How to Get Your Emotional Support Animal in South Carolina Certified

South Carolina-ESA

Emotional Support Animals play a critical role in providing comfort and support to individuals grappling with various psychological conditions like PTSD and chronic depression, contributing significantly to maintaining a healthy mental state.

Despite the well-documented benefits, Emotional Support Animals in South Carolina do not have unlimited access to public accommodations. ESA owners may also face challenges when it comes to rental housing without the proper documentation for their animal. While state and federal laws safeguard the rights of ESA owners, obtaining a certification letter is essential. Landlords and owners of public facilities are obligated to comply with these laws, facing penalties if they fail to do so.

For those seeking certification for their Emotional Support Animal in South Carolina, American Service Pets offers much needed assistance. Say goodbye to concerns about pet deposits and additional fees, and find out if you qualify for an ESA certification letter now with our simple quiz.

Key Benefits of an Emotional Support Animal

While Emotional Support Animals are traditionally dogs, they can actually be any type of animal. They are certified therapeutic companions that can assist their owners through various symptoms of psychological and emotional trauma. The benefits an ESA can have on mental and physical health include:

Relief from Emotional Distress

Individuals use Emotional Support Animals to find relief from depression, anxiety, panic attacks, and other emotional challenges that may be associated with mental illness. ESAs have an inherent ability to provide calm and comfort without the need for formal training.

Natural Medicine

Western medicine often relies on drug prescriptions to treat conditions like depression, anxiety, PTSD, and other mental health disorders. However, nowadays people may be looking for drug-free forms of treatment. Emotional Support Animals serve as this natural “medication” in the treatment of mental disorders.

Relief from Loneliness

Emotional Support Animals serve as faithful furry companions. The simple act of owning a pet not only enhances mood, but it also significantly reduces feelings of loneliness. Plus, ESAs can be effective conversation starters at the beach or park or during a walk on a trail.

American Service Pets offers relief for those struggling with their mental health in the form of an ESA certification letter. Find out if you qualify today.

Laws Surrounding Emotional Support Animals in South Carolina

While Emotional Support Animals play crucial roles as essential friends and travel companions for their owners, it’s important to note that they cannot perform life-saving tasks or provide assistance to disabled individuals in the same way Psychiatric Service Animals can. As a result, ESAs and PSAs are granted slightly different rights under state and federal law.

Official ESAs receive some legal protection, but uncertified animals in South Carolina have no such rights. To qualify as an official ESA, the paperwork must include approval from a licensed doctor or other licensed mental health provider in South Carolina and is generally applicable nationwide. However, variations in state regulations exist, so it’s advisable to check the specific requirements before any travel. The following are laws pertaining to Emotional Support Animals in South Carolina:

Housing Laws

In South Carolina, a landlord is not legally allowed to evict a tenant, impose a pet deposit, or charge additional fees simply based on the ownership of an Emotional Support Animal, regardless of existing pet policies. Landlords do have the right to request the ESA certification letter for additional information. It’s also important to note that, even with proper certification, a tenant may still be declined housing if the ESA is deemed to cause an “undue financial burden.”

The meaning of undue financial burden can vary in South Carolina, but it can include:

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

Please be aware that misrepresentation of a pet as a support or service animal in the state of South Carolina is a crime. Offenders can be charged up to $250 for the first offense, up to $500 for the second offense, and up to $1000 for the third and subsequent offenses. Failure to appear in court for such offenses could lead to a formal arrest.

South Carolina-ESA

Public Access

Emotional Support Animals do not have the same public access rights as Psychiatric Service Animals under state or federal law. When it comes to ESAs, the venue owner has the final say. There are parks and public accommodations out there that may permit animals, but if you are unsure, you should call ahead to see if you can bring your ESA before leaving your house.

Workplace Laws

Employers in South Carolina are not obligated to permit comfort animals in the workplace, even if the employee possesses a certification letter. However, individuals may consider seeking approval if they can provide a valid Emotional Support Animal certification letter.

South Carolina-ESA
South Carolina-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 provide a simple three-step process to ESA letters in South Carolina 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), South Carolina has its own state laws that protect individuals with disabilities and their rights to use service animals to assist them.

Definition of a "Service Animal"

A service animal is defined in South Carolina as “an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.” This can include hearing dogs, guide dogs, psychiatric service animals, seizure alert animals, and allergen alert animals.

What is considered a disability in the state?

South Carolina defers to the ADA when it comes to the definition of disability, which says an individual is disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, or hearing).

What animals qualify as a service animal?

Under the ADA, only dogs and miniature horses qualify as 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. It is illegal to intentionally misrepresent an animal as a service animal or service animal-in-training. It is a penalty of up to $250 for the first offense, up to $500 for the second offense, and up to $1000 for the third and subsequent offenses. Failure to appear in court for any of these offenses can lead to a formal arrest.

