are of caring for multiple animals. Can you afford high-quality food, fresh water, daily exercise, and regular checkups for each one?
- Evaluate your financial situation. Don’t forget to add up the cost of food, vet bills, toys, and the possibility of property damage.
Responsible ownership and potential challenges
As the owner, you’re responsible for controlling your animals and making sure you follow all housing policies, including licensing, vaccinations, and prompt waste removal.
Be ready to address any concerns about safety, hygiene, noise, or property damage since you’re liable for any damage your animals cause.
Also, keep in mind that your neighbors may have allergies or phobias you don’t know about.
The verification process for multiple ESAs
To get approved for multiple ESAs, you’ll need to get documentation from a licensed mental health professional that verifies the need for each animal. Then, you’ll need to make sure you’re following the rules laid out by HUD and the Fair Housing Act.
ESAs vs. service animals vs. pets
It’s easy to confuse emotional support animals (ESAs) with service animals or even just ordinary pets. Here are the key differences.
Training and legal protections
Service animals are trained to perform specific tasks for a person who has a disability. As a rule, only dogs and miniature horses can be designated as service animals.
ESAs, on the other hand, provide emotional comfort and support just by being nearby.
Service animals are covered by the Americans with Disabilities Act (ADA), which means they can go into nearly any public space. ESAs are mainly protected when it comes to housing rights.
Documentation
To have an ESA, you’ll need a letter of support from a licensed mental health professional.
For service animals, you usually don’t need documentation, but you may have to show that the animal has been trained to perform certain tasks.
Certifications, ID cards, or vests you can buy online are generally not considered adequate documentation for either ESAs or service animals.
Limits to ESA protections
ESAs don’t have the same legal rights as service animals. For example, they’re usually not allowed in restaurants or stores.
Even when it comes to housing, a landlord doesn’t have to let you keep an ESA if it’s a danger to others.
Addressing landlord concerns and potential denial of accommodation
Landlords sometimes balk at the idea of ESAs. Here are some of their common concerns:
- Safety and liability issues if the animal injures someone
- Hygiene issues
- Property damage
- Noise
- Allergies or phobias of other tenants
Even with a valid ESA letter, a housing provider can deny your request in certain circumstances:
- If the animal poses a direct threat to the health or safety of others
- If accommodating the ESA would fundamentally alter the property
- If accommodating the ESA would create an undue financial burden for the landlord
- If the owner violates the terms of the lease agreement in some other way
If your request to keep an ESA in your residence is denied, you have options:
- Ask the landlord to provide a written explanation for the denial.
- Try to work with the landlord to find a solution that will allow you to live with your ESA.
- File a complaint with the Department of Housing and Urban Development (HUD) or another fair housing agency.
In Conclusion
So, how many ESAs can you have? There’s no hard and fast rule, but “reasonableness” is key, and you’ll definitely need proper documentation. That’s why consulting with a licensed mental health professional (LMHP) is so important.
Remember, owning an ESA is a big responsibility. You’re not just caring for an animal; you’re relying on it for therapeutic support. Understanding your rights and responsibilities under the Fair Housing Act (FHA) and HUD guidelines is crucial for a smooth and stress-free experience for you and your animal.