Emotional Support Animal MN: Guide To Minnesota Laws 2024

Minnesota recognizes the need for emotional support animals (ESAs), animals that provide treatment in the form of emotional support for people with mental and emotional disabilities. Like other U.S states, Minnesota has to abide by federal laws that protect ESAs and their owners, however, there are ESA laws that are specific to Minnesota.

This article will explain what ESAs are, who they support, the difference between ESAs and service animals, and Minnesota laws for bringing ESAs with you to work, home, and travel.

Emotional Support Animal MN: Laws You Should Know

Employment Laws In Minnesota

Under the Minnesota Human Rights Act^[1], employers are obliged to provide reasonable accommodations^[2] for people with disabilities. This may include allowing their employees to bring their ESA to work. While employees have the right to ask for this accommodation, there is  no guarantee they will get it.

An employer is not obligated to provide the exact accommodations an employee may ask for. For example, if another, similar accommodation is more amenable to the employer, and would still allow the employee to do their job, the employer may offer this instead of allowing an ESA.

Additionally, regardless of how effective an ESA would be at accommodating an individual in need, an employer may deny the request if the animal could be disruptive in the workplace. This disruption could be in the form of harm to other employees, destruction to the office, health risks, or noise disturbances. 

An employer may also request documentation that supports the need for an ESA, such as proof of a mental or emotional disability or an ESA letter. Learn how to get an ESA letter.

Housing Laws (Fair Housing Act) In Minnesota

Under the Fair Housing Act, a federal law, landlords cannot discriminate against individuals who wish to live with their ESAs. Minnesota also has laws that offer similar protection.

Under the Minnesota Human Rights Act, landlords^[3] cannot request any pet fees for ESAs, such as pet deposits or additional monthly rent, and no-pet policies cannot apply to ESAs.

However, a landlord can request documentation that supports the need for an ESA (or multiple ESAs). Additionally, a landlord can deny a request to bring an ESA into the property if the animal causes an “undue burden,” such as endangering other tenants, causing damage to the building or the property of others, or creating a financial burden to the landlord.

Travel

The Air Carrier Access Act formally allowed ESAs to travel with their owners in airplane cabins during flight travel, with no additional fee. However, in recent years, the policies have changed, and now ESAs are treated as pets, with their owners having to incur a pet fee for traveling with them. This is federal policy^[4] and applies to all states, including Minnesota.

Additionally, not all animals are allowed to fly with their owners, even with a fee. Each airline has their own policy for allowing animals to fly and what their pet fee is. Airlines have the right to deny ESAs travel on their flights. Before arranging your travel plans, call the airline you plan to use and ask them what their policy is for ESAs.

Emotional Support Animals (ESA): What You Need To Know

The term “emotional support animal” is quite broad in that, any animal can be an emotional support animal (bird, fish, dog, cat, miniature horse), and there is no specific task it must perform other than providing emotional support (a subjective term) to its owner as a form of treatment for an emotional, psychiatric or mental disability.

In other words, an ESA can be an ESA if the owner feels it is necessary for their emotional well-being, and if a licensed mental health professional signs off on it. The mental health professional must agree that the animal’s role in the person’s life will aid in the treatment of their condition.

An ESA is similar to a companion animal, however, an ESA must have a valid emotional support animal letter from a licensed mental health professional (LMHP) in order to be considered an ESA. An ESA should not be confused with a service animal^[5], which is specifically trained to perform tasks, such as retrieving items for people who cannot walk, or guiding the visually impaired.

Emotional Support Animal Vs. Service Animal: How Do Service Animals Differ?

ESAs are not the same as service animals. While both help their owners, they do so in different capacities. An ESA is prescribed by a LMHP to provide emotional support for a person with a mental or emotional disability.

A service animal is especially trained to perform specific tasks for someone with a physical or sensory disability, such as alerting people when their owner has a seizure or working as a seeing-eye dog for visually impaired individuals.

How To Qualify For An Emotional Support Animal In Minnesota?

Similar to other U.S. states, Minnesota requires that you have a qualifying mental or emotional disability, as decided by a LMHP. Additionally, the LMHP must deem an ESA necessary to alleviate or mitigate symptoms related to your condition, such as providing a sense of purpose for someone with depression, or tranquility for someone suffering from panic attacks.

A person’s disability will help the LMHP determine whether an ESA is necessary for treatment. Some mental or emotional conditions that may qualify someone for an ESA are:

• Anxiety.
• Panic attacks.
• Depression.
• Post traumatic stress disorder.
• Attention-deficit hyperactivity disorder.
• Obsessive compulsive disorder.

Although a person may have one or more of these diagnoses, it is still up to the LMHP to determine if an ESA is suitable for their treatment. If the LMHP deems it suitable, they can write an ESA letter, which will designate  the animal as an ESA. If the LMHP feels additional ESAs are needed, a person can have more ESAs.

ESA Letter In Minnesota: How To Get It?

Getting an ESA letter is a relatively straightforward process. You need to meet with a LMHP who can evaluate your case. If they agree that an ESA would help your symptoms, they can write you an ESA letter.

If you do not have a LMHP you can go to Certapet review which is a great place to start. Certapet is one of the best legitimate ESA sites that can pair you with a LMHP who can discuss your need for an ESA with you.

Once you meet with a LMHP and your diagnosis is confirmed, and if they feel that having an ESA would be beneficial to your treatment, they can write you an ESA letter that explains your need for an ESA. Keep this letter with you for verification for housing, work, and travel accommodations.

The Landlords’ Capabilities Relating To ESA

Landlords have an obligation to allow ESAs in a place of residence without imposing pet fees, however, landlords also have obligations to the building and other tenants.

For example, under the Minnesota Human Rights Act, landlords are not allowed to ask for pet fees, and must allow ESAs to live with their owners. The exception being, a landlord can deny a request for an ESA if the animal is menacing or poses a danger to other tenants or the property.

Landlords are also entitled to ask for documentation that supports the need for an ESA, such as an ESA letter.

Animal-Friendly Places In Minnesota To Bring Your ESA

Bars & Restaurants 

Many Minnesota bars and restaurants are pet-friendly, although they tend to specify “dog-friendly”, specifically. If you have another animal you’d like to bring to these establishments, just ask.

• Canal Park Brewing Company.
• Howe Daily Kitchen & Bar.
• Pizzeria Lola.
• Hai Hai.
• Indeed Brewing Company.
• Aster Cafe.

Parks

• Bloomington Dog Park.
• High Falls Trail.
• Clearly Lake Trail.
• Coon Rapids Loop.
• Blackstone.

Conclusion

ESAs can be a crucial aspect of a person’s recovery of and treatment for mental and emotional disabilities. ESAs can take the form of dogs, cats, birds, lizards, or any animal the owner prefers.

However, ESAs are not recognized the same way service dogs or other animals are. A service dog is trained to perform tasks for their owners and has more legal protection than an ESA.

Under Minnesota law, while employers and landlords cannot discriminate against ESAs, and often make accommodations for them with proper documentation, there are instances where ESAs may be denied access and other rights.

Most ESAs are welcome at pet-friendly bars, restaurants, and parks, but this, too, is at the discretion of the establishment owner.

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