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Emotional Support Animals vs. Service Animals

Emotional Support Animals vs. Service Animals in Housing

People with disabilities may request to live with animals that assist them with disability-related needs. Under fair housing laws, housing providers may be required to allow certain animals even if a property has a “no pets” policy.

Two common types of assistance animals are service animals and emotional support animals. While both may be allowed in housing, they are not the same and different rules may apply.

Understanding the difference can help both tenants and housing providers understand their rights and responsibilities.

What is a Service Animal?

A service animal is a dog that has been individually trained to perform specific tasks for a person with a disability.

These tasks must be directly related to the person’s disability.

Examples of service animal tasks include:

  • Guiding individuals who are blind or have low vision
  • Alerting individuals who are deaf or hard of hearing
  • Pulling a wheelchair
  • Assisting with balance or mobility
  • Alerting a person to a seizure or medical episode

Service animals are considered working animals, not pets.

Under the Americans with Disabilities Act (ADA), service animals are generally limited to dogs that are trained to perform disability related tasks.

What is an Emotional Support Animal?

An emotional support animal provides comfort or emotional support that helps alleviate symptoms of a disability.

Unlike service animals, emotional support animals do not need to be trained to perform specific tasks.

Emotional support animals may include animals such as:

  • Dogs
  • Cats
  • Rabbits
  • Other small domesticated animals

Even though emotional support animals are not trained service animals, they may still qualify as assistance animals under fair housing laws.

Assistance Animals in Housing

Under the Fair Housing Act and Indiana civil rights laws, housing providers may be required to allow assistance animals as a reasonable accommodation for a person with a disability.

This may apply even if a housing provider has:

  • A no pets policy
  • Breed restrictions
  • Pet deposits or pet fees

Assistance animals are not considered pets, so pet policies may not apply in the same way.

However, tenants are still responsible for ensuring their animal does not cause damage or create health or safety concerns.

When a Housing Provider May Deny an Assistance Animal

In some situations, a housing provider may deny a request for an assistance animal.

Examples may include when:

  • The animal poses a direct threat to the health or safety of others
  • The animal would cause significant property damage
  • The request would create an undue financial or administrative burden
  • The request would fundamentally alter the nature of the housing provider’s services

Each request must be evaluated on a case-by-case basis.

If You Believe Your Rights Were Violated

If you believe you were denied housing or treated differently because of a disability or a request for an assistance animal, you may be able to file a discrimination complaint.

The Indiana Civil Rights Commission investigates complaints involving discrimination in housing, employment, education, credit, and public accommodations.

To learn more about filing a complaint, visit the How to File a Discrimination Complaint page.