Under the ADA, a service animal has been defined as an animal that “has been individually trained to do work or perform tasks for an individual with a disability.” The tasks performed by the animal must be directly related to the person’s disability. This means that the pet must be trained to take specific action when needed to assist the person’s disability.
The emotional support animal, also known as a therapy or companion animal, are not considered service animals under the ADA. These terms are used to describe animals that provide comfort just by being with the person. That said, the vast majority of requests are not supported by evidence of a service animal, but that of an emotional support animal based on some kind of other disability.
These “invisible” disabilities include a wide variety of emotional issues such as depression, anxiety, chemical dependency, and other illnesses.
It is legal to require some kind of credible information from a professional to support the need for the emotional support animal.
When confronted with this situation, take the time to carefully evaluate the source of the recommendation or prescription and to follow up to determine other facts. Keep in mind, however, you may not inquire as to what the disability is, only that the tenant declares that they have a disability. Any further questioning or probing may result in unwanted legal action from the tenant or prospective tenant.