Does Wisconsin Recognize Emotional Support Animals?
Yes, emotional support animal Wisconsin equal rights law offers some level of broad protection for ESAs.
Wisconsin also follows federal laws like the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and the Air Carrier Access Act (ACAA) that give rights to service animals, psychiatric service animals, and emotional support animals in housing, employment, and air travel.
What are the Emotional Support Animal Wisconsin Laws?
Wisconsin, equal rights laws, allow people with disabilities an equal opportunity when it comes to housing, employment, and access to public places.
These laws require ESAs to be allowed in specific scenarios with reasonable accommodations after making an accommodation request.
The state laws protect emotional support animal owners from discrimination and unfair practices by requiring reasonable accommodations to allow an ESA in scenarios like housing and certain public places.
What are Wisconsin ESA Housing Laws?
The emotional support animal Wisconsin state laws largely mirror the Federal Fair Housing Act.
Their laws require housing providers to allow ESAs with reasonable accommodations, including changes in the pet policy, waiver of pet fees and deposits, and allowing any breed to be an ESA in the building.
A landlord cannot deny nor restrict a person based on their need for an ESA and must allow them in most cases. There are specific scenarios where a landlord may deny an ESA, including when the animal damages property or is a threat to the safety of those around it.
If you feel a denial was unjustified, the path to filing a complaint is here.
What are Wisconsin ESA Employment Laws?
Under the ADA, service animals must be allowed in the workplace.
Service animals are trained to do specific tasks thus helping disabled persons perform major life activities. This would include guide dogs and dogs trained to alert the handler of danger.
However, there are no emotional support animals Wisconsin regulations. ESAs are not protected under the ADA, and businesses are not required to allow employees to have an ESA accompany them at work.
What are Wisconsin ESA Travel Laws?
There are no specific emotional support animal Wisconsin laws. The state follows the laws set forth by the federal government regarding ESAs during travel.
The Air Carrier Access Act is a federal law that requires airlines to permit trained service animals. Most airlines only recognize service dogs as service animals, although miniature horses can also be trained service animals. However, these laws do not protect ESA owners.
This means it is now up to the airlines to determine whether or not to allow ESAs on their flights, and all of the major airlines in the United States have updated their animal policy to no longer allow ESAs.
Anyone flying with an emotional support animal is required to reserve them as a regular pet and pay the required pet fees and abide by the animal specifications and restrictions set by each airline.
What are Wisconsin ESA Public Transportation Laws?
There are no specific emotional support animal Wisconsin laws regarding public transportation. The only laws addressing public transportation are laid out in the Americans with Disabilities Act and only address service animals and psychiatric service dogs.
How do You Get an Emotional Support Animal in Wisconsin?
To get an ESA in Wisconsin, you must contact a licensed mental health professional (LMHP). To do this, you can go the traditional route and see a health care professional in person.
They will be able to refer you to an LMHP like a therapist, psychologist, or psychiatrist who can diagnose you with a qualifying emotional or mental disability like obsessive-compulsive disorder, panic attacks, or anxiety.
Once a diagnosis has been made, an LMHP can write an ESA letter addressing the disability-related need of the animal. This letter will be written on professional letterhead and include the LMHP’s medical license number and contact information.
Having an ESA does not require certification. Be aware of scams that claim to “register” or ”certify” your animal as an ESA because there is no registration or certification for ESAs. Any place making this claim is illegitimate, and the letter you receive from them will not qualify your animal as an ESA.
The therapist will meet with you over the computer, and the process will be the same from there. They will diagnose you if a mental illness if your symptoms qualify and write a letter if they deem it to be a good therapeutic route.
Who can Write an ESA letter in Wisconsin?
Under emotional support animal Wisconsin rules, licensed health practitioners, mental health professionals, and licensed social workers are the only people qualified to write an emotional support animal letter.
Do I Have to Tell My Landlord I Have an Emotional Support Animal in Wisconsin?
Yes, according to emotional support animal Wisconsin laws, you must inform the landlord of your ESA.
The landlord has the right to require supporting information regarding the ESA so that he may ask for specific forms confirming the animal is necessary. This form will be the ESA letter your LMHP had written for you.
Can a Landlord Deny an Emotional Support Animal Wisconsin?
Yes, based on emotional support animal Wisconsin regulations, landlords are allowed to deny ESAs in some cases.
For example, the landlord can deny an ESA if the animal “would impose an undue financial and administrative burden, if it would fundamentally alter the essential nature of the housing provider’s services, or if the specific assistance animal poses a direct threat to the health or safety of others.”
Can a Landlord Charge a Pet Deposit for an Emotional Support Animal in Wisconsin?
No, under the federal Fair Housing Act, it is illegal for a landlord to require a tenant to pay a pet deposit or pet fee for an emotional support animal.
They can, however, charge a tenant for damages caused by the animal and may be able to charge more for a security deposit.
Can You Have Multiple Emotional Support Animals in Wisconsin?
Yes, you can have multiple ESAs in Wisconsin. There are no emotional support animal Wisconsin limits regarding the number of ESAs or the type of animal the ESA must be.
However, each animal must provide aid to a disability-related need, and an emotional support animal letter must be written for each animal.