For many people with disabilities, emotional support animals are more than just a pet. They’re a source of comfort, and their presence can help relieve symptoms of emotional and mental disabilities. Despite this, it can be difficult for tenants to obtain housing in many areas of Florida without having to pay significant pet fees or deposits.
A legitimate ESA letter is needed to become an official ESA owner and gives the tenant and their ESA special housing allowances not available to the other pet. Although ESAs do not have the same access rights as service animals, they are protected from housing discrimination by the federal Fair Housing Act and Florida state laws.
Emotional Support Animal Housing Rights in Florida
According to Florida state laws, housing providers are prohibited from discriminating against ESA owners with a legitimate need for an emotional support animal. Landlords are also prohibited from charging extra pet fees or deposits. Tenants are permitted to have their ESA regardless of the building’s pet policy. As long as the ESA owner can provide an ESA letter, they are allowed to live with their emotional support animal even if the building does not otherwise allow pets.
It’s important to note that there are exceptions to these laws. Landlords are required to provide reasonable accommodation to ESA owners. Still, the request may be denied if the ESA poses a direct threat to the health or safety of other tenants or are prone to damage the property. If an ESA damages the property or another person, the ESA owner is liable for all damages.
Except for the information provided in the ESA letter, housing providers are not permitted to ask a tenant about the details of their diagnosis or the severity of their disability. They also cannot request medical records or “proof” of disability beyond the ESA letter itself.
However, landlords are permitted to request documentation regarding proof of compliance with both state and local licensing and vaccination requirements for the animal in question. Although ESAs are given special allowances regarding housing, they are not exempt from licensing and vaccination laws.
What is an ESA Letter?
In the state of Florida, an ESA letter issued by a licensed healthcare professional must be provided for the ESA owner to receive the protection of state and federal laws.
The letter must be signed by a licensed healthcare provider, dated, and include the contact information and their Florida license number.
However, a number of health care practitioners are permitted to assess and issue an ESA Letter. Among these are:
- physicians
- psychologists
- psychiatrists
- nurses
- mental health counselors
- therapists
- social workers
Florida licensed healthcare professionals are not required to see their patients in person when assessing their needs for an ESA. Telehealth providers may also write ESA letters.
ESALetters.com
There is no specific form that the ESA letter must follow, however it must include specific information, such as the ESA owner’s name and the healthcare provider’s name, license type, and basic contact information. It must clarify the tenant’s need for an ESA and may also specify the type or species of emotional support animal required. The ESA letter does not include a specific diagnosis for the ESA owner.
Want to know if you qualify for an ESA? We can connect you with a licensed therapist online for your ESA letter consultation.
Start your 2 minute assessmentWho Qualifies for an ESA Letter?
ESA letters are typically provided to individuals with mental or emotional health disabilities that interfere with their ability to perform or participate in at least one major life activity. Conditions that may qualify for an ESA letter include:
- anxiety disorders
- depression
- PTSD
- phobias
- personality disorders
- cognitive and learning disorders.
Only a licensed healthcare professional can determine whether a specific condition benefits from the presence of an emotional support animal. ESA owners may have more than one ESA at a time, but it’s important to note that each ESA must be covered by an ESA letter.
ESA Laws in Florida
On July 1, 2020, Florida enacted several new state laws regarding emotional support animals. The new laws clarify the differences between an ESA and a service animal and illuminate the requirements for Florida tenants to qualify for an ESA. They also address the more recent issue of illegitimate documentation and make it more difficult for people to pass their pets off as ESAs without proper documentation.
According to Florida statute 760.27, an emotional support animal may be any species and “does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person’s disability.”
Since ESAs do not require any training according to the law, landlords may not request documentation or proof of the animal’s training or ability to provide its owner with emotional support.
Although ESA letters are the only legal documentation required, many websites claim to sell valid registration documents, identification cards, and certificates and patches. The new laws clarify that items bought online are not enough to verify the legitimacy of an emotional support animal. Documentation can only be obtained from a licensed healthcare provider.
Tenants who attempt to pass off their pets as ESAs will face legal consequences under the new laws. Providing a landlord with fake ESA documentation is a misdemeanor offense, as is attempting to pass off an ESA as a service animal.
Additionally, landlords that have previously made it more difficult for tenants to live with an emotional support animal will now be prevented from creating unnecessary obstacles. Landlords may not require specific forms or notarized documents as long as they can provide a legitimate ESA letter.
Getting an ESA Letter in Florida
If you need an ESA letter for Florida and can’t visit a doctor or therapist in person, ESA Letters can help you. ESA Letters will connect you with a Florida licensed ESA specialist who can write an ESA letter for you.
With an ESA letter from a Florida-licensed healthcare professional, you will be protected under Florida law as a legitimate emotional support animal owner.
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