ESA in New York is considered a treatment method and is often recommended for people with non-physical disorders. Therefore, we have prepared a guide for state residents who want to become emotional support animal keepers.
What is an emotional support animal?
Animals that provide comfort and solace to their holders are called emotional support animals. Usually, ESAs help humans with mental and emotional disturbances. However, they are also great companions for those who feel lonely or abandoned. For its owners, animals are a source of moral strengthening and encouragement. ESA keepers note that thanks to the animal, they feel more protected and self-confident.
Understanding the difference between emotional support animals and other companion animals is essential. Unlike service and therapy animals, ESAs aren’t obliged to have additional preparation. Their main task is to create a comfortable emotional environment for their possessors, so they are not required to be able to perform commands and tasks.
A psychiatric service dog is needed if a person has a severe mental disability. At first glance, PSDs look like emotional support animals, but these creatures are also trained to follow commands and assist their owners.
How to get an emotional support animal in New York State
A doctor-certified mental affliction is a prerequisite for owning an emotional support animal in New York State. If you notice changes in your mental health, you should first consult a professional. Pay special attention to the choice of a therapist because the specialist must have the appropriate qualifications, and you must be comfortable working with them.
Also, if you want an emotional support animal, ensure that the therapist you choose is adequately qualified in this area. If you already work with a psychotherapist or psychologist, discuss the possibility of including an ESA in your treatment plan.
A licensed mental health professional must first diagnose you with a non-physical ailment. It could be depression, anxiety, post-traumatic stress disorder, or other cognitive dysfunctions. After that, the specialist may need some time to analyze your condition and decide on a treatment plan. If the expert thinks an emotional support animal could be helpful, you will receive an ESA letter. This document confirms your right to own an emotional support animal.
You can know more about how to register emotional support animal in New York in a blog post of MyServiceAnimal registrar.
ESA Registration in New York
Emotional support animals in New York do not necessitate additional registration. It is enough to have an ESA letter from a therapist to confirm the special status of the animal. However, you can register an ESA to receive an ID card or a Pet Tag. These accessories are necessary for your convenience because they help to avoid disputes and misunderstandings related to the presence of an animal.
Who can write an ESA letter in NY?
An ESA letter in New York can be obtained from a psychologist, psychiatrist, GP, or social worker. At the same time, there are several rules that you should follow when choosing a specialist to receive an ESA letter:
- The chosen expert must have an up-to-date license number that entitles him to provide health care services.
- You can get the necessary document only from a specialist familiar with your medical records.
- A professional must understand all the nuances of how ESAs affect the human psyche to determine how much an animal can help in your particular situation.
What should an ESA letter include?
A letter from a doctor must contain confirmation that you have a mental frustration that requires an emotional support animal to treat. The letter should also include the license number and contact information of the person who issued the paper. At the same time, the document should not contain any detailed information about your disorder or the course of treatment.
How does current law shield ESAs?
Although many laws protect service dogs, there are far fewer laws regarding ESAs. The Americans with Disabilities Act does not recognize emotional support animals as a means of therapy for people with mental disorders, so in most areas, the rights of the ESA are limited.
New York law also does not guarantee special privileges for emotional support animals. However, ESAs still have fixed legal bonuses, for instance, in the field of housing.
ESA and Housing in New York
According to the federal Fair Housing Act, an ESA is viewed as an assistance animal. This means that a tenant with an emotional support dog can live in the rented premises without hindrance. Moreover, the landlord cannot demand additional payment for the animal’s staying or the making of a pet deposit.
If the tenant needs an animal for emotional support and can provide an ESA letter to confirm their words, the proprietor is obliged to allow the animal to live. At the same time, the holder of the ESA must monitor their animal to be well-groomed and non-aggressive. Besides, provide the landlord with a certificate from a veterinarian about the animal’s condition to ensure that the animal will not jeopardize other residents.
Can a landlord deny an emotional support animal in NY?
New York state law provides that, in some cases, a housing provider has the right to deny tenants with emotional support animals. If the animal appears aggressive, has an untidy appearance, and may threaten other residents and property, the householder has the right to disallow the animal to dwell. Yet, so their actions are not considered discriminatory, the householder must provide facts and evidence of their words.
New York ESA Travel Laws
Today, by federal law, only a service dog has the right to accompany its owner in an airplane cabin during a flight. Service animals are considered a vital necessity for people with inabilities. In addition, they have expres tuition that makes the animal non-aggressive and obedient.
However, some airlines allow the transportation of small breeds of animals in the cabin. So if you have a small emotional support animal, you can book it a seat next to you during the flight. To fly with an animal, you must notify the air carrier in advance, pay for the service, and fill out forms for transporting animals. In addition, you will need special equipment such as a harness, muzzle, and carrier.
Employment law
According to the law, employers are not obliged to allow employees with assistance animals to bring their companions to work, except for service ones. However, many studies prove that an employee’s emotional state affects his performance. Therefore, by influencing their holders’ moods, emotional support animals also increase their productivity and efficiency at work.
Because of this, many companies make concessions to their employees and allow them to come to work with animals. Discuss with management if you feel that an ESA could help you handle your work responsibilities better. If the animal does not threaten others, the employer will gladly compromise with you because the company will also benefit from having the animal near you.
Misrepresentation of an emotional support animal in New York
Since service animals and ESAs have significantly more rights than regular pets, cases of misrepresentation and fraud are becoming more frequent. The authorities of the New York State recognize such actions as a crime punishable by fines or imprisonment.
Therefore, it is important to have official documents confirming the special status of the animal. Moreover, a specialist who issued an ESA letter to someone who does not need it is also considered guilty of committing a crime.
