In Michigan, there are no state-specific laws governing the rights of emotional support animals (ESAs). Instead, ESA owners in Michigan are protected under federal laws that apply nationwide.
These laws ensure fair treatment for ESA owners, providing rights in housing, travel, and certain public accommodations. Understanding these laws is crucial for ESA owners to navigate their rights and responsibilities.
Here are the major federal laws that apply to emotional support animals in Michigan:
The Air Carrier Access Act was established to protect individuals with disabilities from discrimination during air travel, including those with ESAs.
Historically, the law required airlines to allow ESAs in the cabin without fees. However, recent amendments have tightened these provisions, and many airlines now treat ESAs as pets with added restrictions.
ESA owners must review airline-specific policies to ensure compliance before traveling.
Under the FHA, landlords and property managers must make reasonable accommodations for tenants with ESAs, even in housing with strict no-pet policies.
Here are the key provisions and regulations of the FHA for emotional support animals:
The Americans with Disabilities Act (ADA) protects individuals with disabilities and their service animals. The emotional support animal vs service animals difference is important here, as the ADA does not extend the same protections to ESAs.
Unlike service animals, which are trained to perform specific tasks to assist individuals with disabilities, ESAs provide emotional support but do not undergo task-specific training. As a result, they are not granted public access rights under the ADA for emotional support animal guidelines. This means:
Additionally, the ADA does not provide workplace rights for ESAs, meaning employers are not required to allow them in the workplace.
In Michigan, ESA requirements follow federal laws. To qualify for an ESA, individuals must have a mental or emotional disability. They also need to obtain an ESA letter from a licensed mental health professional.
Michigan ESA letters typically need to be renewed annually in the state of Michigan. There is no fixed expiration date, but individuals should ensure their ESA letter is up to date for housing or travel purposes.
In Michigan, service dogs assist individuals with physical disabilities, such as blindness, hearing impairments, mobility issues, or medical conditions like seizures or diabetes. Service dogs must be trained to perform tasks directly related to the individual’s disability.
Under federal law, landlords cannot deny an ESA in Michigan if the tenant has a valid ESA letter from a licensed mental health professional.
However, the landlord may deny an ESA if it poses a direct threat to others' safety or causes significant property damage. Landlords are also not required to make accommodations for animals that are disruptive or aggressive.
Unlike service animals, ESAs in Michigan law do not need to be specially trained.
They must provide emotional support to their owners, but they are not required to perform specific tasks. However, they should be well-behaved and not disrupt their environment.
An animal is designated as a service animal when it is trained to perform specific tasks for a person with a disability. It has public access rights under the ADA, allowing them to go into most public places.
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