Delaware’s Laws & Regulations for Assistance Animals are as follows:
Acceptance
Housing
Delaware housing providers must follow the federal Fair Housing Act (FHA), requiring reasonable accommodations for assistance animals—including ESAs, PSAs, and Service Animals—when properly documented. Delaware law also protects individuals with disabilities under the Delaware Fair Housing Act, ensuring accessible housing options statewide.
Air Travel
All flights to or from Delaware airports follow the Air Carrier Access Act (ACAA). Only trained service dogs qualify as Service Animals for air travel. ESAs must travel under airline pet policies. DOT Service Animal forms may be required for travel via nearby major airports such as Philadelphia (PHL), Baltimore (BWI), or Salisbury (SBY).
Public Access
Delaware public access rules follow the Americans with Disabilities Act (ADA). Only trained Service Dogs (including psychiatric service dogs) must be allowed in restaurants, hotels, shops, government buildings, schools, transportation, and medical facilities. ESAs are not considered Service Animals and do not have public-access rights under ADA or state law.
Additional Notes
- ADA (public access): Only task-trained dogs qualify as Service Animals; ESAs do not qualify under ADA.
- ACAA (air travel): Airlines accept trained Service Dogs; ESAs are transported as pets.
- FHA (housing): Assistance animals—including ESAs—may be allowed in housing with proper documentation.
- Delaware Fair Housing Act: Reinforces protections for individuals with disabilities statewide.
- Recognition Gear: Strongly recommended to minimize questions in public interactions.
Applicable Laws
Emotional Support Animals (ESA):
Recognized for housing rights under FHA and state protections; no ADA public-access rights.
Psychiatric Support Animals (PSA):
PSAs qualify as Service Animals only when task-trained; otherwise treated as ESAs.
Service Animals:
Fully recognized under ADA, ACAA, FHA, and Delaware state law.