If you’re unsure about the difference between service dogs and emotional support dogs, you’re not alone. Many people confuse these two types of assistance animals, but they serve distinct purposes and have different legal rights and responsibilities.

While both types of dogs play essential roles in supporting individuals with disabilities, they are not the same. Service dogs undergo specialized training to perform specific tasks for their handlers, while emotional support dogs provide comfort and companionship to alleviate symptoms of emotional or mental health challenges.

Service Dogs: Definition, Rights and Registration

Definition

People with a service dog should be able to explain what tasks their dog is trained to do, unless it’s already clear or known by DSS-DHS staff why the service dog is needed. You don’t have to share personal details about their disability or show how the dog performs its tasks. This helps protect your privacy while confirming the dog’s purpose.

A service animal must do one or more specific job for their handler, aka the person with a disability whom they assist. Examples include but not limited to:

• Assist with Wheelchair Transfers.
• Alert to Smoke/Fire Alarm.
• Alerting to Seizures.
• Reminding a person with mental illness to take prescribed medications
  

Rights

In the United States, the key laws that grant rights to service dogs and their handlers include the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Air Carrier Access Act (ACAA).

Public Access Rights (ADA)

Service dogs are allowed in public places where the general public is allowed to go, including restaurants, stores, schools, hotels, and more.

Businesses may not require documentation or proof of training. However, they can ask:

1. Is the dog a service animal required because of a disability?
2. What task(s) is the dog trained to perform?

A service dog can be excluded if it is out of control, not housebroken, or poses a direct threat to health or safety.

Housing Rights (FHA)

Landlords and housing providers must allow service dogs, even if their property has a "no pets" policy. They cannot charge pet fees or deposits for service dogs. A landlord may request proof of disability and the need for a service dog if the disability is not apparent.

Air Travel Rights (ACAA)

Airlines must allow service dogs to accompany their handlers in the cabin free of charge. Airlines can request a form attesting to the dog’s training, behavior, and health. Emotional support animals (ESAs) no longer qualify as service animals under this law. If a service dog is too large to fit at the handler's feet, airlines must try to accommodate the handler without additional charges (e.g., reseating them).

Registration

Under the ADA, service animals are not required to be registered. There is no “official” service animal registry, and registrations issued by private companies do not provide any additional rights. Neither the ADA nor the Department of Justice recognizes registration as valid proof of a dog’s status as a service animal. Some individuals may choose to register their service dogs through private companies to obtain documentation that appears official. While this paperwork is not legally required, it can occasionally help avoid unnecessary confrontations or discrimination if the legitimacy of the person’s disability is questioned unlawfully.

Regardless of registration, all service dogs must comply with local licensing and vaccination requirements, just like any other dog in the area.

Emotional Support Dogs: Definition, Rights and Registration

According to the U.S. Department of Housing and Urban Development (HUD), Emotional Support Animals (ESAs) are a type of assistance animal that provides emotional support alleviating one or more symptoms of a person's disability.

"Although all dogs offer an emotional connection with their owner, to legally be considered an emotional support dog, also called an emotional support animal (ESA), the pet needs to be prescribed by a licensed mental health professional to a person with a disabling mental illness. A therapist, psychologist, or psychiatrist must determine that the presence of the animal is needed for the mental health of the patient. For example, owning a pet might ease a person’s anxiety or give them a focus in life. The dogs can be of any age and any breed."

Rights

Emotional support dogs (ESDs) have fewer legal rights compared to service dogs because they are not trained to perform specific tasks related to a disability. However, they do have some protections under specific U.S. laws, primarily related to housing and, previously, air travel

Housing Rights (Fair Housing Act - FHA)

Landlords must make reasonable accommodations for emotional support animals, even in properties with "no pets" policies. Landlords cannot charge pet fees or deposits for emotional support animals, but the owner is responsible for damages caused by the animal. A landlord can request documentation from a licensed healthcare provider stating the need for the emotional support animal due to a disability.

Air Travel (Air Carrier Access Act - ACAA)

Emotional support animals are no longer recognized as service animals under the ACAA. Airlines are no longer required to accommodate emotional support animals in the cabin. ESDs can still fly as pets if the airline allows, but the owner must follow the airline’s pet policies, including fees and size restrictions.

Public Access (Americans with Disabilities Act - ADA)

Emotional support dogs do not have the same public access rights as service dogs. They are not allowed in public places where pets are typically prohibited, such as restaurants, stores, or other businesses.

Registration

Emotional support animals (ESAs) do not require official registration, and documents from private registries offer no legal rights. The only necessary documentation is a letter from a licensed mental health professional confirming your need for an ESA, often required by housing providers to waive pet rules or fees.

In summary, both emotional support dogs and service dogs provide essential benefits to individuals with disabilities, but their roles and rights differ significantly. Service dogs are trained to perform specific tasks that directly assist with a disability, granting them broad public access rights under the ADA. In contrast, emotional support dogs offer comfort through their presence and are primarily protected under housing laws, with no public access rights. While both serve vital roles, service dogs undergo specialized training, whereas emotional support dogs do not require it. Understanding these distinctions ensures proper recognition and adherence to their respective legal protections.