Service dog, therapy dog, or emotional support animal: what the law says
People use these terms interchangeably. The law does not. Here is what each one means, where each may go, and what housing providers may and may not ask.
Service dog
Under the Americans with Disabilities Act, a service animal is a dog that is individually trained to do work or perform tasks for a person with a disability (28 CFR § 36.104). The tasks must relate directly to the disability. For someone with a spinal cord injury, that might mean retrieving dropped items, opening doors, or pressing elevator buttons. Comfort or companionship alone does not count as a task.
A service dog may go anywhere the public may go, including restaurants, stores, hospitals, and public transit. Staff may ask only two questions: is the dog required because of a disability, and what task has it been trained to perform? They may not ask for documentation, a demonstration, or a vest. No federal certification or registry exists, and online "registrations" have no legal weight.
A business may ask that the dog be removed if it is out of control and the handler does not correct it, or if it is not housebroken.
Emotional support animal (ESA)
An ESA is an animal whose presence helps a person with a disability. It needs no task training, and a letter from a health-care professional who knows the person usually documents the need for it.
ESAs have no public-access rights under the ADA. Since 2021, airlines are no longer required to accept them either. Their protection is in housing: under the Fair Housing Act, a housing provider must make a reasonable accommodation for an ESA, even in a building with a no-pet or weight rule. That covers most housing, including rentals, co-ops, and condos. It is not limited to renters.
Therapy dog
A therapy dog visits hospitals, rehab centers, schools, and care homes with its owner to comfort other people. Organizations such as Pet Partners and Alliance of Therapy Dogs evaluate and register therapy teams, and facilities decide which teams they admit. Therapy dogs have no special public-access or housing rights. Away from a visit, a therapy dog is a pet.
Side by side
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In New York
New York State and New York City human rights laws also protect people with disabilities who use service animals and support animals in housing and public places, and in some respects they go further than federal law. If a building or business refuses you, the NYC Commission on Human Rights takes complaints.
This guide is general information, not legal advice.