How to Get Certified for an Emotional Support Animal in Delaware

Delaware-ESA

Within Delaware, there are important regulations in place to protect Emotional Support Animals (ESAs), although not everyone may fully endorse them. For a number of Americans, four-legged companions provide invaluable emotional support to navigate the challenges in life. However, it is important to note that introducing an uncertified animal into a rental property can result in eviction, accompanied by significant fees and penalties.

Landlords must comply with both state and federal regulations regarding these support animals. Failure to do so may lead to legal consequences and financial penalties. It’s worth noting that while an Emotional Support Animal in Delaware does not possess the same privileges as a Psychiatric Service Animal (PSA), they are still safeguarded against discrimination in housing by the federal Fair Housing Act.

American Service Pets is here to help provide pet owners with the necessary certification to rent a home, travel, and enjoy public access with their support or service animals. Say goodbye to concerns about charges like “pet rent.” Learn whether you meet the criteria for an Emotional Support Animal in Delaware by taking our simple quiz.

The Importance of Emotional Support Animals

State and federal governments support ESAs as a right for people who struggle with psychological trauma. Emotional Support Animals can be a wide range of critters that bring comfort and support, from birds to turtles and other reptiles. On the other hand, Psychiatric Service Animals are almost exclusively dogs because they are highly trainable.

Emotional Support Animals provide physical and psychological benefits to their owners that may be hard to function without. These benefits include:

Mood Booster

When you care for something you love, you get a natural boost of the mood lifters serotonin and dopamine. The outside stimulus of a pet can break through the negative thoughts clouding people struggling with depression. A beloved pet can make us smile and feel less alone.

Natural Remedy

An increasing number of Americans are searching for natural ways to stay healthy and treat ailments without drugs. Emotional Support Animals can serve as a form of holistic treatment for conditions like anxiety, stress, and depression. Caring for an animal also promotes outdoor activity, which is another natural way to combat mental health challenges.

A Source of Comfort

There are times when interpersonal issues like relationships, financial struggles, and health concerns can be overwhelming. Studies have shown that simply cuddling with a pet you love reduces heart rate, blood pressure, and stress.

Many people are dependent on the support provided by their furry companion. Find out if you qualify for an Emotional Support Animal in Delaware in just a few minutes.

Laws Governing Emotional Support Animals in Delaware

Emotional Support Animals serve as friends, confidants, and traveling companions. However, they cannot perform life-saving tasks or assist disabled individuals in the same manner that Psychiatric Service Animals can. Emotional Support Animals and PSAs serve similar but distinctly different purposes and as a result are granted similar but different rights by state and federal governments.

Official ESAs are afforded some protection under the law, but there are no rights for uncertified animals in Delaware. To get an official letter that can be used throughout the country, you must have the approval of a licensed Delaware doctor or other licensed mental health provider. Keep in mind that different states may have varying stipulations, so make sure you check before doing any traveling. Here are the laws relevant to individuals with an Emotional Support Animal in Delaware:

Housing Laws

Landlords are prohibited from turning down anyone for having an ESA, per the federal Fair Housing Act. This applies in apartments, houses, public housing units, and condos. Pet rent increases or deposits cannot be applied to ESAs, and landlords must allow these animals on their properties unless they cause an “undue financial burden.”

Undue financial burden can have a variety of definitions in Delaware, including:

  • Property damage
  • Threat to any other tenants
  • Homeowner allergies
Delaware-ESA

Delaware landlords have the right to ask for your ESA letter. Though there is not currently a law on the books related to presenting fraudulent documents for an Emotional Support Animal in Delaware, doing so is still unethical and could land you in hot water with your landlord.

Delaware-ESA

Public Access

Delaware does not guarantee access to public accommodations for Emotional Support Animals. At the end of the day, the venue owner has the final say. Your area probably has dog parks and public places that will allow ESAs, but it is a good idea to call ahead to ensure you can bring your furry friend before leaving home.

