Can an Emotional Support Animal live on on-base military housing if they are named on the banned dog breed list?

Maiah Faapouli — Sat, 11 Aug 2018 23:35:20 -0400

My husband and I have an American Staffordshire Terrier and he is an emotional support dog. He is switching from Reserves to Active and will be getting orders soon and this will be our first time living on post. Will our dog be able to live on post with us although he is a pitbull but under the exception that he is an ESA? Just trying to see if any one has owned a pitbull while living on post or if we will have to make alternative accommodations and possibly live off post. Thanks!

Response by SSgt Private RallyPoint Member made Aug 11 at 2018 11:46 PM

SSgt Private RallyPoint Member — Sat, 11 Aug 2018 23:46:17 -0400

Here's what I found:

"While only dogs are considered service animals under the ADA (and some accommodations may be required for the use of some miniature horses), the Fair Housing Act has no such restriction. While the ADA does not include emotional support animals, the FHA does. Some housing providers will be subject to the ADA, such as government owned housing. Some will be subject to the FHA, such as most landlords with more than four units. Some will be subject to both, and some to neither. Wherever the FHA applies, common domestic species are included as assistance animals, but where the ADA applies, only dogs are. Where both apply the FHA multiple species policy applies."

It appears that government housing is not required to provide accommodations for emotional support animals, but they may be willing to make an exception.

Source:
https://usaservicedogregistration.com/housing-laws-service-emotional-support-animals/

Of course a common loophole I've heard of is people just saying their dog is a mutt, not a purebred.

Housing Laws for Service Animals and Emotional Support Animals

Housing laws protecting your service animal or emotional support animal fall under one of three federal laws, Fair Housing Act, ADA Act 1990 and Rehab Act.

Response by MSgt Steven Holt, NRP, CCEMT-P made Aug 12 at 2018 3:42 PM

MSgt Steven Holt, NRP, CCEMT-P — Sun, 12 Aug 2018 15:42:18 -0400

I don't think ESA's are protected like certified service animals are. Rules are always changing for them though. Best advice I can offer is to contact your new installation's housing office and see what their official policies are. Worst case, you might have to find a residence off post.

Response by A1C Javier Garcon made Apr 12 at 2021 12:21 PM

A1C Javier Garcon — Mon, 12 Apr 2021 12:21:22 -0400

You have a case! Like in a court of law if a judge from previous case rules in favor of a previous law then the new judge needs to favor the old judge and respect the old judge's rules or consider it that it was a rightful choice, overall the directors choice to not penalize service animals is clear in this letter at military housing. You can use this as a template even though it is not the same location it is the same profession. Also, they made a good call because they grandfathered in the previous tenants. https://stopbsl.org/2010/05/27/lincoln-military-housing-seven-breeds-banned/

Lincoln Military Housing: Seven breeds banned

Thanks to a Facebook member for this information! Contact Lincoln Military Housing managers through their website at May 25, 2010 RE: Dog Breed Restrictions Dear Residents of Lincoln Military Housi…

Response by Rosa Beck made Oct 5 at 2022 5:07 PM

Rosa Beck — Wed, 05 Oct 2022 17:07:10 -0400

It is best to know the rules of the place where you will be staying. Depending on their laws, you will know if you can take your emotional support dog to your new place of residence. Generally, by law, you have the right to be everywhere with your emotional support animal. You can find answers to many questions about ESA at https://www.esaregistration.org/faq/ . I have a suspicion of a mild form of depression. In my case, the best way to prevent it from developing would be to get a dog that provides therapeutic value. Fortunately, emotional support animals do not require specialized training.

Frequently Asked Questions | ESARA

The ESA Registration of America offers quick and easy online services for emotional support animals. Click for more details on how to register your pet.

Response by Jouicy Lara made Dec 29 at 2022 4:31 AM

Jouicy Lara — Thu, 29 Dec 2022 04:31:08 -0500

The Fair Housing Act Emotional Support Animal protects individuals with ESAs. If an animal helps an individual with mental or emotional illness, as per the Fair Housing Act, they can rightly keep their emotional Support Animal in a rental housing Authority. The Emotional Support Animal can be of any breed, size, and weight. you can check more here : https://fastesaletter.com/emotional-support-animals-the-fair-housing-act/

Just a moment...

Response by CSM Darieus ZaGara made Jan 4 at 2023 6:09 AM

CSM Darieus ZaGara — Wed, 04 Jan 2023 06:09:33 -0500

You have received sone great advice. Follow the policy. One thing you left open was who’s dog it is. It cannot be for both of you. As for a Soldier he cannot bring an ESD to work, training, or combat.

An exception to policy may require medical verification. Just like when flying the ADA requires the psychiatrists general statement that you are in need of a service dogs support. It does not account for most airlines regarding ESD. There are some confusing language associated with the difference and training required. It’s muddy don’t wait and don’t lie about the breed as you may be evicted once found out.

Military housing is further complicated because there are two separate set of rules.

If you are reassigned later as a Family to Germany you would not be allowed the dog period based on the breed. This is a broader issue than you may realize.

Not trying to give you further concern, just making you aware that it is not as simple as saying you need the ESD, there are broader implication and should be thought through if possible.

Is it your or his.