ESA Weekly News Report July 8th: ESA Owner Faces Unfair Eviction and Veteran’s Service Dog Is Confused for ESA

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Jack Russell dog reading the ESA News

Every week, we bring you the most interesting and recent emotional support animal news. Today is no exception. The first story we have for you is about a tenant who is being evicted for living with an ESA. The second is about a service dog who was kicked out of a hotel because they were mistaken for an ESA.

Minnesota ESA Owner Is Faced With Eviction

emotional support dog eviction

A Minnesota man has been told by his landlord that he must leave his rented housing unit. The property owner argues that the tenant’s emotional support dog is “too young.” According to them, an ESA must be at least one year of age to not be considered a pet.

The tenant has explained to the landlord that the law does not state that. He has even obtained an ESA letter and note from a licensed mental health professional. Despite all this, the landlord is not willing to budge.

Currently, the situation is at a stalemate. None of the parties in question can see eye to eye. The Minnesota ESA owner told the Star Tribune he was feeling desperate and didn’t know what else to do.

We’ll keep following the situation and update you if there are any developments.


Service Dog Is Mistaken for ESA, Leading to Hotel Expulsion

service dog laying beside owner

Nicholas Day is a Marine Corps veteran who served for thirteen years. During his deployment, he developed post-traumatic stress disorder (PTSD). In addition to the medication he takes, he got a service dog to help him in the day-to-day.

Despite having all the required paperwork, he was denied check-in at the Hampton Inn in Medford, Oregon. The hotel manager argued that the no-pets policy applied to ESAs. Nicholas then responded that his service dog wasn’t an ESA and is protected by the Americans with Disabilities Act (ADA).

The situation ended with Nicholas, his wife, and his service dog being escorted out of the hotel. When they got back home, they filed an ADA discrimination complaint. Furthermore, they filed a claim against the hotel with the Oregon Bureau of Labor and Industries.

Nicholas told Yahoo News the whole situation left him distressed and with severe migraines. According to him, this has set him on a path of trying to educate people on the differences between service dogs and ESAs.


CertaPet’s Thoughts on This Week’s News

This has been a sad week for ESA news. We’re gutted to see that many people don’t understand emotional support animal laws.

The Fair Housing Act allows owners to live with their ESAs. Landlords, regardless of what state they live in, must comply with it. Nothing in it says that an ESA can only be accepted into a rented unit if they’re a certain age.

We believe the Minnesota landlord (and all landlords in the US) should read up on the FHA. It’s important to understand not only an ESA’s rights but also their rights as landlords! A young ESA should not be evicted unless they cause damage to property or are a nuisance. This doesn’t seem to be the case with the Minnesota man’s support dog.

Nicholas Day’s service dog has been trained to help his owner live with PTSD. Thus, he is covered by the Americans with Disabilities Act. This means they have the right to check into every hotel—even those with a no-pets policy. This is one of the many things that makes them different from ESAs.

We hope Day doesn’t have to go through this complicated and hurtful situation ever again. With every article we write, we try to dispell the confusion between service dogs and emotional support dogs. They’re different animals with different jobs and different rights.

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