Does Indiana Allow Emotional Support Animals?
Yes, based on emotional support animal Indiana federal laws, ESAs are recognized. In addition to federal, there are emotional support animal Indiana laws protecting people with disabilities that also loosely pertain to emotional support animals.
What are the Emotional Support Animal Indiana Laws?
There are no specific emotional support animal Indiana state laws directly addressing emotional support animals, but it does have laws prohibiting discrimination against people with disabilities.
Beyond this, Indiana follows federal laws such as the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and the Air Carrier Access Act (ACAA), which address ESAs, service dogs, and those with disabilities in housing, public places, and travel.
What are Indiana ESA Housing Laws?
Under emotional support animal Indiana state and federal law, housing providers are required to allow ESAs and are only allowed to ask two questions regarding the disability.
First, does the person seeking to use and live with the animal have a disability (a physical or mental impairment that substantially limits one or more major life activities)? Second, does the person making the request have a disability-related need for an assistance animal?
Aside from this, landlords are not allowed to require a pet deposit or charge a pet fee and cannot restrict an ESA owner based on the breed of the animal, even if the building has a no-pet policy.
However, landlords are allowed to deny an ESA if the ESA is a direct threat to the safety of others or causes significant financial harm.
What are Indiana ESA Employment Laws?
Emotional support animals Indiana laws do not protect ESAs at the workplace.
Instead, businesses are allowed to choose whether or not they will enable an employee to have an ESA at work on a case-by-case basis. Under the ADA, however, they are not allowed to inquire about the disability the ESA aids in treating, even if they allow someone to have an ESA.
What are Indiana ESA Travel Laws?
There are no emotional support animal Indiana laws regarding air travel. Still, the Air Carrier Access Act (ACAA), a federal law that addresses service animals and ESAs, was updated in 2020 to allow airlines to choose whether to enable ESAs on their flights.
Since then, every major airline in the United States has changed its pet policies to require ESA owners to abide by the rules and restrictions they have for pets rather than service dogs. Understanding an airline’s animal policy is essential as each airline has different rules.
What are Indiana ESA Public Transportation Laws?
Based on emotional support animal Indiana laws, ESAs are prohibited from public transportation.
Service dogs that are protected under the ADA have special training that allows them to perform specific tasks associated with a person’s physical or mental disability.
Emotional support animals are not required to receive training of this type, so they are not permitted to be on public transportation.
How do I Qualify for an Emotional Support Animal in Indiana?
Wondering how to get an emotional support animal? Well, to get an ESA in Indiana, you must have a qualifying mental or emotional disability. This can include anxiety, post-traumatic stress disorder, or panic attacks, but it must be officially diagnosed by a licensed mental health professional (LMHP).
To do this, you can go the traditional route and see a medical doctor to receive a referral to an LMHP, such as a therapist, psychologist, or psychiatrist who can diagnose you.
Once this diagnosis is made, an ESA must be determined to provide therapeutic benefits for your mental or emotional well-being. An emotional support animal letter will then be written by the LMHP.
You can also do it via telehealth visits through sites like certapet.com, which will match you with a therapist without having to see a medical doctor first. This therapist can then diagnose you with a qualifying mental illness and write an ESA letter.
Be aware of scam sites out there providing illegitimate ESA letters. These are generally easy to spot as they tend to use words like “certify” and “register.” There is no certification or registration for ESAs, so any site telling you otherwise will provide you with a fake letter that will not hold up in court.
Do I Have to Tell My Landlord I Have an Emotional Support Animal in Indiana?
Yes, you need to inform your landlord of your emotional support animal.
The landlord can require the ESA letter your LMHP had written for you beforehand as proof the animal is an ESA. Without this, there may be legal ramifications for ESA owners who fail to inform their landlords of the ESA.
Do Landlords Have to Accept Emotional Support Animals in Indiana?
According to the Federal Fair Housing Act, landlords must make reasonable accommodations for ESAs.
They are allowed to require an ESA letter, but they are prohibited from discriminating against people with disability and must provide them with an equal opportunity for housing.
A reasonable accommodation is defined as “a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling.”
This means a landlord is not allowed to charge pet fees and pet deposits, enforce breed restrictions, or prevent someone from living in their building just because they have an ESA.
Can You Have Multiple Emotional Support Animals in Indiana?
Yes, emotional support animal Indiana laws do not limit the number of ESAs an owner can have.
Each animal is required to aid in treating a person’s disability and is to have an emotional support animal addressing the disability-related need of the animal.