Emotional Support Animal Laws by State: A Complete Guide

Emotional support animals (ESAs) play a vital role in providing relief and comfort to individuals dealing with mental health issues. Their presence can truly make a difference in their owner's lives. However, the laws surrounding ESAs can vary drastically from state to state, which can be confusing for ESA owners. Understanding these laws is essential for a smoother process of obtaining an ESA letter and securing housing. 

The Fair Housing Act (FHA) is a federal law that protects ESAs and their owners. While this law applies in each of the fifty states, some states have additional laws concerning ESAs that can add more requirements and regulations. 

We know the legal landscape concerning ESA laws and ESA letters can be confusing, so we have put together a complete emotional support animal laws by state guide for you. We will break down states into three categories based on their approach to ESA regulations: states relying on federal law only, states with additional pet or service animal laws, and states with specific ESA laws. 

In this way, we aim to provide a complete breakdown of the ESA laws by state for both individuals with mental health issues and landlords and housing authorities to ensure everyone knows their rights and responsibilities regarding ESAs. Let's start with the states where only the FHA governs ESA owners and housing. 

States Where Only Federal Laws Apply (Fair Housing Act)

The primary law governing ESAs and fair housing is the Fair Housing Act (FHA). The FHA is a federal law that was established in 1968 to put a stop to discrimination in housing situations. People who have disabilities are protected under this law, and that includes individuals with ESAs. 

According to the FHA, animals that provide support or service are not considered pets. Therefore, this federal law allows ESA owners to live in any housing situation, including "no-pet" policies. Landlords must provide "reasonable accommodation" to people with disabilities, including psychological disabilities like those with ESAs. ESA owners must submit a legitimate ESA letter to the landlord proving that they have a mental health condition as per the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and that the ESA provides relief. 

Some states do not have any specific local or state laws that affect ESA owners. The following states in this section only adhere to the Fair Housing Act (FHA). These states rely solely on federal protections for emotional support animals in housing. 

Therefore, the process is relatively straightforward for ESA owners to get accommodations for housing under the FHA in these states. All that ESA owners will need in these states is a legitimate ESA letter written by a licensed mental health practitioner (LMHP) that includes the following information:

• The contact information and licensing number of the practitioner who writes the letter, along with their signature and the date.  
• A section that includes information about the individual who has a mental health diagnosis and that an emotional support animal will help to provide relief of their symptoms. 
• A brief mention of the FHA. 
• Information about the animal, including type and breed. 
• An expiration date because most ESA letters will only be good for one year.

Landlords in these states must allow ESAs even in no-pet housing situations, and they cannot charge deposits or additional fees or require pet insurance.

Though laws can and do change, currently, the following states only adhere to the Fair Housing Act:

 These states do not currently have any other ESA state laws that ESA owners must be aware of.

States with Additional Pet, Service Animal, or Renting Laws Affecting ESA Owners

While all fifty states must adhere to the FHA, some states have additional pets, service animals, or renting laws that could affect ESA owners. Although these states do not currently have any state-specific ESA laws, the existing pet or ESA service animal laws could potentially create additional issues for both ESA owners and landlords. Let's take a closer look at each of these states.

New Jersey 

In New Jersey, ESA owners are still subject to certain pet policies. Unlike service animals, which are automatically exempt from all pet policies in rental situations, ESAs are not. So, an ESA owner would need to adhere to specific pet behavior and nuisance rules. While landlords are required to make reasonable accommodations for individuals with ESAs, they are allowed to set restrictions on animal behavior and cleanliness. 

Illinois

Illinois adheres to the FHA when it comes to ESAs. However, a landlord can ask owners to correct any bad behavior in their service animal, including an ESA. If the ESA owner fails to correct bad behavior, the landlord can evict or deny a request for the ESA. According to the Illinois Assistance Animal Integrity Act, a housing provider can deny or rescind the request for accommodation if:

• The accommodations impose an undue financial or administrative burden or change the nature of their housing operations.
• The animal poses a direct threat or physical damage to the property.
• The animal engages in harmful or destructive behavior that the owner has not taken any effective action to correct.

So, it is important to remember that ESA owners are responsible for their ESA's behavior in Illinois.

Georgia

While there are no state-specific emotional support animal laws in Georgia, there are a few local pet laws that may affect ESA owners. For example, in Atlanta,  if you have a domesticated animal that barks, meows, or whines consecutively for ten minutes in a row, you can be fined for your animal being a nuisance.

In some cities, including Atlanta, there are limits to how many animals you can have, especially in multi-family housing. So, it is essential to know about these laws if you are an ESA owner and house hunting in Georgia cities. 

Let’s dive into the ESA housing laws by state. The following states will have additional regulations in place for ESA owners.

States with Specific ESA Laws

Let's take a closer look at states that have created their own ESA laws and regulations. These states have set forth additional requirements or hurdles for ESA owners. These laws are intended to prevent ESA letter scams and to further clarify the distinction between emotional support animals and service animals.

The following states have passed their own specific laws that govern emotional support animals and go beyond the federal protections even further. These laws could include additional requirements for ESA owners, stricter standards for ESA letters, or even fines for misrepresenting ESAs as service animals. 

