Short answer
ESA protections are strongest in housing. Unlike service animals, ESAs don't have automatic access to businesses, restaurants, hotels, or stores - those venues treat ESAs as pets unless state law or the business says otherwise.
Housing is where ESA protections are strongest
ESA protections are strongest in housing. Even there, since HUD's 2025-2026 changes, how a request is handled depends more on the property and your state.
Businesses, restaurants, hotels and stores
Under the Americans with Disabilities Act, a service animal is a dog individually trained to do work or perform tasks for a person with a disability. An ESA isn't one, so it has no ADA right to enter stores, restaurants, hotels or other public places. Those venues treat ESAs as pets unless state law or the business says otherwise. Ask the business before you go. See ESA laws by state.
Flying
Since January 11, 2021, U.S. airlines may treat ESAs as pets. Can I fly with my ESA?
General information, not legal advice. Last reviewed: November 13, 2026.
