Massachusetts and
Emotional Support Animals

Massachusetts ESA Laws

Massachusetts provides strong ESA protections through the federal Fair Housing Act and Massachusetts Fair Housing Law (MGL c.151B). The Massachusetts Commission Against Discrimination (MCAD) enforces housing discrimination complaints, including wrongful denial of ESA accommodations. Massachusetts does not have a state-specific ESA fraud statute. MGL c.151B broadly defines disability and provides robust protections for tenants requiring ESAs as reasonable accommodations.

Overview of ESA Laws in Massachusetts

Massachusetts provides strong protections for emotional support animals (ESAs) through the federal Fair Housing Act (FHA) and the Massachusetts Fair Housing Law (MGL c.151B). The Massachusetts Commission Against Discrimination (MCAD) is the primary state agency responsible for investigating housing discrimination complaints, including wrongful denials of ESA accommodation requests. While Massachusetts has not enacted ESA-specific legislation, the state's broad definition of disability under c.151B provides robust protections for ESA owners.

Federal Fair Housing Act Protections

Under the FHA (42 U.S.C. §§ 3601–3619), housing providers in Massachusetts must make reasonable accommodations for individuals with disabilities who require an ESA. Key protections include:

• Landlords cannot deny housing or charge pet fees/deposits for a verified ESA
• Breed, size, and weight restrictions do not apply to ESAs
• "No pets" policies must be waived for tenants with valid ESA documentation
• Landlords may request reliable documentation of the disability-related need

Massachusetts Fair Housing Law (MGL c.151B)

Massachusetts General Laws Chapter 151B is one of the most protective fair housing laws in the country. Key provisions for ESA owners include:

• Section 4(7) prohibits housing discrimination based on disability, including mental health conditions
• Massachusetts defines disability more broadly than the federal ADA, potentially covering more individuals
• Housing providers must engage in an interactive process to evaluate reasonable accommodation requests
• The MCAD investigates complaints and has the authority to hold public hearings and award damages
• Complaints must be filed within 300 days of the alleged discriminatory act
• Remedies may include compensatory damages, emotional distress damages, injunctive relief, and civil penalties

Boston and Municipal Protections

The City of Boston and several other Massachusetts municipalities have their own fair housing enforcement agencies that may provide additional avenues for filing ESA-related discrimination complaints. The Boston Fair Housing Commission investigates complaints within city limits.

ESA Letter Requirements in Massachusetts

To qualify for ESA protections in Massachusetts, tenants must obtain an ESA letter from a licensed mental health professional (LMHP). The letter must:

• Be written on the provider's professional letterhead
• Confirm the tenant has a recognized mental health disability under the DSM-5
• State that the ESA provides therapeutic benefit related to the disability
• Include the provider's license number, state of licensure, and signature
• Be dated within the past 12 months

Housing Rights and Landlord Obligations

Massachusetts landlords must follow both the FHA and MGL c.151B when evaluating ESA requests. A landlord may:

• Request documentation if the disability is not readily apparent
• Verify the legitimacy of the ESA letter with the issuing provider
• Deny a request only if the animal poses a direct threat to safety or would cause substantial property damage

Landlords cannot:

• Charge pet rent, pet deposits, or pet fees for an ESA
• Require specific training or certification for the ESA
• Impose breed or weight restrictions on an ESA
• Demand to know the tenant's specific diagnosis
• Retaliate against a tenant for requesting an ESA accommodation
• Refuse to engage in the interactive process when a request is made

ESA Fraud in Massachusetts

Massachusetts does not have a state-specific ESA fraud statute. However, misrepresenting an animal as an ESA or providing fraudulent documentation could be prosecuted under Massachusetts's general fraud laws. The MCAD and HUD's 2020 guidance provide frameworks for housing providers to evaluate the legitimacy of ESA documentation.

ESA vs. Service Animals in Massachusetts

Massachusetts law distinguishes between ESAs and service animals, with notably broader service animal definitions than federal law:

• Service animals under the ADA are limited to dogs trained for specific tasks; however, Massachusetts law (MGL c.129 § 39F) extends public access protections to guide dogs, hearing dogs, and service dogs
• ESAs provide emotional comfort through companionship and are protected primarily in housing under the FHA and MGL c.151B
• ESAs do not have public access rights to restaurants, stores, or other public accommodations
• Massachusetts penalizes service animal fraud under MGL c.129 § 39F but this does not extend to ESAs

Air Travel with ESAs

As of January 2021, the U.S. Department of Transportation (DOT) revised its ACAA rules. Airlines are no longer required to accommodate ESAs in the cabin. Most major airlines now treat ESAs as regular pets, subject to standard pet fees and carrier requirements. Only trained psychiatric service dogs retain the right to fly in the cabin at no additional charge.

How to Get an ESA Letter in Massachusetts

Massachusetts residents can obtain a legitimate ESA letter by:

1. Consulting with a licensed mental health professional (psychologist, psychiatrist, licensed clinical social worker, or licensed mental health counselor)
2. Undergoing a clinical evaluation to determine if you have a qualifying mental health condition
3. Receiving a signed ESA letter if the provider determines an ESA would benefit your treatment

Key Statutes and References

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Massachusetts Fair Housing Law — MGL c.151B, § 4(7)
• Massachusetts Service Animal Law — MGL c.129 § 39F
• HUD Reasonable Accommodation Guidance — FHEO-2020-01
• DOT Final Rule on Traveling by Air with Service Animals — 14 CFR Part 382 (2021)