Do state laws provide coverage for service animals in training?

In South Carolina, state law allows for a service dog in-training the same rights to enter a place of public accommodation.

Do state laws provide coverage for Emotional Support Animals?

No, emotional support animals are not covered under state or federal law due to the fact that they are not task-trained like 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?

South Carolina defers to the ADA for the definition of public accommodations, which is extremely broad. Generally, public accommodations are private businesses or non-profit organizations that are open to the public. They include stores, restaurants and bars, recreational places like theaters and gyms, services like barbershops, medical facilities, hotels, and private educational facilities.

Can a public establishment question a service animal?

To protect the privacy of an individual with a disability, establishments may only ask 1) Is this a service dog? and 2) What has it been trained to do?

Are there any exceptions to public accommodations allowances?

Yes, religious organizations and private clubs are not covered by the ADA. It is up to the discretion of these establishments to allow service animals and emotional support animals. However, if a private club regularly makes its facilities available to the public, they may qualify as a public accommodation. In terms of qualified public accommodations, a service animal may be removed or barred if it presents a threat to the health and safety of other patrons, it is not housebroken, or it is out of control. In a case where a service aimal has been removed or denied, the handler is still allowed access to the facility in question.

What are the rules regarding service animals on public transportation?

Service animals are allowed on all common carriers, types of transportation, and public conveyances, including buses, taxis, trains, and boats.

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

No vests, markings, or documentation are required for an animal to qualify as a service animal according to the law. However, Disability Rights South Carolina (DRSC) has an information card that users may print and carry with them with more information about their rights as a service animal handler.

Are there laws about service animals in the workplace?

Employers are required to provide reasonable accommodations (including the use of a service animal) to an employee or job applicant with a disability, unless doing so would cause undue hardship for the employer.

Are service animals allowed access to healthcare facilities?

Yes, medical facilities are included in covered public accommodations. However, service animals may be barred from accessing sterile areas within medical facilities, such as operating rooms or burn units.

Are there penalties for public places that refuse service animals?

Yes. In South Carolina it is a crime to interfere with the right of a person with a service animal to enter a place of public accommodation. South Carolina also generally prohibits disability discrimination in housing and use of public accommodations and services, allowing disabled individuals the right to sue for up to $5000 in damages, plus attorney fees and costs.

South Carolina 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?

Both the U.S. Fair Housing Act (FHA) and South Carolina Fair Housing Law make it illegal for a landlord to bar individuals with disabilities from having an animal assist them in an apartment or other type of housing. You have the right to request a reasonable accommodation for your animal. A landlord, in turn, has the right to request a statement from a healthcare provider expressing the need for the assistance animal.

Am I liable for damage caused by my service animal?

Yes. While a landlord can not charge extra “pet rent,” you may be liable for any damage caused to the property beyond normal wear and tear.

Do housing laws extend to ESAs?

Yes, state housing laws and the FHA cover “assistance animals,” which includes both service dogs and emotional support animals.

FAQ
Discrimination Complaints

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

For public accommodations discrimination, you should contact the South Carolina Human Affairs Commission (SCHAC) and fill out a Non-Employment Initial Intake Questionnaire. For discrimination in employment situations you can also contact the SCHAC by calling 803-737-7800 (toll-free: 1-800-521-0725), emailing information@schac.state.sc.us, or filling out the form on the SCHAC website. You also have 180 days to file an employment-related complaint.

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 been discriminated against in a housing situation, you should contact the South Carolina Human Affairs Commission (SCHAC) by calling 803-737-7800 (toll-free: 1-800-521-0725), emailing information@schac.state.sc.us, or filling out the form on the SCHAC website.

How to Get Certified for an Emotional Support Animal in South Carolina

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

Fill Out the Questionnaire

Fill out the qualification questionnaire on our website to determine if you meet the criteria for an ESA letter. This step takes only a few minutes!

Get a Doctor's Approval

American Service Pets gives you the power to decide whether you want to file with your own doctor or other licensed mental health provider or with one in our network for approval and authorization. Our network of doctor or other licensed mental health providers is available around the clock. In most cases, they will quickly provide approval and your ESA letter via email.

Add Your Pet to the National Directory

Adding your pet to the national directory creates an online profile showing your pet’s status and ESA letter. This is an important part of the certification process.

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

The American Service Pets Advantage

There are over 45,000 Americans who have certified their pets with American Service Pets. Here’s what makes us a leader in providing support and service animal letters: 

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

Our straightforward process can soothe 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 Certification

Ensure that the pet providing you with comfort and peace of mind is never refused. Begin your journey as the owner of an Emotional Support Animal in South Carolina by filling out our brief questionnaire. If you qualify, you could be approved in minutes!

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.