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Emotional Support Animal Nebraska: Current Laws & FAQs
Updated on
- Written by Dr. Nicolette Natale, DO
Medically reviewed by
Dr. Maya Frankfurt, PhD
Emotional support animals (ESAs) play a vital role in providing comfort, companionship, and therapeutic benefits to individuals with mental disabilities or emotional trauma. From dogs to cats, birds to miniature horses, these animals offer invaluable support to those struggling with conditions like anxiety, depression, and post-traumatic stress disorder (PTSD).
If you are considering getting an emotional support animal in Nebraska, it’s essential to understand the laws and regulations surrounding their ownership and access. In this article, we will explore the specific protections provided by federal and state laws, travel regulations, employment laws, housing rights, and the process of obtaining an ESA letter.
Emotional Support Animal Nebraska: The Laws
- Emotional support animals[1] are not considered service animals in Nebraska.
- Emotional support animals are not recognized or protected by state laws in Nebraska .
- In general, emotional support animal accommodations in Nebraska are typically limited to housing.
- The Fair Housing Act (FHA)[2] requires housing providers to make reasonable accommodations for people with disabilities, including allowing them to live with their ESAs, even in properties that have no-pets policies.
- There are many pet-friendly places in Nebraska where you can take your emotional support animal.
Emotional Support Animal In Nebraska (ESA): What Exactly Are They?
Before delving into the laws and regulations, the difference between service animals and emotional support animals must be clear.
Emotional support animals provide therapeutic support to individuals with emotional disabilities or mental trauma. They do not require specific training and can be various types of animals, including dogs, cats, birds, and miniature horses. While emotional support animals are not granted public access rights, they are protected by laws such as the FHA. If specifically prescribed by a licensed mental health professional, you can have more than one emotional support animal.
On the other hand, service animals, typically dogs, undergo specialized training to perform specific tasks that assist individuals with various disabilities, both physical and psychiatric.. Tasks can range from guiding individuals with visual impairments to alerting individuals with epilepsy of impending seizures. Service animals are granted public access rights and are allowed in spaces where other animals, including emotional support animals, may not be permitted.
Emotional Support Animals: Do Nebraska Recognize Them?
Emotional support animals are not recognized[3] or protected in Nebraska by state laws, but housing accommodations may be made under the Fair Housing Act, which is a federal law. This means your landlord may accommodate your request for an emotional support animal for your lease or rental agreement on a case-by-case basis.
Emotional Support Animal Laws In Nebraska
Housing Laws
In Nebraska, the FHA provides specific protections for individuals with disabilities who require assistance animals, including emotional support animals. Landlords can request an ESA letter when individuals seek accommodations for their service animal. However, housing facilities inquiries are limited to determining if the person has a disability and a disability-related need for an assistance animal.
Under the FHA, landlords cannot apply breed, size, or weight limitations to assistance animals. Lease or rental agreements that include a “no pets” provision do not apply to emotional support animals, and landlords cannot charge additional fees or deposits for their presence.
Animals other than dogs can also qualify as assistance animals. Landlords may request documentation of the disability-related need if it is not obvious, but they cannot base their decision on speculation about the animal’s behavior. However, landlords expect tenants to adhere to general rules and responsibilities, such as picking up animal waste and maintaining the unit.
Travel Laws
In the past, emotional support animals were allowed to travel in the cabin of airplanes under the Air Carrier Access Act (ACAA). However, recent modifications to the ACAA[4] now only protect service animals, excluding emotional support animals from cabin travel. Some airlines may still permit emotional support animals to travel as carry-on items if they meet weight and dimension requirements. In such cases, the animal must be stored in a pet-safe carrier under the passenger’s seat.
Alternatively, if your emotional support animal is a dog, consider having it trained as a psychiatric service animal (PSA). Psychiatric service dogs are specially trained to perform tasks that alleviate the distress caused by mental health disorders such as PTSD, depression, and anxiety. These dogs are classified as service animals and can travel in the airplane cabin free of charge under the ACAA. However, airlines may require passengers to complete a form regarding their animal’s training and behavior before travel.
Employment Laws
While the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in employment, emotional support animals are not covered under this law. However, in Nebraska, individuals with an ESA letter may request to bring their emotional support animals into the workplace as a reasonable accommodation. Each request is evaluated on a case-by-case basis, and employers have the discretion to approve or deny the request.
It’s important to note that Nebraska’s civil rights law grants public access rights to service animals but does not extend the same equal access to emotional support animals in public spaces.
Getting Emotional Support Animal In Nebraska: How To Do It?
