Arizona ESA Laws 2026: Housing Rights & ESA Letters

An emotional support animal, or ESA, is an essential part of life for many people who struggle with mental health conditions. It can be hard to know your state's ESA laws, especially if you’ve recently moved or are a new ESA owner. If you live in Arizona and feel that you would benefit from the presence of an emotional support animal, keep reading for a complete guide on Arizona emotional support animal laws.

Housing Rights for ESA Owners in Arizona: The HB 2068 Law

The Arizona Fair Housing Act is written into A.R.S. § 41-1491. Arizona House Bill 2068 (2025) updates the Arizona Fair Housing Act to include provisions for emotional support animals. According to the HB 2068 update, an assistance animal is defined as an animal that "works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person's disability.” It also defines a service animal as a dog or miniature horse that's individually trained to do work or perform tasks for a person with a disability.

HB 2068 also helped create A.R.S. § 41-1497.38, which shields landlords from liability for injury or damage caused by an assistance animal or service animal they allow as a reasonable accommodation. ESA owners are responsible for any damages the animal causes.

A separate 2018 statute addresses people who fraudulently claim their pet is a service animal. A.R.S. § 11-1024(K) makes it illegal to fraudulently misrepresent an animal as a service animal to a public place or business. Violators can face a civil penalty of up to $250 per violation — for example, for taking an ESA into a store and claiming it's a service dog.

Arizona's ESA rights don't depend on how the U.S. Department of Housing and Urban Development (HUD) chooses to enforce the federal Fair Housing Act (FHA). In May 2026, HUD rescinded its previous guidance on ESAs. But Arizona now has its own state laws protecting ESA owners' rights to live with their ESA.

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ESA Letters in Arizona

To obtain an emotional support animal letter in Arizona, you must connect with a licensed mental health professional who can determine if you are eligible for an emotional support animal.

To obtain an emotional support animal letter in Arizona, you must connect with a licensed mental health professional who can determine if you are eligible for an emotional support animal.

According to HB 2068, people requesting ESA accommodations must submit reliable documentation of the disability and the need for the assistance animal. The documentation is to be in writing and describe the need for an ESA. Pettable's legitimate ESA letter process with a licensed mental health professional (LMHP) can provide the documentation you need to prove your need for an ESA.

How the Fair Housing Act Applies in Arizona

On May 13, 2025, Arizona's governor signed HB 2068, effective September 26, 2025. It amended A.R.S. § 41-1491 and created A.R.S. § 41-1497.38 to update the definition of assistance animals to include emotional support animals. This bill also created § 41-1497.38, which shields landlords from liability for damages or injuries that might be caused by service animals or assistance animals.

Under the Arizona Fair Housing Act and the federal FHA, an ESA letter gives you the right to request reasonable housing accommodations, including waiving pet fees and deposits. By redefining service and assistance animals to include ESAs, it reinforced their legal standing for accommodations such as fee waivers.

However, Henderson v. Five Properties, LLC (E.D. La., July 16, 2025), a Louisiana federal court ruling, determined that automatic fee waivers are not guaranteed for ESAs and that, to receive a fee waiver for an ESA, a tenant must prove that waiving the fee is necessary and reasonable.

In most cases, landlords must make reasonable accommodations for ESAs in no-pet housing. But they can deny your ESA if it poses a direct threat to others' safety or would cause significant property damage. While landlords now have a liability shield against claims or damages, you are responsible for any damage or harm that your ESA causes.

With a proper ESA letter from an LMHP, you can request accommodations to live with your ESA in no-pet housing.

Limitations of the Fair Housing Act in Arizona

In Arizona, the Fair Housing Act (FHA) generally requires landlords to accommodate emotional support animals (ESAs) in rental housing, even in no-pet properties. However, there are specific exemptions where landlords are not obligated to make such accommodations. These exemptions include:

• Owner-Occupied Buildings with Four or Fewer Units: Landlords who own and occupy a building with four or fewer units are exempt from FHA requirements.
  
• Single-Family Homes Sold or Rented by the Owner Without a Broker: If the owner owns three or fewer single-family homes and rents or sells them without using a broker, they are exempt.
  
• Housing Operated by Religious Organizations or Private Clubs: These entities are exempt if they restrict occupancy to members.
  

