Separating Fact from Fiction
The rise in awareness of Emotional Support Animals (ESAs) has unfortunately been accompanied by a surge of misinformation. For Missouri residents, understanding the truth about ESA letters is crucial to both protecting their rights and avoiding fraudulent schemes. Separating fact from fiction ensures legitimate accommodations for those who truly need them and helps combat abuse of the system.
1. Myth: ESAs Have Public Access Rights Everywhere.
Fact: This is one of the most persistent myths. In Missouri, as across the U.S., the Americans with Disabilities Act (ADA) grants public access rights (e.g., to stores, restaurants, hospitals, public transport) only to service animals, which are dogs (or miniature horses) individually trained to perform specific tasks for a disability. ESAs, whose role is to provide comfort through their presence, do not have these public access rights. Establishments can legally deny entry to an ESA if they have a “no pets” policy.
2. Myth: Any Pet Can Be an ESA with Simple Online Registration.
Fact: This is dangerous fiction. There is no official “registration” or “certification” for ESAs recognized by federal law. Websites offering “ESA registration” or “certificates” are often scams. A legitimate ESA is recognized only through a valid letter from a Licensed Mental Health Professional (LMHP) who has evaluated the individual and determined a disability-related need for the animal.
3. Myth: You Don’t Need a Real Therapist for an ESA Letter.
Fact: A legitimate ESA letter must come from an LMHP who is licensed in your state (Missouri, in this case) and has a therapeutic relationship with you. While online services like CertifyESA can connect you with a licensed professional for an evaluation, the letter’s validity comes from the licensed professional’s clinical judgment, not merely an online form or payment.
4. Myth: ESA Letters are Just “Pet Permits.”
Fact: An ESA letter is a medical recommendation. It confirms that you have a mental or emotional disability and that the animal is necessary as a reasonable accommodation to alleviate symptoms of that disability, allowing you equal opportunity to enjoy your housing. It’s not a general permission slip for any pet.
5. Myth: ESAs Can Fly for Free in the Airplane Cabin.
Fact: This was true before January 2021 but is now a myth. The Department of Transportation (DOT) revised its regulations, explicitly stating that airlines are no longer required to treat ESAs as service animals. For air travel, ESAs are now generally considered pets and are subject to airline pet policies, including fees and size/kennel restrictions.
6. Myth: Landlords Can Charge Pet Fees for an ESA.
Fact: False. Under the Fair Housing Act, a Missouri landlord cannot charge pet fees, pet deposits, or additional pet rent for an ESA. The animal is a necessary accommodation for a disability, not a pet. However, the tenant is still responsible for any damage the ESA causes to the property beyond normal wear and tear.
7. Myth: Landlords Can Deny an ESA Based on Breed or Size.
Fact: Generally false. For a legitimate ESA, landlords in Missouri cannot impose breed, size, or weight restrictions that they apply to regular pets. The focus is on the animal’s function as an assistance animal, not its physical characteristics. Denial is only permissible under very limited circumstances, such as if the specific animal poses a direct threat based on its behavior.
8. Myth: ESAs Require Special Training.
Fact: Unlike service animals, ESAs do not require any specialized training to perform tasks. Their therapeutic benefit comes from their presence and companionship. Therefore, a landlord or university cannot demand proof of training for an ESA.
9. Myth: ESAs Are Only Dogs or Cats.
Fact: While dogs and cats are the most common ESAs, the FHA does not limit ESAs to specific species. As long as the animal provides emotional support that alleviates symptoms of a disability and is a commonly kept domestic animal (e.g., a bird, rabbit, or fish, where appropriate for the dwelling), it may qualify.
10. Myth: Misrepresenting an ESA Has No Consequences.
Fact: Misrepresenting an animal as an assistance animal to gain housing accommodations is a violation of Missouri law (RSMo 209.204) and can carry penalties, including being a Class C misdemeanor for the first offense and civil liability for damages. Falsely claiming a need for an ESA undermines the legitimate needs of individuals with disabilities and can harm public perception.
