Q: Are emotional support animals protected under the same laws as service animals? What do I need to certify the animal?
My landlord has a no pet policy, but I have been wanting to get an emotional support animal. I want to know if I need to have some sort of letter stating that the animal is of service and I want to be sure that the landlord cannot kick me out of the home or charge a pet fee over the cat.
No, service animals are protected under the ADA; emotional support animals are protected under the FHA.
For an ESA, you need proof of your underlying disability and an opinion from a qualified healthcare professional that your cat provides therapeutic benefit to you in connection with your underlying disability.
Remember that the mechanism for the special treatment of any such animal is a lawsuit for disability discrimination against you based on your disability.
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