It's important to note that while these exemptions exist, they do not apply to all housing situations. For instance, public housing, university dormitories, and nursing homes are typically covered by the FHA and must consider ESA accommodation requests. Additionally, landlords can deny an ESA if the animal poses a direct threat to the health or safety of others or causes significant property damage. Knowing these exceptions can help you plan before you sign a lease.

Public Access & Travel Rights for Emotional Support Animals in Arizona

It's important to understand that laws on emotional support animals only protect them for housing circumstances. Unfortunately, emotional support animals are broadly treated as normal pets when it comes to public access and travel.

One example of this is the Air Carrier Access Act (ACAA) which at one point allowed ESAs to travel on airlines free of charge. In 2021, the U.S. Department of Transportation revised its ACAA rules, permitting airlines to treat ESAs as pets, charge fees, and impose restrictions. Most major airlines have now changed their policies to restrict ESAs on their flights. To fly with an animal in the cabin, you'll need a trained psychiatric service dog (PSD).

Arizona ESA Laws for Travel

The Americans with Disabilities Act (ADA) does not protect emotional support animals when it comes to public transportation. Because emotional support pets aren't covered under the ADA, you can't assume that any public transportation will allow your pet. 

Sometimes small pets will be accommodated, especially if they're small enough for you to carry, but it's best to always call ahead and double-check before bringing your pet along with you when you leave your home. If you call ahead to make sure you and your support pet will be accommodated, you'll save yourself time and stress. 

Airplanes, buses, and other modes of public transportation in Arizona can refuse entry for you and your emotional support animal, so it's always best to check before leaving home with them. This also goes for any restaurants or public places you go to.

Arizona ESA Public Access Laws

Restaurants, stores, and other public places are not required to accommodate emotional support pets, and these establishments may deny you and your pet entry. There isn't a law in place to protect emotional support pets in the way that the Fair Housing Act protects them. That said, some places might allow you to bring in your emotional support pet, but it depends on the place. If you need to bring your emotional support pet with you on an outing, whether you're going to a restaurant, store, or other public place, you should call and check with the specific establishment first.

They'll let you know what their policy is, but it's also a good idea to get the name of the person who lets you know it's okay. There can sometimes be a lack of communication between workers, and one might tell you an ESA is okay to bring in while another might try and stop you at the door. Because there is no emotional support animal law protecting emotional support pets in public places, you should be prepared for situations like this. Keep in mind that an ESA letter is housing documentation, so businesses aren't required to accept it.

How to Get a Legitimate ESA Letter in Arizona

If you feel you would benefit from the companionship offered by an emotional support pet, follow these steps below to help you get your official ESA letter. This letter will show others that your pet gives you emotional support that is beneficial to your mental health.

1. Complete Our Assessment

The first step in the process is to complete a quick assessment so you can be matched with a licensed mental health provider in Arizona who's right for you. The assessment will help determine what your situation is and whether you would benefit from the companionship of an emotional support pet. Then you'll have to select which type of letter you're interested in getting. You can choose an ESA letter for housing, a PSD letter for travel with a trained psychiatric service dog, or both.

 2. Consult With a Therapist

Then you'll have an opportunity to discuss your concerns in a consultation with a therapist or licensed mental health professional. You will need to first fill out some privacy and consent forms. These forms will let the clinicians know that they are authorized to work with you. Finally, you'll be matched with a licensed mental health professional. You'll receive a link to book a live consultation with them. During your consultation, the mental health professional will determine whether you qualify for an ESA.

3. Get Your Emotional Support Animal Letter

During your consultation with a licensed mental health professional, they will determine whether an emotional support pet is right for you. A licensed mental health professional must determine that an emotional support animal is essential to your care and well-being. If they find this to be the case with you, they'll write a legally recognized emotional support animal letter for you. You will likely get an electronic copy of your letter first in your email.

Your satisfaction is important to us. Pettable letters include a money-back guarantee if your landlord doesn't accept your letter.

What is an Emotional Support Animal?

An emotional support animal helps people living with mental health conditions or mental disabilities. Emotional support pets provide emotional support to their owners by creating a calming presence in their owners' lives. Many emotional support animal owners report feeling calmer, less anxious, and less stressed. Emotional support pets are companion animals for people who need emotional relief from an emotional or mental disability.

An emotional support pet has an important job, just like a service animal does. However, service animals and emotional support animals differ in a few ways.