Workplace Laws

Employers in Delaware are not legally obligated to allow Emotional Support Animals in their facilities. Presenting an ESA letter to a lenient employer could sway them to allow your ESA to accompany you at work, provided the animal is well-behaved, quiet, and housebroken.

Delaware-ESA
Delaware-ESA

Travel Laws

Emotional Support Animals are no longer allowed in the cabin during air travel. Public transportation services such as buses, trains, and railways are under no legal obligation to board ESAs. Some rideshare companies such as Uber and Lyft have less stringent policies, but you have to check ahead of time. 

American Service Pets is proud to offer a simple three-step process to provide the paperwork for owners of Emotional Support Animals in Delaware needing the support of their pets.

FAQ
The Basics

Does the state have its own laws in addition to federal legislature?

Yes. In addition to following the federal Americans with Disabilities Act (ADA), Delaware has its own Equal Accommodations Law.

Definition of a "Service Animal"

Delaware defines “service animal” as “a dog individually trained to do work or perform taks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” The ADA definition is similar and covers a wide variety of service animals, including guide dogs, hearing dogs, psychiatric service animals, and seizure and allergen alert animals.

What is considered a disability in the state?

Delaware defines “person with a disability” similarly to the ADA, which is a peron who has a physical or mental impairment which substantially limits 1 or more major life activities. (Individuals who are on record of or regarded as having an impairment may also be considered disabled.)

What animals qualify as a service animal?

Delaware law specifically refers to dogs, but the ADA covers dogs and trained miniature horses.

Are there penalties for falsly claiming or implying (such as with a service animal harness), that one's animal is a service animal?

Delaware does not currently have a law in place criminalizing the falsification of a service dog.

Do state laws provide coverage for service animals in training?

Yes, Delaware allows individuals training service animals to be accompanied by said animal in places of public accommodation.

Do state laws provide coverage for Emotional Support Animals?

Neither Delaware nor the ADA cover emotional support animals, as they are not trained in the same manner as service animals.

FAQ
Public Accommodations & Travel with a Service Animal

What counts as a "public accommodation" in the state? Ie. Where are service dogs allowed?

Both the ADA and Delaware provide broad definitions for what counts as a public accommodation. Delaware specifically says that public accommodations are “any establishment which caters to or offers goods, services, facilities, privileges, advantages, or accommodations to, or solicits patronage from, the general public, including state agencies, local government agencies, and state-funded agencies performing public functions.” The law notes that this definition also includes establishments like hotels or motels that cater to the “transient public.” However, state law does not apply to the “sale or rental of houses, housing units, apartments, rooming houses, or other dwellings, nor to tourist homes with less than 10 rental units.”

Can a public establishment question a service animal?

Under the ADA, public accommodations may only ask whether or not an animal is a service animal and what task(s) it performs.

Are there any exceptions to public accommodations allowances?

Religious organizations are not covered as public accommodations under Delaware law or the ADA. In terms of qualified public accommodations, service animals may be removed or denied access if they are not housebroken, out of control, or causing an immediate threat to other patrons. Delaware’s White Cane Law also notes this along with the fact that you may have to pay fees for any damage a service animal causes.

What are the rules regarding service animals on public transportation?

Under the ADA, service animals are allowed on all forms of public transportation and terminals, depots, and stations.

Are there laws about service animals in the workplace?

Having a service animal in the workplace counts as a reasonable accommodation. Therefore, employees are allowed to request a reasonable accommodation for their service dog that provides aid for their disability.

Are service animals allowed access to healthcare facilities?

Service animals are generally allowed in areas of healthcare facilities that the general public is permitted, such as patient rooms or waiting areas. However, they may be barred from sterile environments, such as operating rooms or burn units.

Are there penalties for public places that refuse service animals?

Intentionally interfering, obstructing, or intimidating a service animal or otherwise jeopardizing the safety of the animal or handler is guilty of a class B misdemeanor per Delaware law. It is also a violation of the law to apply eligibility criteria for entrance that excludes individuals with disabilities or to fail to make reasonable modifications to allow individuals with disabilities equal access.

