The Air Carrier Access Act
The law
The clearest answer in this whole area, and the one most often reported incorrectly.
What happened in 2021
The Department of Transportation revised its Air Carrier Access Act regulations so that airlines are no longer required to treat emotional support animals as service animals. A service animal for air travel is a dog individually trained to do work or perform tasks for a person with a disability. That is it.
What that means now
- An emotional support animal travels under the airline pet policy: carrier size limits, fees, and usually a cabin quota per flight.
- Airlines may require the DOT service animal air transportation form in advance for a trained service dog, and a relief attestation on long flights.
- An airline may refuse a service animal that is out of control, not housebroken, or a direct threat.
- An airline may require the animal to fit within the handler foot space and not obstruct the aisle.
Why housing is different
Different statute. Air travel runs on the Air Carrier Access Act; housing runs on the Fair Housing Act, which contains no training or species restriction of its own. The 2021 change had no effect on housing. The May 2026 HUD change did, and it moved housing enforcement toward the same trained-animal test the airlines have used since 2021.
Anyone selling a letter that claims to get an animal into a cabin as a service animal is selling something that stopped working five years ago, and attesting falsely on a federal form is a considerably more serious matter than an argument with a landlord.
Common questions
- Can I still fly with my emotional support animal?
- As a pet, under the airline own rules and fees, subject to size and quota limits.
- Do any airlines still accept ESAs?
- Some carriers have their own policies, and those are commercial choices rather than obligations, so they change without notice. Check with the airline for the specific flight rather than relying on anything written about it.