What is a Service Animal?

A service animal helps people who struggle with a physical or mental impairment that may restrict the way a person functions day-to-day. Under Arizona's fair housing law, service animals fall under the broader category of assistance animals, which also includes ESAs.

A service animal assists people with disabilities so they may live more independent lives. A guide dog helps people who are blind or have low vision. A hearing dog helps people who are deaf or hard of hearing. A psychiatric service dog helps people living with mental health conditions that significantly affect their daily lives.

Service dogs are all highly trained to help their owners live more independent lives. The level of training that service dogs go through is the main difference between emotional support pets and service animals.

If you have a mental disability and wish to acquire a psychiatric service dog, you may opt to train one yourself; however, it is important to bear in mind that training a PSD can be a difficult task without the right knowledge and resources. 

Pettable has created an expert-guided, on-demand PSD training program that equips you with the tools to train your own psychiatric service dog. The online video-based program will walk you through how to train your dog to complete specific tasks to aid you with your mental disability and temper your dog to behave obediently in public, essential skills for ensuring your pet can appropriately tend to your mental health needs and increase your quality of life.

Difference Between Emotional Support Animals and Service Animals

While both ESAs and service animals help people cope with daily activities and major life activities, there is still a major difference between the two. Because service animals help people with disabilities live more independently and safely, they are individually trained to perform specific tasks. An emotional support animal does not require any special training to help people with emotional disabilities or mental disabilities.

Service animals are trained to perform tasks for their owners that can include guiding people who are blind, alerting people who are deaf or hard of hearing to sounds, retrieving items, alerting their owners to take their medications, pulling a wheelchair, and more. You might train your emotional support animal to sit or remain calm, but ESAs don't require specialized training to help you. An emotional support pet helps you by providing companionship that provides benefits to your mental health.

See if You Qualify for an ESA Letter in Arizona with Pettable

If you have an animal that provides comfort and support, and you want to see whether you qualify for an ESA in Arizona, you can get started with Pettable. We connect you with licensed mental health practitioners in your state who can properly evaluate your need for an ESA; if they determine you do, they can write your ESA letter.

Start your ESA assessment today.

Frequently Asked Questions

Here are a few frequently asked questions regarding emotional support pets.

Do I have to tell my landlord I have an ESA in Arizona?

It's best to tell your landlord about your ESA and share your ESA letter. This will help you avoid any confusion in the future. You don't need to share your full medical history, but under HB 2068, your documentation does need to describe your disability-related need for the animal.

Can a landlord deny an emotional support animal in Arizona?

In most cases, a landlord can't deny an emotional support animal unless the animal poses a direct threat to others or would cause significant damage to the home. For example, a miniature horse likely cannot live in a top-floor studio apartment with you.

When do I tell my landlord about my ESA in Arizona?

You can tell your landlord that you have an ESA before or after signing a lease.

Can a landlord in Arizona charge a fee for an emotional support animal?

The Federal Fair Housing Act prohibits a housing provider from discriminating against tenants with emotional support animals. An ESA letter gives you the right to request reasonable housing accommodations, including waiving pet fees. After the 2025 Henderson v. Five Properties ruling, though, fee waivers aren't automatic.

Can you have more than one ESA in Arizona?

Yes, you can have more than one emotional support pet, and you can request reasonable accommodations for each one. Your ESA letter should cover each animal.

What restrictions can my landlord place on my emotional support animal in Arizona?

Emotional support pets and their owners have equal rights to accommodation without prejudice under the Fair Housing Act. A landlord generally can't refuse to rent to you because of your ESA, and you can request that pet fees be waived.

What is A.R.S. § 41-1491?

A.R.S. § 41-1491 (amended by HB 2068) is the opening section of the Arizona Fair Housing Act and provides the definitions used in the state's fair housing laws. It now explicitly defines an emotional support animal under the definition of an assistance animal.

What's the penalty for ESA fraud in Arizona?

In Arizona, fraudulently misrepresenting an animal as a service animal in a public place carries a civil penalty of up to $250 per violation. That includes passing off an ESA as a service animal.

Can an Arizona landlord deny my ESA?

An Arizona landlord can generally deny your ESA only for a direct safety threat or significant property-damage risk tied to the specific animal's behavior, not based on breed generalizations alone.