Massachusetts adheres to federal regulations when it comes to Emotional Support Animals (ESAs).
Massachusetts does not have state-specific laws regarding emotional support animals. Instead, residents follow federal laws such as:
Massachusetts follows the federal Fair Housing Act for emotional support animals. This law requires landlords to allow tenants with disabilities to keep an ESA in housing with a no-pet policy. Tenants must provide appropriate documentation from a licensed mental health professional.
The ACAA used to allow individuals with ESAs to fly in the cabin without additional charges. However, under the 2021 changes, airlines can treat ESAs as pets instead of service animals.
The ACAA is a federal law that ensures passengers with disabilities have the right to travel by air without discrimination.
It is designed to make air travel accessible to individuals with disabilities. The law allows passengers with emotional support animals to fly with their ESA in the cabin at no additional charge.
However, recent changes to the ACAA in 2021 have revised how airlines treat emotional support animals. These changes affect travelers in Massachusetts as well as across the United States, as airlines are no longer required to treat ESAs as service animals. Instead, airlines now have the option to treat ESAs as pets, subject to their specific pet policies.
The FHA is a federal law that protects individuals with disabilities. It ensures their right to live with an ESA in housing that has a no-pet policy.
In Massachusetts, like all states, the FHA requires landlords to allow tenants with disabilities to keep their ESA, provided they have an official ESA letter.
This is a reasonable accommodation if the tenant provides appropriate documentation from a licensed mental health professional.
Under the Americans with Disabilities Act (ADA), ESAs are not granted the same rights as service animals. The ADA created a clear distinction between service animals vs emotional support animals.
Since ESAs provide emotional comfort rather than performing trained tasks, they do not qualify as service animals under the ADA. These are the key regulations regarding ESA’s public access under the ADA that ESA owners should know about:
Yes, under the federal Fair Housing Act, landlords must accommodate ESAs in no-pet housing. Tenants must provide valid documentation from a licensed mental health professional.
Emotional support animals do not have access rights to public places under the Americans with Disabilities Act (ADA) unless the establishment permits pets.
No, landlords cannot charge extra fees or deposits for ESAs under the Fair Housing Act. However, tenants may be held responsible for damages caused by their ESA.
While the ACAA allows ESAs to travel in airplane cabins, 2021 changes permit airlines to treat ESAs as pets. Passengers must check airline-specific policies and provide necessary documentation.
Under the FHA, landlords in Massachusetts must accommodate an ESA request. This applies if the tenant provides valid documentation from a licensed mental health professional.
However, landlords can deny the request in specific situations, such as:
Condo associations are also subject to the Fair Housing Act, which applies to housing providers, including homeowner associations and condo boards. They must grant reasonable accommodation for an ESA unless:
Residents must provide proper documentation to the condo association, and any denial must be based on valid concerns, not arbitrary rules or pet policies.
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