What is Considered an ESA in GA?
While not legally defined in Georgia law, the federal Fair Housing Act broadly describes "emotional support animals" (ESAs) as "animals that provide emotional support which alleviates one or more identified symptoms or effects of a person’s disability." Emotional support animals are most commonly considered to be domesticated dogs and cats. However, they may also include rodents, rabbits, birds, reptiles and even pot-bellied pigs. ESAs do not need any specific type of training but must provide necessary, ongoing, therapeutic support for the person with a disability.
ESAs are typically prescribed by a licensed mental health professional. Generally, a physician, psychiatrist, social worker, or other mental health professional will determine whether a person is eligible for the designation of ESA based upon their disability . Whether an animal qualifies as an emotional support animal often depends on whether the animal provides benefits or alleviates any symptoms of a person’s disability.
Because no specialized training is required, the only documentation that could be required as verification is written confirmation of the disability from a licensed mental health professional and documentation of the therapeutic necessity of the animal. This documentation need not follow a specific format; however, it should be recent enough to indicate that the person’s need for the support animal is ongoing. Most public and private housing and apartment communities have established procedures for documenting a disability and requesting an ESA.
Georgia Law and ESAs Explained
Georgia law does not specifically grant legal rights to emotional support animals (ESAs) nor does it establish a process through which owners may apply for certification. However, Georgia residents do benefit from existing federal and state laws that govern ESA use in housing and public areas.
Housing Rights
Under federal law, the Fair Housing Act prohibits discrimination against people with disabilities in housing accommodations and management. Such protections extend to emotional support animals. ESA owners have certain rights under this act: Case law in Georgia shows that landlords are often required to make reasonable modifications to their policies, including allowing ESA residency and waiving pet fees.
Public Spaces
Georgia’s laws concerning public spaces do not expressly address emotional support animals. However, similar to the federal definitions, Georgia laws regarding guide dogs, signal dogs or service dogs makes no distinction between animals trained for certain specific services. Title 51 of Georgia’s civil remedies code defines these companion animals as those that "are educated, trained, or experienced for the purposes of aiding any physically disabled person in the activities of daily life." More relevant, Georgia law prohibits refusal of admittance or treatment of disabled persons with guide dogs in hospitals, nursing homes and other establishments. This is not applicable to any facility for the criminally insane or facilities of the U.S. Department of Family and Children Services.
Although Georgia has not explicitly defined the protections that grant ESA rights, Georgia courts have examined ESA requests in housing situations and limited public spaces situations, and distinctive case law has been established.
How to Get an ESA Letter in Georgia
As an emotional support animal (ESA) owner, one way to be protected under the law when dealing with housing or travel providers is to have an ESA letter issued by a licensed physician. However, it’s essential to know that not just any letter will do. There are many companies that offer documentation for "emotional support dogs" or other ESAs over the internet. These letters are often not valid when it comes to housing or travel scenarios. The Fair Housing Act (FHA) allows for the use of emotional support animals by persons with a mental or psychological condition that limits one or more aspects of their life, provided that the condition is documented by a doctor and that the doctor completes an ESA Letter for housing. Similarly, the Air Carrier Access Act (ACAA) allows for the use of emotional support animals by persons with a mental or emotional condition if the animals provide a benefit to the condition. Again, ESA Letters for travel (in this case for planes) are used to waive any restrictions that would otherwise prevent travel with an animal. The bottom line is that both the FHA and ACAA require that a doctor submit a recommendation for an emotional support animal be submitted via an ESA Letter. So who is a licensed doctor and can issue an ESA Letter? Generally, it has to be a licensed mental health counselor. That means a doctor of medicine, psychiatrist, psychologist, social worker, or another person with a license in the State of Georgia who can diagnose patients and prescribe them medication. An internal medicine doctor or another generic kind of doctor who does perform mental health examinations does not qualify. If you are going to get an ESA Letter for housing or travel purposes, then it’s best to find a doctor who specializes in emotional support animals. You can go to your family doctor and request that they write an ESA Letter for you, but typically, unless you have a long history with them and can demonstrate that you have a noticeable condition that is helped by having an emotional support animal, they will not be able to furnish you with a letter. Plus, it depends on the type of doctor. Some medical doctors don’t feel well enough versed in emotional support animals and conditions and will not participate in the process. Those who do, however, will likely require you to have a letter from a clinical psychologist to be fully compliant with the law. There is no definitive list of requirements that need to be requested or performed for housing purposes to qualify as an ESA Letter. However, legal experts have noted that a good ESA Letter for housing does include the following: In order to qualify for travel on an airplane, the ESA Letter is generally more strict, since there are more requirements that the person boarding the plane must have. In this case, the letter must include the following: If it is noted that an ESA Letter is invalid or not in compliance, you may receive notice from the housing or travel provider requesting to have another copy sent that has the proper required information. There is no specific time requirement for ESA Letters. They can be written for whatever timeframe a doctor determines is necessary. Most often they last for 1-2 years.
