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
I love this! I think pit bulls would be amazing support dogs. I own two and they are the most loving dogs I have ever met. They want to be close to you at all times. They do not like for you to get out of their site. My oldest even follows me to the bathroom and while I shower. He is a very happy boy, he’s a little to wiggly to ever be a support dog though. There are so many pit bulls out there that would make perfect candidates because they are so calm and loving. My youngest is 5 months he’s very calm and just wants to lay next to you at all times. I really think one day he would be a good candidate just because he’s so calm he doesn’t jump or wiggle around. My oldest gets so excited he will wiggle and smack his tail into you, and it feels like a whip! Thank you for sharing this article with us all! I hope to see more pit bulls as an emotional support animal in the future. God knows they would be perfect for the job!
I’m going to be moving to a town where my pit bull, Lilly is banned. She qualifies as an esa. If I register before we move, is she still banned? I can’t lose my dog but I need this job.
Emotional support animals are exempt from breed discrimination. You do not have to register your emotional support animal. Registrations are not recognized by apartments or airlines.
Lao, can a certification be rescinded with proof that the animal has been deem dangerous / vicious?
Yes, ESA handlers must be in control of their ESA at all times. Dangerous and vicious pets can be disqualified as emotional support animals.
Help…my father just got served a summons and ticket to court for owning a pitbull as a esa and he is registered. My dad has ptsd from his years In the service. He has a letter from his therapist stating this dog is his emotional support. The city gave me a copy of the city ordinance from 1992 And there is no mention of breed specifics just any dog vicious….as it should be…they brought him a copy of the city ordinance from 1988…all about breed specific banning…the pitbull. Hawk is amazing! His neighbors love him! But because he had a sticker on his can that said pitbull on board…this was what got him in trouble and noticed I was told today. He has court the 26th…you don’t understand…my dad will never let him take this dog…training dogs in Nam was one of his jobs as Military police.
I am so afraid he will lose when he goes in and loses his cool that day should they say the wrong thing or attempt to take his dog. He needs Hawk. HAWK needs him…Hawk was rescued by my father and they bonded in a way he has never bonded before with his dogs over the years. I can’t plee his case for him but instead my family took to the internet in hopes of saving his dog’s life. …they will seize and euthanize.
If he has the prescription letter for an ESA then there shouldn’t be an issue of the dog being removed. The real issue here is if BSL was in place, why would he endanger a dog by having a targeted breed and then advertising it?
Just saw this, how did he do? Pitbulls are the most loyal dogs, always wanting to please their owner. I can’t begin to imagine how hard it is for your father and Hawk.
Would it be possible to travel with my pitbull to a country where pitbulls are banned? If she qualifies as an ESA or service dog?
US Federal laws are not enforced in other countries.
I have seizures from a brain injury and when I do start to have one my pit knows exactly what to do he has even taken his tongue and cleared my airway so I could breathe I’m a pretty good size person and it takes all of his strength to try to hold me so I don’t hurt myself I will never get rid of him
I received a letter from my property management after our yearly inspection stating that we have 3 days to comply…which would be the removal of our 15 year old pitbull. When my ex husband returned him to me I went in and talked with the property management about having him and giving them our letter for my oldest daughter’s need for an emotional support animal. They said no bully breeds or Rottweiler and then they took a look at the letter and said well put it in your file and we went on our way…it’s been 11 months with nothing further said. What are our options…have their been new laws put In place that no longer protect us?
The Fair Housing Act still protects you if you have an emotional support animal. Landlords cannot deny reasonable accommodation requests simply because of a dog’s breed.
I live in a city in Florida where Pits are banned! The key is having or obtaining that ESA letter from your Dad’s Therapist or Psychiatrist , and have the doctor update the letter each year. That is the only requirement, and that your Dad is in control of his beloved ESA,”Hawk”. Best of luck with your outcome. I feel for him, and can relate, because I feel the same way about my sweet little pitbull, she is my baby girl, and no-one could take her from my arms either!
