ESA Updates in 2020: All Major Changes Thus Far

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By: Rita Cunha Updated: December 4, 2020

emotional support animal laws 2020

We’re over halfway done with 2020 and so far a lot has happened in the world of emotional support animals. All in all, it’s been an exciting and unexpected six months. So much so that it’s hard keeping track of every single change affecting ESAs!

That changes now. Today, we’re going on a trip down memory lane and looking at all the major ESA law changes that have happened from January to July 2020. Come join us!

Retailers Say Goodbye to Emotional Support Animals

Early in January, many of the largest retailers in the country put in place no-ESA policies. Walmart, Macy’s, Sephora, and Barnes & Noble led the push for animal-free stores. The only exception made is for service animals, who have been trained to assist physically disabled owners.

Now, bringing an ESA into a store is a big no-no. Staff will likely escort you out. The changes happened due to concern over public health and overall customer safety. It’s highly unlikely any of these retailers will roll back this policy.

ESA Air Transportation Laws Could Be Under Attack

At the beginning of the year, an air carrier lobbying group started pushing for changes to ESA travel laws. Its goal was to make it harder for emotional support animals to travel on commercial flights. Instead of accompanying their owner in the cabin, they would have to travel in the cargo and pay a pet fee.

The proposed change was made available to the public so that anyone could comment on it. A decision should have come around in April. However, partly due to the coronavirus, no policy change was announced. Thus, the Air Carrier Access Act still stands.

Despite there being no change, it’s still important to remember that ESA travel rights are being challenged. Many airlines and lobbying groups see no point in flying ESAs free of charge in the cabin. We could see coming changes in the law next year.

Clearer Guidelines for ESAs and Housing Are Published

Right when 2020 began, the U.S. Department of Housing and Development (HUD) cleared up the air concerning ESAs in rented properties. There had been much confusion over what rights ESAs had and what a landlord could or couldn’t do.

Now that these guidelines are public, there is little doubt about it. Emotional support animals can live with their owner in most rental units free of charge. This still applies if there is a no-pets policy in the building.

Thankfully, this means the Fair Housing Act has been strengthened. ESA owners can rest assured their rights are being protected.

Florida Bites Back at Fake Support Animals

Before the Florida Legislative Session ended in March, lawmakers pushed for stricter ESA laws. A bill passed in the state Congress and was approved by the governor. It makes misrepresenting pets as ESAs or service animals a misdemeanor offense. Those who break the law will do community work and may also be fined. There is also punishment for companies printing fake ESA letters for their clients.

Missouri Welcomes Stricter ESA Laws

At around the mid-year point, Missouri governor signed off on a bill cracking down on fake ESAs. It will become law on August 28th and make it much harder for pet owners to pass off their pets as ESAs. Anyone caught misrepresenting their animal companion will be charged with a misdemeanor and may even be fined.

CertaPet’s Thoughts on This Year’s News Thus Far

There have been a number of significant changes to ESA laws in just the past six months alone. Many of the changes are promising for ESA owners, while others mean ESA owners must be more aware than ever when it comes to what their emotional support animal’s rights are. That’s one of the reasons we always try to keep you up to date with the latest happenings here at CertaPet.

We know how important your ESA is to you and to others. They can help people with mental and emotional disabilities live a healthier and more fuller life.

If you don’t have an ESA yet and need some emotional support, start by taking our 5-minute pre-screening test for free. We’ll put you in touch with a licensed mental health professional. They’ll have a consultation with you and, if you qualify, issue your ESA letter. You could be holding a new furry friend in no time!


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