The process of obtaining an emotional support animal in Nebraska is relatively straightforward. If you are seeking housing accommodation, it all boils down to how to get an ESA letter.
First, individuals should speak with a mental health professional to assess their situation. This can be completed by checking in with your current mental health provider. If the individual and their animal qualify, they can proceed with the registration process and obtain an ESA letter. This letter is essential, as many landlords require it as documentation for housing accommodations.
If you are not currently under the care of a mental health provider, you can seek out certain online services that connect people with mental health disorders to mental health providers who can provide an ESA letter. Companies like Certapet offer a streamlined process for individuals to register their emotional support animals and connect with mental health professionals. The website provides step-by-step instructions and ensures that individuals only pay if a mental health professional approves their request.
Here are some of the best legitimate ESA providers. You can also check out Certapet reviews here to learn more about their easy-to-access process.
Can A Landlord Refuse An ESA In Nebraska?
Under the FHA, a person can be denied access to a service dog under specific conditions. These include the request being made by or on behalf of a non-disabled person or the lack of disability-related need for the ESA. Also, if providing the modification causes an extreme financial and managerial burden on the landlord, or if it fundamentally changes the housing provider’s program the landlord can deny an ESA.
Places In Nebraska To Bring Emotional Support Animal
There are plenty of pet-friendly places to bring your therapy animal in Nebraska. This includes restaurants and bars, dog parks, and coffee shops. We will explore the best places to take your ESA below.
Restaurants And Bars In Nebraska
- Zio’s in Omaha.
- Granite City Food and Brewery in Lincoln.
- The Oven in Lincoln.
- Lazlo’s Brewery and Grill in Lincoln.
- Pals Brewing in North Platte.
- Nite Owl in Omaha.
- Barchen Beer Garden in Omaha.
- Rathskeller Bier Haus in Omaha.
- Angus Burgers and Shakes in Kearney.
- Jake’s Cigars & Spirits in Lincoln.
Parks For Dog In Nebraska
- Ta-ha-zouka Dog Park in Norfolk.
- Dog Island in Grand Island.
- Hanscom Dog Park in Omaha.
- Roper East Dog Run in Lincoln.
- Platte River Park Louisville.
- RIckman’s Run/Holmes Lake Dog Park in Lincoln.
Coffee Shops In Nebraska
- Baristas Coffeehouse in Grand Isle.
- The Hub Cafe in Lincoln.
- Zen Coffee Company in Omaha.
- Archetype Coffee in Omaha.
- The Mill Coffee and Tea in Lincoln.
Conclusion
Emotional support animals provide invaluable support and companionship to individuals with mental disabilities or emotional trauma. However, they are not considered service animals or have public access rights. In Nebraska, individuals with emotional support animals have rights in housing accommodations, because the FHA, prohibits discrimination and requires reasonable accommodations.
While employment protections may vary, individuals can request accommodations in the workplace on an individual basis. Obtaining an ESA letter through a mental health professional or reputable organization allows individuals to navigate the legal landscape and enjoy the benefits of having an emotional support animal in Nebraska.
Frequently Asked Questions
No. Emotional support dogs are considered therapy animals, providing companionship and relief of mental health symptoms through their company alone. Service dogs are individually trained to perform specific tasks for individuals with a physical or mental impairment.
No. While some employers and public places may choose to accommodate emotional support animals, they are not required to do so by law.
No. Under current guidelines, ESAs are not considered service animals and are not legally protected for airline travel. Some airlines may allow you to bring your ESA in the cabin, but the animal is restricted by size and weight limitations.
Yes! Many dog parks, restaurants, bars, and coffee shops allow emotional support animals in Nebraska. Private clubs or secular services may not allow emotional support dogs. Public accommodation protections require that you can bring service dogs anywhere. It is always best to check with the location before bringing your ESA.
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- Uca.edu. (2014). Service Animal Information and Frequently Asked Questions — Office of Accessibility Resources and Services. [online] Available at: https://uca.edu/oars/faculty-resources/service-animals/.
- HUD.gov / U.S. Department of Housing and Urban Development (HUD). (2021). Assistance Animals. [online] Available at: https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals.
- Disabilityrightsnebraska.org. (2016). DRNE | Service Animal Resources. [online] Available at: https://www.disabilityrightsnebraska.org/resources/service-animals.html.
- Transportation.gov. (2020). U.S. Department of Transportation Announces Final Rule on Traveling by Air with Service Animals | US Department of Transportation. [online] Available at: https://www.transportation.gov/briefing-room/us-department-transportation-announces-final-rule-traveling-air-service-animals.
Written by:
Dr. Nicolette Natale, DO
Medically reviewed by:
Medically reviewed by:
