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post #1 of 7 (permalink) Old 01-25-2018, 11:41 AM Thread Starter
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Esa?

I didn't want to hijack the other thread.

When did ESA come into existence? When did the powers that be decide they should be allowed on airplanes? Who created this type of use for people's pets?
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post #2 of 7 (permalink) Old 01-25-2018, 12:03 PM
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I will try to hit some of the main points, but it will be a lot of typing so it will take me some time ...

TJ aka Theresa A. Jennings
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post #3 of 7 (permalink) Old 01-25-2018, 01:09 PM
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Emotional Support Animals in Housing

Most housing issues are under the Dept of Housing and Urban Development (HUD). While the DOJ only considers dog's that are *trained* to mitigate (tasks and work) for their disabled handler to fit in their regulations, HUD uses a broader range of animals including other domestic animals to fit into theirs.

Another important point that may cause confusion is that while the DOJ only allows two questions to be asked by a business in Public Access, HUD allows a landlord to go into more depth when reviewing a Request for Reasonable Accommodation. If a person's disability is not readily apparent a landlord may request a letter or form signed by the medical or mental health provider who is treating the owner in which it is stated that the dog (or other animal) is providing some type of service for the owner's disability.

Also, the DOJ (Articles II and III) require that the dog is required to mitigate the handler's disability while HUD's position is "that animals necessary as a reasonable accommodation do not necessarily need to have specialized training. Some animals perform tasks and require training, and others provide assistance that does not require training."

Inserted into the Federal Register on Monday, October 27, 2008, 24CFR Part 5 was the document
Pet Ownership for the Elderly and Persons With Disabilities; Final Rule

Four years before this was a Joint Statement of the Department of Housing and Urban Development and the Department of Justice.

Reasonable Accommodations Under The Fair Housing Act on May 17, 2004.

... One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

Under the Examples Section - Question 6 - Example 3:
A housing provider has a "no pets" policy, A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. ... The housing provider must make an exception to its "no pets" policy to accommodate this tenant.

Already mentioned above was the Pet Ownership for the Elderly and Persons With Disabilities; Final Rule. This ruling addresses the topic of Emotional Support Animals.
SUMMARY:
This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Specifically, this final rule conforms these pet ownership requirements to the requirements for animals assisting persons with disabilities in HUS's public housing programs, other than housing projects for the elderly or persons with disabilities This final rule follows publication of an October 25, 2007, proposed rule, and takes into consideration the public comments received on the proposed rule. In response to one comment, HUD has made a nonsubtantive change to the proposed rule. Specifically, consistent with the phrasing used in HUD's public housing pet ownership regulations, this final rule amends the assisted housing regulations to refer to "animals that assist, support, or provide service to persons with disabilities."
DATES: Effective Date: November 26, 2008


This info to be continued ...

TJ aka Theresa A. Jennings
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post #4 of 7 (permalink) Old 01-25-2018, 01:58 PM
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Emotional Support Animals and Air Travel

The Air Carrier Access Act of 1986 (ACAA)

The first Federal legislation to directly address public access rights of people with disabilities who have service animals was the Air Carrier Access Act of 1986 (1). The act amended the Federal Aviation Act of 1958 to provide that prohibitions of discrimination against handicapped people apply to air carriers. Regulations clarify that air carriers must permit "dogs and other service animals used by handicapped people to accompany the people on a flight" (16). As a result of these 1986 stipulations regarding air transport, the 1990 Americans with Disabilities Act does not reference air carriers in its Title II and III transportation requirements.

The ACAA regulations provide one of the most specific statements of Federal policy regarding accommodation of service animals. While efforts to implement other Federal laws, such as the Americans with Disabilities Act, rely largely on technical assistance guidance, regulatory examples, and settlements to guarantee access and accommodation rights for disabled people who have service animals, the ACAA directly regulates these rights. The act requires air carriers to permit service animals to accompany people with disabilities on flights (14 CFR 382.55 (a)) (16).

... As for the information about access to the cabin for animals, each airline is allow 2 PETS per cabin (paid) and there is no limit on the number of Service Animals to include ESAs/PSDs that are not charged per ACAA.

As for each airline having their own policy, the ACAA is THE governing document/regulation for ALL air carriers that operate in, to and from the United States. They MUST adhere to these regulations. If they do not, they are in violation and WILL be fined. This is non-negotiable. Each air carrier may have more strict regulations but they cannot have less strict regulations.

If you choose to pay for your PET in the cabin, that is your choice. However, if you want to have your SD/ESA/PSD accompany you in the cabin, these are the regulations that each airline that operates in the US must operate under.

*****

Issued on 05/13/09 by the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings and its Aviation Consumer Protection Division.

