ESAs, SAs, and STRs
I wanted a dog as far back as I remember. As a child, I had books on dog breeds, care and training that I would study in the hopes that someday my dream of having a Bernese Mountain Dog or a Basenji would come true (why I picked these breeds, I can no longer remember). Transitioning from mom’s house to dad’s house every few weeks as a teen, I wanted something that would go back and forth with me. I wanted a constant companion. Instead, though, my childhood pets were limited to cats, rodents and birds.
One of my first orders of business as an adult was to get a dog. And then get another dog. Delilah and Jax went everywhere they could with me. This was before the concept of ESAs became widespread (or even existed) so we limited our vacations, and often begged family and friends to watch our well-behaved pooches while we were gone. These two were constant fixtures in my studio, providing companionship on what would have otherwise been long and lonely days. They were my motivation for going outside to walk or run, even on rainy days. I have no doubt that both my physical and mental health improved because of their presence in my life.
Despite their profound presence in my life, Jax and Delilah were not officially “Emotional Support Animals” (ESAs). This designation can come from a doctor, mental health professional, or an online pay-to-play certificate. Because no training is required, and the animal doesn’t have to perform any specific task other than supporting the owner emotionally (which, again, do animals not all perform this function? Why else would we keep them?) both long-term and short-term rental (STR) owners heavily oppose ESAs being exempt from pet policies.
Where ESAs can be the result of a fee and an internet search, a “Service Animal” (SA) is a much different designation. The SA must be trained to perform a specific task, such as sniffing for peanuts or leading a vision-impaired owner, though the training need not be certified (the owner may train the animal themselves). Service Animals are considered to be assistive devices, in the same way a walker or a wheelchair would be, and as they’re assistive devices they are not pets, so pet policies or restrictions do not apply.
One of the most common questions on short-term rental (STR, otherwise known as “Airbnb”) operator discussion groups is whether or not people have to allow SAs and ESAs in their homes. In the US, the answer is incredibly straightforward regarding SAs — yes (with rare exceptions). The Americans with Disabilities Act (ADA) specifically covers SAs and specifically excludes ESAs from coverage and states that they must be allowed in all places of public accommodation (the Fair Housing Act covers long-term rentals). If you own a STR and someone contacts you asking to stay with their service animal, you can ask them 1) if the animal is required because of a disability, and 2) what tasks the animal is trained to perform. You may not ask for any documentation.
Emotional Support Animals, while not covered at federal level, are still covered in certain states and local jurisdictions. The City of Seattle has defined assistance animals to cover both SAs and ESAs which means that legally neither can be excluded from short or long-term housing (enforcement is covered by the Office of Civil Rights). This means that if you operate a STR in Seattle, regardless of the policy on the platform (such as Airbnb), and someone requests to stay with either an ESA or SA, you must allow the animal to accompany their owner. You may not impose extra fees for the animal (such as pet or cleaning fees), either.
I’ve seen many owners decide they were going to block their calendar or try to find another way to exclude a guest from traveling with an assistance animal. Where this may get you out of having an animal at your property in the short-term, it is also a civil rights violation. After working in the legal field for a decade, I know all too well that you don’t have to be wrong to be sued, and attorneys don’t defend you for free.
All that said - nothing here is to be construed as legal advice, just my internet research and late-night musings. If you have questions about whether you’re required to accept ESAs at your rental (long or short-term), call your local office of Civil Rights or check with your county.
-Cait
(Pictured: the Goose. Jax and Delilah passed a few years ago, and when we lost Jax the best cure for a broken heart was to fill it with a fuzzy puppy. This guy demands belly rubs, jumps into bed at night to snuggle before retiring to his pillow, and brings me more joy than I could imagine)
