Emotional Support Animal FAQ
What is an emotional support animal (ESA)?
An Emotional Support Animals (ESA), also known as a support animal, can be any animal and is not required to have any special training to perform tasks to aid a personal with a disability. Under Indiana law, an emotional support animal is defined as a companion animal that a health service provider has determined provides a benefit for an individual with a disability, which may include improving at least one symptom of the disability. Additionally, to be prescribed an emotional support animal, the individual seeking an emotional support animal must have a verifiable disability.
Can I ask for verification for an emotional support animal?
A property owner leasing to an individual with a disability that is not readily apparent who seeks a reasonable accommodations for an emotional support animal in a dwelling may require that the individual (prospective or current) resident provide written verification from a health service provider that 1) the individual is an individual with a disability 2)there is a disability related need for the emotional support animal to assist the individual and 3) the emotional support animal assists the individual in managing the individual’s disability.
Is there a limit to the number of emotional support animals that a resident can have?
A resident may have multiple emotional support animals, but a property owner can request a verification pursuant to Indiana law from a health service provider for each ESA request.
What if a resident provides verification documents for a medical professional from out of state?
In Indiana, documentation from an out-of-state health service provider must come from a physician, psychiatrist, social worker, or another mental health professional licensed in that state and having an ongoing treatment relationship with the individual requesting the ESA.
Additionally, Indiana law does not accept letters from health service providers located in Indiana who only write a letter to a resident for the purpose of obtaining an ESA.
Can I impose community rules on emotional support animals?
Yes, a property owner can establish reasonable rules for ESA, like that the animal must be in the control of the handler/resident at all times, that the animal’s waste is cleaned up, and that the animal does not disturb other residents.
Can I charge an emotional support animal a fee?
No, this is prohibited. However, if the emotional support animal causes damage to the property, a property owner can charge the individual for damage caused.
Service Animal FAQ
Can I ask for verification for a service animal?
For a service animal, property owners cannot ask about the nature or extent of a disability. If a person has a service animal and the animal’s service tasks are not obvious, only two questions may be asked: 1) Is the animal required because of a disability? 2) What work or task has the animal been trained to perform? A property owner cannot require the dog to demonstrate tasks it is trained to perform and cannot ask for documentation to prove the animal has been trained.
Can I impose community rules for service animals?
Yes, reasonable community rules are permissible with service animals. For example, service animals must be under the control of the handler via harness, leash, or other type of tether. The animal must be housebroken, and the handler must clean up after the animal. Additionally, the animal must be vaccinated according with state and local laws.
Are there breed restrictions for Service Animals?
A service animal can be any breed or size of dog. In some cases, the Americans with Disabilities Act will also permit a miniature horse, as a service animal. The dog or miniature horse must be trained to do work or perform tasks for the benefit of an individual with disability, including physical, sensory, psychiatric, intellectual, or other mental disability.
Is there a limit to the number of service animals that a resident can have?
No, a resident can have multiple service animals.
Is a service animal required to wear a vest?
No, there are no requirements that the service animal wear a vest, sign, or otherwise identify itself.
Can I charge a service animal a fee?
No, this is prohibited. However, if the service animal causes damage to the property, a property owner can charge the individual for damage caused.