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How to Get Your Emotional Support Animal in New Mexico Certified

New Mexico-ESA

Owning an Emotional Support Animal can be a valuable addition to someone’s life, providing important comfort and support, especially for those struggling with the challenges of emotional disorders. Pets play a vital role in helping individuals navigate hectic days while managing symptoms related to conditions such as PTSD, depression, bipolar disorder, and anxiety.

There are state and federal laws that exist to protect those who own an Emotional Support Animal in New Mexico, particularly from landlords. Landlords can legally evict tenants without proper credentials for their animals, but failing to adhere to ESA laws in New Mexico can result in substantial consequences.

American Service Pets facilitates the process for renters to obtain the necessary authorization for their Emotional Support Animals in New Mexico. Worry no more about pet deposits and additional fees, and find out if you qualify today with our simple quiz.

 

Three Benefits of Having an ESA

An Emotional Support Animal, typically a dog, is a therapeutic companion that assists its owner in navigating life’s challenges. In the United States, there are laws in place that safeguard the rights of individuals who struggle with mental impairments, ensuring they can retain their ESA in their rental home. These laws acknowledge the essential role ESAs play and the associated health benefits, such as:

Happiness Booster

Interacting with pets provides a natural emotional boost due to an increase in dopamine and serotonin. A beloved pet can make you smile and reduce feelings of loneliness.

Natural Treatment

Caring for a beloved animal not only brings joy, but also offers health advantages comparable to prescription depression medications, minus the associated risks. Emotional Support Animals serve as a natural therapy for various emotional disorder symptoms, contributing to improved physical well-being through encouraging outdoor play and activity.

Genuine Source of Support

Symptoms of emotional disorders have the potential to manifest at any time, and an Emotional Support Animal is there to help its owner during these times of need. Their presence can be a source of calm and a tension reducer.

Many Americans rely on their Emotional Support Animal as a source of comfort during difficult times. American Service Pets offers a simple path to certification for those with an Emotional Support Animal in New Mexico. Learn whether you qualify in just a few short minutes.

Laws Surrounding Emotional Support Animals in New Mexico

Emotional Support Animals offer a number of advantages, but they lack the training provided to official Psychiatric Service Animals. ESAs naturally provide emotional support and companionship, PSAs are trained to perform life-saving tasks and specialized duties for individuals with disabilities. Due to their distinct abilities, service animals and Emotional Support Animals are afforded separate rights under the law.

In the state of New Mexico, only animals with a valid ESA letter are granted legal rights. Although official ESA letters are recognized nationwide, it’s important to be aware that state laws can differ. It is always a good idea to conduct research before traveling to familiarize yourself with the specific regulations for ESA owners in that particular state. Here are some key laws in New Mexico:

Housing Laws

New Mexico landlords are prohibited from rejecting rental tenants, charging a pet deposit, or evicting someone due to owning an Emotional Support Animal. The rights of these owners are protected by the federal Fair Housing Act. Landlords do have the right to request an applicant’s ESA letter, but they cannot ask about proof of a diagnosis.

However, landlords maintain the discretion to refuse accommodation for a valid Emotional Support Animal in rental housing if the animal is deemed too large or untrained. Additionally, ESA owners are responsible for any damages caused by their animals to the rental property.

New Mexico-ESA

Please be aware that misrepresenting an animal as a support or service animal in order to obtain housing accommodations is a crime. In the state of New Mexico, this is a misdemeanor that can come with a fine of up to $1000 and potential jail time.

New Mexico-ESA

Public Access

Public establishments are not obligated to allow Emotional Support Animals. The regulations differ for Psychiatric Service Animals due to the fact that they undergo formal training to assist psychiatric patients. PSAs can help with handling incoming panic attacks, checking for intruders, and interrupting self-harming behavior.

Workplace Laws

The Americans with Disabilities Act (ADA) protects the rights of disabled individuals to utilize a service dog in their workplace. Emotional Support Animals, however, are not protected by the ADA. A sympathetic boss may be amenable to an official ESA letter though. 

New Mexico-ESA
New Mexico-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 proudly provides a simple three-step process to obtain a New Mexico ESA letter for owners 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), New Mexico has its own Service Animal Act that protects individuals with disabilities and their use of service animals.

Definition of a "Service Animal"

New Mexico’s laws define a service animal as a qualified dog or miniature horse that has been or is being trained to work or perform tasks for the benefit of an individual with a disability.

What is considered a disability in the state?

A disability is a physical or mental impairment that substantially limits one or more major life activities.

What animals qualify as a service animal?

Both the ADA and New Mexico allow dogs and miniature horses to be service animals.

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

Yes. According to New Mexico’s Service Animal Act, false representation of an animal as a qualified service animal is a misdemeanor that can come with a fine of up to $1000 and/or jail time.

Do state laws provide coverage for service animals in training?

Yes, the definition of service animals in New Mexico specifically includes dogs or miniature horse that are being trained to work or perform tasks for individuals with disabilities.

Do state laws provide coverage for Emotional Support Animals?

