Emotional support animals can come in all shapes, sizes, and species, unlike service animals, which have primarily fallen into the capable paws of the canine species. Although under the American’s with Disabilities Act (ADA) any species of animal can be considered an ESA, the problem with Pit Bulls does not lie with this organization, but rather the Breed-Specific Legislation that many states are now implementing.
In this post, we will cover some facts on ESA’s and why the breed-specific laws DO NOT prohibit the use of Pit Bulls as emotional support animals.
What is an Emotional Support Animal?
An Emotional Support Animal (ESA) is any animal that brings comfort to those people diagnosed with a mental or emotional disability. These animals are not specifically trained to do a task and do not have the same rights and privileges as a service dog, but they are protected by federal laws for travel and housing. In order to qualify a pet as an emotional support animal, you must get an ESA letter from a licensed mental health professional on a therapist’s official letterhead.
What is Breed-Specific Legislation?
Breed-specific legislation is a relatively new law that has been implemented in many states and counties, banning those breeds of dogs that are deemed as vicious (Pit Bulls fall into this category). However, what this legislation is failing to take into account is that not all Pit Bulls (or the many other “Bully” breeds) are a danger to people or other animals. In fact, these dogs, raised in the right environment, are extremely loving, gentle and loyal.
Even though local laws may try and enforce breed-specific legislation laws, Federal laws protecting emotional support animals supersede these local laws. The FHA or Fair Housing Act protects individuals with ESA Pit Bulls to live with their handlers in their permanent homes and apartments.
Can Pit Bulls Be Used as Emotional Support Dogs?
Pit Bulls can be wonderful emotional support dogs and if they do not cause a disturbance or any damages they must be accepted by your landlord as an ESA. Your dog must be well behaved and be under your control to qualify as an emotional support animal.
Before you get a Pit Bull as an emotional support animal, be sure to check with your city’s bylaws to be sure you can legally own one. If you already have a Pit Bull and are using it as an emotional support animal, having your paperwork in order to prove the dog is indeed there as a support system over a pet, may be what keeps your Pit Bull in your possession.
See if your Dog Qualifies as an Emotional Support Animal
In housing cases, the courts have sided with pit bull owners. See retired police officer with a trained pit bull service animal sues the city of Aurelia, Iowa and Florida man files to keep his emotional support pit bull in Miami .
Go live in apartment buildings that allow pets! Allow the rest of us – who are dog-phobic or have allergies or just generally dislike dogs to be left alone in peace. There are SO MANY apartments that now allow dogs, in fact they advertise all their pet-friendly perks in a bid to attract dog people. So, let the rest of us have our dog-free apartments without you guys trying to “sneak into the apartments” under the guise of “emotional support animals”. Quit ruining the quality of life for others just because of your “I don’t care if there’s other buildings that allow pets… I want THAT building!” . Believe me – everybody in that pet-free building you sneak your way into hates you and your dog.
Comments like these lack compassion and empathy. This statement is akin to telling people that need accommodation for a disability in the form of a ramp or audio assistance that they should all go live in a separate complex and not bother “regular” people and their living needs. There is a reason ESA protections are enshrined in federal law – they are designed to prevent discrimination against the disabled and allow for the disabled to have the same opportunities that the non-disabled have. ESA owners are always responsible for making sure their animals do not bother other tenants or create safety issues.
It’s unfortunate to use an ESA designation to bypass aggressive breed restrictions that put other animals and people at risk. I don’t begrudge anyone the need for an ESA, but that shouldn’t override the safety concerns that conce with certain breeds. There are plenty of non aggressive breeds that fit the bill. Too often I’ve seen disastrous results for those promised a safe apartment community, and a person fraudulently uses the ESA to bring their aggressive dog in. Yes. I’ve been attacked by one such dog. Laws need to change.
Actually, if you look at the facts, according to the American Temperament Test Society, 86.8% of all pit bull pass their temperament test and that is 4th out of the 122 breeds in the test. According to another study, also by the American Temperament Test Society, they rank 2nd in temperament. (Better than even Golden Retrievers) Also, according to other studies, in 84% of all fatal attacks, breed being an irrelevant factor, the dogs are neglected and/or abused. Even the CDC doesn’t support BSL (Breed Specific Legislation). This is due to the CDC finding BSL to be largely ineffective and a waste of public resources. Also, in just 1988, pit bulls were nick named the “nanny dog” due to their gentle and loving nature towards children. Besides, the real reason for a dog of any kind being bad tempered is bad treatment and abuse by the owner. Yet the owner gets off almost Scott Free when the dog bites someone. Therefore Discrimination against Pit bulls (Pitty Puppers as I like to call them) due to their breed is very unfair and you should know that the dog was probably mistreated and attacked you out of fear and in self defense of a perceived, even if not present in your mind, threat. The advocacy agency Pit Bull Rescue Center, in fact, does not recommend selecting pit bulls to be guard dogs because they are usually too friendly to strangers. So that dog that attacked you most likely had an abusive owner. It probably had nothing to do with the dog itself.
People that don’t like dogs or pets are usually sociopaths. Congrats, sounds like that’s exactly what you are from your post.
Dogs, animals in general, are wonderful companions and are way better than human beings. If u don’t have love for animals, u truly don’t have love for anything. Because a person who loves and respects animals is a great human being!! Atleast be courteous for those that have love for animals.
Bravo !!!couldn’t have said it better myself!! These people dont realize. Lets put them in cages not give them food, water , attetion are love. Beatin everyday by a person. How would they want to act when let out of their cage
But people have deemded pitbulls as “vicious” when actually they we’re originally trained to be nanny dogs but because of people who don’t do research and think they know everything they automatically assume it’s not as easy as you think
Everybody’s pet is an ESA. Thats ‘s the problem. Hawk is legit. The people who cry ESA and aren’t even under the care of a therapist are ruining the curtesy for the people for whom the law was intended. It always comes down to money and entitlement. If you have the money, buy your right to do what you want. I’m seeing it all over the web. Buy your ESA letter from a website. No doctor necessary because they have the letterhead. This is BS.
Don’t hate me, I love pits. I love all dogs. But many have ruined it for the few who need it.
We also do not support websites that issue letters without an actual licensed health care provider being involved. We support rules that would crack down on online services not following proper procedure. Our platform connects clients to licensed mental health professionals who make an independent determination regarding whether the client qualifies for an ESA. We do not directly issue the letter, they come directly from the LMHP on their letterhead, which their license and contact information included.
This doesn’t even make sense. You obv don’t love pits if you’re taking the time to write a comment that is against ANY breed being able to be considered an ESA. You fail to explain exactly how The many who are using ESA registration Are ruining it for the few who “deserve it more than others”.
I have read all the comments before mine and I understand about ESA’s and Pit bulls, but I am still confused because according to what I read elsewhere, Certain cities in Montana have strict Pitbull bans and a Pitbull as an ESA can be denied by a property management company due to being on the vicious breed list. Is this true? I am confused because State law says I cannot have my Pitty as an ESA, but here you say Federal law prohibits breed discrimination, I am lost. She is the most lovable gentle creature. She even plays with our cats and bunnies and has never hurt any animal or person.
This is a somewhat complicated question with no clear cut answer unfortunately. It is true that the Department of Housing has stated that breed restrictions are not allowed and the Fair Housing Act is federal law. However, states and local entities have their own rules regarding certain breeds. Our understanding is that federal law can override state laws, but we are not lawyers and in reality you may face an uphill battle making this argument with a landlord and local enforcement who are following their local rules.