ESA Doctor’s, God Bless you, and Thank you for all of the accurate and latest info/advice you post in your column. Thank you for all you do.
I’m moving to an apartment where pitbulls are not allowed. If I get a pitbull and register it as an ESA can it be exempt from that ban?
Yes, as long it does not cause undue financial hardship to the landlord.
Does the dr note have to be from a a therapist? I was told your primary care physician can give you a note for an ESA, which she gladly wrote me a letter for one for my depression and high anxiety. This article didn’t mention a regular doctor being able to prescribe. Please advise I don’t want to lose my dog.
Your primary care physician can write a note for you as well.
So I just read that on the ADA’s website that “The ADA does not recognize dogs who solely provide emotional support or comfort as service animals.” Sorry ya’ll.
Emotional support animals and service animals are both assistance animals, but have different access rights. The FHA and ACAA protects owners with emotional support animals to live and travel with their ESA.
I have recently been served lawsuit papers from my city. I have a ESA Pit bull. When i first moved here i gave the city all the paperwork that was needed and discussed that she is a pit with the city and all was fine as long as i continued to update my paperwork when needed. This was all back in August. It is now towards the end of December and i have been served for having a pit. Just wondering if there is any legal help or legit websites or something that i can use towards my case. Pits are a banned dog in city limits but they are fine under county limits. I’m not going to let the city take my dog.
Knowledge is power, someone not aware of the law is probably who wrote the summons. I would just take evidence of the law with me and state my case.
We have heard of people getting their own insurance if their building’s insurance does not cover the animal.
I also have a pitbull and she is my emotional support animal. My landlord has been sending harrassing letters about my pitbull who is only 14 weeks old. She said I need a prescription for a pitbull but before I got Remy my pitbull puppy she already had a letter from my doctor stating I benefit from a emotional support animal. She keeps saying why does it have to be a pitbull I’m prepared for court
So I want to get this straight:
A primary care physician can write you an ESA letter, that officially makes your dog an ESA? or is a ‘prescription’ more like a recommendation ? All I see is the term ‘licensed mental health care providers’.
I am moving to a city where pits are not allowed, and I do not have a therapist, really. I just want to know that what my regular doctor writes out will keep my pitty safe?
Yes, your primary care physician can write your ESA letter for you.
Are landlords legally able to ask for a prescription for your service animal?
Service dogs do not require a prescription.
All you need is a letter from a doctor? Do you have to register your emotional support pitbull? If so where.
The recommendation for an emotional support animal must come from a licensed mental health professional, which may include a psychologist, psychiatrist, registered nurse, social worker or doctor. There is no such thing as an official “registry” for emotional support animals. You do not “register” an ESA. A pet qualifies as an ESA if you have a recommendation letter from a LMHP.
My dogs are registered with my city not as pitbulls. But because they “look” like a pitbull they say I cant have them. My city’s has any dog that looks like a pitbull banned. I gave a copy of my ESA letter to the city and at court told the judge I had ESA letters for my dogs. He said he doesnt care if they are ESA or Service if there is a ban they are not allowed. Is this true? Or is there a way I can fight this amd prove this judge wrong.? I own my home as well..
Emotional support animals and service animals are exempt from breed restrictions.
This article is kind of confusing because it says that the FHA supersedes local laws (bylaws), but then goes on to recommend double checking that owning a pit bull is legal in your area beforehand. If the FHA protects ESAs regardless of breed, why would you need to check if owning a pit bull is legal if it becomes a certified ESA?
We are not lawyers, but our general understanding is that federal law supersedes state and local law. However, if you have a local ordinance that prohibits pit bulls, you are likely to run into issues with the local authorities. You could then argue about your rights under federal law, but that can turn into a complicated ordeal. That is why we recommend checking local laws – you should be aware of what issues you might run into.
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.
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.
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.