No, emotional support animals are not covered in the same way that service animals are due to the fact that they are not formally trained.

FAQ
Public Accommodations & Travel with a Service Animal

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

New Mexico’s definition of public accommodations includes all buildings and transportation that are open to the public. The ADA’s definition is similarly broad, but it goes into a bit more detail about locations that are included under the public accommodations umbrella. Under the ADA, public accommodations include: hotels and other lodging establishments; restaurants and other places that serve food and drink; service establishments; any place of public gathering, such as an auditorium or convention center; gyms, parks, zoos, bowling alleys, and other places of exercise or recreation; schools, libraries, museums, and other places where items are collected or displayed publicly; and social service centers.

Can a public establishment question a service animal?

If it is not obvious what tasks an animal has been trained to perform, an establishment may only ask whether the animal is a service animal required due to a disability and what task(s) the animal has been trained to perform.

Are there any exceptions to public accommodations allowances?

Both the ADA and New Mexico’s Service Animal Act allow qualified public accommodations to deny are remove a service animal if it is not housebroken, out of control, or posing a direct threat to the health and safety of other patrons. Even if a service animal is excluded, the disabled individual may still enter the establishment without it.

What are the rules regarding service animals on public transportation?

All common carriers or forms of public transportation are covered under the public accommodations umbrella under both New Mexico and federal law.

Are there any special measures you must take to have a service animal assisting you in public?

Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s tasks or the individual’s disabilities, in which case handlers should use an alternative method to control the animal, such as verbal commands. There is not a specific vest, ID tag, or harness that must be worn.

Are there laws about service animals in the workplace?

Individuals with service animals may request the use of their service animal in the workplace as a reasonable accommodation from their employer or prospective employer. Employers may ask for documentation stating how the animal will assist the individual with performing their job requirements. Generally employers must provide reasonable accommodations, unless they would cause undue financial hardship or change the fundamental nature of the business.

Are service animals allowed access to healthcare facilities?

Generally yes, service animals are allowed in areas of healthcare facilities that the public can access, such as waiting rooms, clinics, and examination rooms. They may, however, be barred from areas where the animal’s presence could compromise sterility, such as operating rooms or burn units.

Are there penalties for public places that refuse service animals?

A person who knowingly interferes with the work of a qualified service animal is guilty of a misdemeanor in New Mexico and may be ordered to pay restitution.

New Mexico 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?

New Mexico’s Human Rights Act and the federal Fair Housing Act (FHA) prohibit housing discriminiation based on disability, as long as the person’s disability is not related to his or her ability to rent or maintain the housing under consideration. Disabled individuals may request use of a service animal as a reasonable accommodation from their landlord or prospective landlord. The landlord or homeowner’s association may, in turn, request documentation from a doctor or mental health professional expressing the disability-related need for the animal to better evaluate the reasonable accommodation request.

Am I liable for damage caused by my service animal?

Yes. While you cannot be required to pay additional pet rent or deposits simply for having a service animal, you are liable for any damage the animal causes beyond normal wear and tear.

Do housing laws extend to ESAs?

Yes. ESAs are covered for protection in housing under the FHA.

FAQ
Discrimination Complaints

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

If you believe you have been discriminated against under the New Mexico Human Rights Act or the ADA, you may file a charge through the New Mexico Department of Workforce Solutions (DWS). In order to do so, you must fill out a Discrimination Inquiry Form within 300 days of the act of alleged discrimination. For assistance, you can also call 505-827-6838 (toll-free: 1-800-566-9471) or email human.rightsinfo@dws.nm.gov.

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 have faced discrimination in a housing accommodation in New Mexico, you can file a complaint through the New Mexico Department of Workforce Solutions (DWS) by filling out a Discrimination Inquiry Form within 300 days of the alleged act of discrimination. You can also file a complaint the with U.S. Department of Housing and Urban Development (HUD). To contact their Albuquerque Field Office, call 505-346-6463.

How to Get Certified for an Emotional Support Animal in New Mexico

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

Complete the Questionnaire

It takes just a few minutes to fill out the questionnaire on our site to help determine your eligibility for an Emotional Support Animal.

Get Approved by a Doctor

American Service Pets allows you to choose whether you want to file with your own doctor or with one in our network for approval. Approval is then emailed to you for ease of access.

Add Your Pet to the National Directory

Adding your pet to the national directory gives you a convenient online profile for your ESA that’s available for public view anytime it’s needed.

95% of our applicants qualify for an ESA letter. You can get yours with American Service Pets today.

The American Service Pets Advantage

American Service Pets has helped over 45,000 gain the necessary certification for their ESA or PSA. Here’s why we’re a trusted choice for your support or service animal needs: 

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

Our simple process alleviates worries about being separated from your animal or being punished for having one. Get started by taking our short online test.

Nationwide Experts in Emotional Support Animal Approval

Securing approval for your Emotional Support Animal can be the solution to rental housing challenges and various other issues when access to your companion is denied. American Service Pets assists pet owners in obtaining the necessary support for their Emotional Support Animals in New Mexico. 

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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