In many of the following states, ESA owners must prove a longer relationship with their mental health provider before submitting an ESA letter. Also, landlords in these states may have more authority to challenge or verify the legitimacy of the ESA letters, especially if the state establishes stricter rules for the ESA letters.  Let's review these states in more detail, including the specific laws and what they mean for ESA owners, housing authorities, and landlords.

California

California's AB 468 is one of the oldest of the state's additional emotional support animal laws. The law was designed to stop websites selling quick and fake ESA letters and other credentials. The law is also meant to deter people from passing off their ESAs as service animals to gain public access rights. For example, if someone is caught selling fake ESA letters or pretending that their ESA is a service animal, they will face civil fines. 

California Law AB-468 also states that disabled persons must have a 30-day relationship with their healthcare provider before an ESA letter can be written in California. The LMHP must be licensed to practice in California, and the client-provider relationship must be established 30 days before the ESA letter is provided.

Montana 

Montana established law HB-703 in 2023 concerning ESA owners and their animals. An ESA owner must have a 30-day relationship with their healthcare practitioner before the provider can write the ESA letter. 

The law also allows landlords to ask for "supporting information" regarding the tenant's need for their ESA. One sort of supporting information that landlords can request is proof of compliance with state and local licensure and vaccination requirements for ESAs. Landlords are not allowed to ask for any specific details about a person's disability or mental health diagnosis. Tenants can have multiple ESAs but will need an ESA letter and supporting benefits for each animal. The law also states that tenants will be responsible for any damages their ESA causes. 

Arkansas 

In Arkansas, the law HB-1420 makes it clear that in order to have an ESA letter written, individuals must have a client-provider relationship for at least 30 days. ESA owners will also have to be reevaluated and given a new ESA letter every year. LMHPs must be licensed to practice in the state of Arkansas. 

The law also cracks down on the misrepresentation of ESAs as service animals. Those caught passing off their ESA as a service animal will face civil penalties.

Lousiana

In August 2024, Louisiana passed the Support and Service Animal Integrity Act (HB 407). This law was created to ensure that people aren't fraudulently passing off their pets as ESAs. One of the requirements is that individuals with ESAs must have a prior 30-day working relationship with healthcare providers before they can write the ESA letter. 

HB-407 also states that the healthcare provider must see the patient in person or remotely twice within the 30-day period before writing the ESA letter. The law also states that the healthcare provider must have a valid Louisiana practicing license. 

HB-407 states that there are civil penalties for people who try to fake a disability to live with their pets. It is also illegal to pass an ESA off as a service dog. 

Iowa

Iowa's recent law, SF-2268, covers the rights and responsibilities regarding service animals, including ESAs. The law states that landlords have the right to request additional supporting documentation from an LMHP. The mental health professional must have a 30-day relationship with the tenant before they can write the ESA letter. 

The law also states that the documentation must be renewed every year. Tenants are responsible for any damage that the ESA causes to the rental property or anyone else's property. Iowa also enforces laws that address the misrepresentation of ESAs as service animals. 

FAQs

Here are some of the most frequently asked questions about ESA laws by state.

Which states have the strictest ESA laws?

California, Montana, Arkansas, Louisiana, and Iowa require ESA owners to have at least a 30-day relationship with their mental health professional before an ESA letter can be written.  

Can a landlord deny an ESA in any state?

No, according to the Fair Housing Act (FHA), a landlord cannot deny an emotional support animal (ESA) as long as you have a legitimate ESA letter written by a licensed mental health practitioner (LMHP).

What additional regulations affect ESAs in states without specific ESA laws?

In states without state-specific ESA laws, local jurisdictions, or current rental laws may still affect ESAs in housing situations. Some other pet or service animal regulations could also affect ESA owners. 

Do ESA owners need additional documentation in certain states?

No, you only need a legitimate ESA letter in all fifty states. However, in some states, you will be required to have a 30-day prior relationship with the licensed mental health practitioner (LMHP) who writes the ESA letter. Many states indicate that ESA letters expire after 12 months and must be renewed.

Which states require long-term relationships with healthcare providers for ESA letters?

So far, California, Montana, Arkansas, Louisiana, and Iowa require ESA owners to have at least a 30-day relationship with their provider before providing an ESA letter.

Conclusion

As you can see, it is very important to stay up-to-date on the laws in your specific state. Although the FHA applies to all fifty states, there are some states with additional ESA laws or other pet regulations that you must be aware of. Some states will require you to have a 30-day relationship with a healthcare provider before they can write your ESA letter. Remember, laws change constantly, and as an ESA owner, you are obligated to know your rights and responsibilities where you live. 

It is always a good idea to check your state's specific regulations concerning ESAs to ensure compliance with all laws. If you plan to move across states, it's best to familiarize yourself with that state's laws before you go. 

Do you have a mental health condition and are interested in qualifying your pet as an ESA? If so, you will need a legitimate ESA letter first.

To ensure a smooth process, start by taking Pettables' short survey to find out if you qualify for an ESA today.