Incorporates information from the U.S. Department of Transportation’s “A Guide to Air Carrier Access Act (ACAA) and its Implementing Regulation”
14 CFR Part 382 (Part 382)


UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF AVIATION ENFORCEMENT AND PROCEEDINGS
WASHINGTON, DC
May 13, 2009

Answers to Frequently Asked Questions Concerning Air Travel of People with Disabilities Under the Amended Air Carrier Access Act Regulation

36. Must carriers accept emotional support and psychiatric support animals in the aircraft cabin?

Answer: U.S. carriers must accept any emotional support or psychiatric service animal in the aircraft cabin consistent with applicable safety and animal health requirements and ensure that its foreign code share partners do the same on covered flights with respect to passengers traveling under the U.S. carrier’s code. Foreign carriers must accept any emotional support or psychiatric service dog in the aircraft cabin consistent with applicable safety and animal health requirements on covered flights.

...

#41. For purposes of providing documentation stating a passenger’s disability-related need for an emotional support or psychiatric service animal1, what kind of practitioners qualify as “licensed mental health professionals”?

Answer: Any licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker) including a medical doctor who is specifically treating a passenger’s mental or emotional disability is a practitioner qualified to provide documentation stating the passenger’s need for an emotional support or psychiatric service animal. A qualified practitioner would include a general practitioner who is treating the passenger’s mental or emotional disability.

#42. May a carrier require that the documentation a passenger provides in order to travel with an animal that is used as an emotional support or psychiatric service animal state the passenger’s specific mental or emotional condition?

Answer: No. A carrier may only require that a passenger’s documentation confirm that a passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders- Fourth Edition (DSM-IV), in addition to three other items (i.e., the passenger needs the animal for air travel and/or activity at the passenger’s destination, the individual providing the assessment is a licensed mental health professional and that passenger is under his/her care, the date and type of mental health professional’s license and the state or other jurisdiction in which it was issued).

#43. May a carrier accept documentation from a licensed mental health professional concerning a passenger’s need for a psychiatric or emotional support animal if the documentation is more than one year old?

Answer: Carriers may, at their discretion, accept from the passenger with a disability documentation from his or her licensed mental health professional that is more than one year old. We encourage carriers to consider accepting “outdated” documentation in situations where such passenger provides a letter or notice of cancellation or other written communication indicating the cessation of health insurance coverage, and his/her inability to afford treatment for his or her mental or emotional disability.


*****
Title 14: Aeronautics and Space
PART 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL
Subpart H—Services on Aircraft
Title 14 → Chapter II → Subchapter D → Part 382 → Subpart H → §382.117
e-CFR Data is current as of December 22, 2014

(e) If a passenger seeks to travel with an animal that is used as an emotional support or psychiatric service animal, you are not required to accept the animal for transportation in the cabin unless the passenger provides you current documentation (i.e., no older than one year from the date of the passenger's scheduled initial flight) on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger's mental or emotional disability) stating the following:

(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders—Fourth Edition (DSM IV);
(2) The passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger's destination;
(3) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and
(4) The date and type of the mental health professional's license and the state or other jurisdiction in which it was issued.


I hope this info helps you see a timeline of Regulations and Laws on the topic of ESAs.
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TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


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post #5 of 7 (permalink) Old 01-25-2018, 07:40 PM
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I just wanted to add, for Canadians, ESA's are not actually recognized here as far as I know. They have no access rights, and are not permitted under housing laws.

The only exception that I know of is that in Alberta my right to an ESA is protected under some human rights laws, for purposes of housing only! I cannot be denied housing or evicted because of Shadow, whether or not pets are permitted. I am responsible for any and all damages caused (obviously) and should she cause a disruption to other tenants I could be evicted for interfering with other tenants.
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post #6 of 7 (permalink) Old 01-26-2018, 06:41 AM
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I didn't see where any type of picture ID of the ESA is required. Are doctors required to specify the type of animal and/or the breed. If not, It just seems that if an owner who requires an ESA has more than one animal/ different breed of animal, it would give them free range of choice on which one gets to fly with him/her.

Just another glitch that I thought of while skimming through those documents.
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post #7 of 7 (permalink) Old 01-03-2019, 01:03 PM
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The airlines require that a licensed medical / mental health professional specify the animal type, breed, and weight, along with documentation of the person's mental or emotional disability. The airlines also verify that this information is accurate prior to the day of travel.

In July 2017, I experienced a mild traumatic brain injury, and I now suffer with neurocognitive disorders and crippling anxiety. My GSD has been my lifeline. She has been through training to support and assist me with these issues, at home and in select public areas. However, she is not a service animal.

I traveled with her onboard an airplane last year as an "ESA" and I will do so again this month. Without getting into detail about my health related problems, I will just say that my GSD's presence is very necessary for me.

Please keep an open mind and an open heart if/when you see these support animals in the airport or onboard the cabin of a plane. The need goes far beyond people wanting to travel with their "pets."
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