Emotional Support Animals in Hawai’i
WHAT YOU SHOULD KNOW
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If you are experiencing symptoms consistent with a mental health condition, you may qualify for an ESA letter in Hawai’i after you have completed an ESA evaluation. Below are some mental health conditions that may qualify for an ESA letter:
Anxiety
Depression
Panic Attacks
ADHD
Learning Disorders
OCD
Phobias
PTSD
Acute Stress Disorder
Eating Disorders
Personality Disorders
Bipolar Disorders
Sexual Disorders
Developmental disorders
Schizophrenia
Autism Spectrum Disorder
Mood Related Disorders
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If you are experiencing distress related to your mental health or other concerns, an Emotional Support Animal may be the evaluation for you. These are a few benefits:
The no-pet policies held by landlords will not be applicable to you, the ESA letter holder, or your emotional support animal in the state of Hawai’i
With an ESA letter, landlords are not able to deny an emotional support animal based on factors that include size, weight, and/or breed of animal.
As a tenant who holds an ESA letter, you will not typically be required to pay any pet deposit or any additional fees
As a tenant, you are able to have more than one ESA and landlords are not legally able to evict you based on the number of ESAs you have.
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ONLY licensed mental healthcare professionals are able to write and issue an ESA letter:
Licensed Clinical Psychologist
Licensed Behavioral Therapist
Licensed Addiction Therapist
Licensed Psychiatrist
Licensed Marriage and Family Therapist
Licensed Counselor
Licensed Clinical Social Worker
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The United States Department of Housing and Urban Development (HUD) introduced the Fair Housing Act (FHA) to prevent discrimination. These protect the equal rights of getting fair accommodation opportunities for those who are experiencing issues related to their mental health who need an emotional support animal. More specifically, landlords are not allowed to restrict your emotional support animal or impose added charges based on the animal’s breed, size, or eight. Sometimes pets can be aggressive, damage property, or harm someone, and if that is the case, per these protections, the landlord has the right to give their tenants a 10-day notice to vacate.
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Our great state of Hawai’i has identified the incredibly valuable role of Emotional Support Animals to promote individual’s psychological health and wellness and have passed specific laws, in addition to the federal regulations, for the protection of Emotional Support Animals in Hawai’i.
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Although the rights under the ADA law protect those with service animals in the work environment, this does not apply for Emotional Support Animals. Therefore, employers have no legal obligation to allow you to bring your ESA to work.
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If you are a college student in need of an ESA, this type of evaluation may be right for you. However, certain restrictions typically apply to ESAs on campus:
ESAs are not allowed in the academic buildings or cafeteria
With an ESA, you can only live in a single-person room
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Due to recent changes in laws, unlike service animals, ESAs no longer hold the privilege to fly for free. In fact, after January 2021, airlines no have the authority to deny your ESA letter or require your ESA to travel in a carrier since they are no longer covered by the Air Carrier Access Act (ACAA)