Delaware follows the Air Carrier Access Act (ACAA), which defines a service animal as a dog (regardless of breed or size) trained to do work or perform tasks to assist a qualified individual with a diability, and may include psychiatric service dogs. Minature horses are excluded in this definition.

How do airlines determine what qualifies as a service animal?

Airlines can require a passenger to provide a U.S. Department of Transportation (DOT) form attesting to the animal’s health, behavior, and training and a U.S. DOT form attesting that the animal can either not relieve itself or can relieve itself in a sanitary manner (if the animal will be on a flight that is 8 or more hours).

Are service animals in-training covered by this law?

The ACAA does not address service animals in-training, so airlines are not required to carry them as they do not meet the requirements of an ACAA-defined service animal. However, airlines can make their own individual policies.

FAQ
Housing Law

What are the state's laws regarding housing and service animals?

Delaware’s White Cane Law requires landlords to allow guide dogs for the blind or visually impaired. The state’s Fair Housing Law covers all other types of service animals. Landlords must make reasonable accommodations for those with disabilities.

Am I liable for damage caused by my service animal?

Yes. Although you may not be charged extra for a service animal, you may have to pay for damage caused by the animal.

Do housing laws extend to ESAs?

Yes. Under the federal Fair Housing Act, both ESAs and service animals are covered.

FAQ
Discrimination Complaints

How can I file a complaint for not being allowed in a public accommodation with my service dog?

If you have been denied access to a public accommodation with your service animal, you should contact the Delaware Division of Human & Civil Rights. You can file a complaint online by completing an Equal Accommodations Discrimination Questionnaire. You can also contact the office toll free at 877-544-8626. Be aware that you have 180 days from the date of the alleged incident to file a complaint with the state.

How can I file a complaint for not being allowed to have my service dog in housing (or for being forced to pay a fee to a landlord)?

If you believe you have been discriminated against when it comes to housing, you should contact the Delaware Division of Human & Civil Rights. You can file a complaint online with the DHCR’s Housing Discrimination Questionnaire, or you can call the office toll free at 877-544-8626. You have one year from the date of the alleged discriminatory event to file a complaint.

How to Secure Your Certification for an Emotional Support Animal in Delaware

American Service Pets provides you with a quick and easy process to certification for your Emotional Support Animal. Just follow these simple steps:

Take the Test

Start by filling out the American Service Pets questionnaire online. Doing so will allow you to determine if you meet the criteria for an ESA letter in under half an hour.

Get Approved

With American Service Pets, you can choose to submit your file to your own doctor or other licensed mental health provider or connect with one in our network for approval. Our dedicated network of doctor or other licensed mental health providers is available 24/7, and most requests are approved quickly and emailed to you.

Register Your Pet

Adding your pet to the national directory is an important step in the ESA certification process. It creates an online profile that displays your pet’s status and ESA letter.

About 95% of candidates meet the criteria for an ESA letter. Get yours with American Service Pets today. 

Benefits of American Service Pets

Over 45,000 pet owners have trusted American Service Pets to help them certify their Emotional Support Animals. Here’s why we’re the service you need:

How To Get Your Emotional Support Animal Letter in Wisconsin with American Service Pets

Our simple process puts worries about being separated from your animal or being punished for having one to rest. Take our brief online questionnaire now to get started.

Trusted Nationwide for Emotional Support Animal Certification

You don’t have to put up with aggravations from people who don’t understand the health benefits of a human/pet connection. American Service Pets helps people register their animal as an Emotional Support Animal in Delaware. Now you can set aside concerns about rental housing or extra fees for having an ESA.

Take our test today, and you can get your pet certified for an ESA letter in just a few minutes with American Service Pets. 

Disclaimer: We would like to emphasize that while the terms “certification” or “registration” may be used in relation to Emotional Support Animals, there is no official certification process for ESAs or any form of ESA registry as of this date. As such, the use of these terms should not be interpreted as legally recognized designations by government or regulatory authorities. Remember, ESAs can provide a valuable source of comfort and support, but their recognition relies on proper documentation from a healthcare professional and adherence to relevant laws and guidelines.

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