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
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.
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
We have heard of people getting their own insurance if their building’s insurance does not cover the animal.
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.
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.
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.
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.
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 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!
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.