ESA vs Service Animals
Differences Between ESAs and Service Animals in Georgia
While often used interchangeably, the legal rights and requirements for emotional support animals and service animals are quite different. Service animals are defined under the Americans with Disabilities Act (ADA) as dogs trained to perform tasks for those with diagnosed mental or physical disabilities. Under the ADA, a service animal can only be a dog or miniature horse. There are no state or federal laws covering emotional support animals.
As far as training, service animals can be trained by any individual or provided through an accredited organization or facility. ESAs do not have this requirement. Under the Fair Housing Act, tenant can request reasonable accommodations from their landlord for assistance with medically-diagnosed emotional impairments. There are no certification requirements for documentation of the ESA , although you’ll need a letter from an emotional or mental health professional, such as a doctor or therapist.
Georgia law covers assistance animals under Georgia Code 30-4-2.1. This law does not cover ESAs so strictly. It says that an "assistance animal" can be any animal that provides "necessary services to assist a person with a physical disability or a sensory disability."
Under Georgia law, landlords must permit a person with a physical or sensory disability to live with their assistance animal if the animal is necessary to the disabled person’s use and enjoyment of the residence. The landlord may require reasonable notice and verification of the need for the assistance animal if necessary.
Common Issues with Emotional Support Animals
Challenges and Controversies Surrounding ESAs in Georgia
Despite the legal protections afforded to emotional support animals, their recent integration into everyday life has met with resistance and controversy. One primary area for conflict is housing and landlord-tenant relationships. Some landlords, property management companies, and housing authorities have challenged the need and therapeutic value of ESAs. Critics allege that "fake" ESAs are being used to illegally procure housing that otherwise violates housing and zoning regulations on the basis of having a genuine medical need for such accommodations. Cases such as the 2011 suit against Lincoln Square Apartments in Washington state reflect this ongoing debate. In that case, the U.S. Department of Housing and Urban Development sued the Lincoln Square Apartments for denying a hearing-impaired boy an ESA allowance stating that the animals would only be allowed in the apartment complex if they completed and passed protection-agency training and certification requirements. While limited in scope, the case set precedent for similar actions brought against landlords that deny ESA accommodation that do not have these requirements. The use of fake certification websites that promise ESA documentation and provide no real benefit to legitimate ESA owners has also caused backlash among housing associations, airlines, businesses, and the general public. The Humane Society of the United States, a nonprofit organization that works to end dog-fighting abuse, rescue and rehabilitate dogs, and promote spaying and neutering, found that almost all the documentation provided by online ESA certification services has been deemed invalid or fake by veterinarian Dr. Gary Patronek, director of the Animal Hoarding Project at the Tufts University School of Veterinary Medicine. Airlines have also been known to push back against ESAs to protect the integrity of their flights. Reports of ESAs caused delays or even cancellations of flights are rampant on social media and in news reports. Reports of aggressive dogs and bites reported, and even deaths, have led airlines to change their policies on ESAs. While the U.S. Equestrian Federation provides a list of internationally registered Emotional Support Animals for travel on planes and other international travel, airlines in the United States have not made a similar determination. Although it’s unclear whether housing associations and airlines will let up on their opposition to ESAs, it’s clear that the common issues associated with these "hot-button" animals will persist and stress the need for applicable ESA laws and regulations to catch up with society.
Recent Changes to Georgia ESA Laws
As mentioned above, it is important to note that the above-listed regulations and laws are ever-changing. Though these laws have been in existence for some time, there are always new updates and incidents that set a precedent or provide guidance as to how these laws may continue to change. One of the newest updates to Georgia ESA laws involves a bill proposed in the Georgia General Assembly this year. Senate Bill 165 was introduced by Sen. Albers on March 6, 2019. The goal of the bill was to amend the current criminal offense of misrepresenting an emotional support dog. According to the American Veterinary Medical Association (AVMA), the bill was "formulated in cooperation with the Georgia Veterinary Medical Association to address some of the issues that have arisen regarding misrepresentation of emotional support animals." In short , SB 165 sought criminal penalties for certain actions involving emotional support dogs. The bill proposed that misrepresenting an animal as an assistive animal would be a misdemeanor unless the person has already been convicted of the same charge within the past five years, making it a misdemeanor of a high and aggravated nature (e.g., a felony). However, the bill was withdrawn from the Senate on March 21, 2019. It remains to be seen if the state will propose another bill addressing this issue in the near future, but as it stands, Senate Bill 165 does not appear to be effective, and any criminal results of misrepresenting an ESA under the new law will be based on current law only. Finally, it is important to note that cases involving emotional support animals are generally fact-specific and the outcome can vary dramatically based on the specific circumstances of each case. As the law continues to evolve, it is essential to stay on top of any new changes in emotional support animal laws, such as those that come after prominent cases garner the attention of legislators.