Pettable is committed to serving you content with integrity and is written and verified by professionals. Our sourcing, analyzing, and communicating methods follow our strict tone of voice guidelines that ensure our articles are transparent, compassionate, inclusive, and respectful. We do not tolerate plagiarism.
All Pettable articles adhere to the following standards:
All cited statistics research will come from reputable government or state websites, peer-reviewed journals, and direct sources. We include at least two qualified citations per article.
Our content is updated to reflect the correct pricing or regulation information about emotional service animals, psychiatric service dogs, and their owners.
All articles will include appropriate context to avoid misleading or confusing readers.
Vetted professionals with a background in pet care and mental health write our content, and we will always include their bylines.
For our articles addressing aspects of mental health and wellness, we ensure that therapists verify these.
For our articles that address aspects of law, state rules, and regulations, we ensure that law professionals verify these.
We will not make claims or promises simply to meet algorithm requirements - we will always put the needs of our audience first.
New Hampshire Emotional Support Animal Laws: Understanding Your ESA Rights in Housing and Public Spaces
In New Hampshire, emotional support animals (ESAs) are protected under federal laws like the Fair Housing Act, ensuring housing access without extra fees. However, ESAs lack public access rights and require valid documentation from a licensed mental health professional for legal protections.
If you are a California resident and have a dog you must establish a relationship of no less than 30 days with the therapist writing the ESA letter.
The law that requires this is the AB 468 law which was passed on January 1, 2022.
This law doesn’t apply to any other type of ESA.
The Bottom Line
Housing Rights for ESAs — Under the Fair Housing Act, ESAs are allowed in rental housing, even with no-pet policies, and landlords cannot charge pet fees or deposits.
Public Access Limitations — ESAs do not have the same rights as service animals and are not allowed in public places like restaurants or stores unless explicitly pet-friendly.
Tenant Responsibilities — ESA owners must ensure their animal is well-behaved and address any damage caused by the ESA promptly, as they are financially liable.
What to Do Next — Ensure your ESA letter is current, valid, and signed by a licensed mental health professional to access housing protections and avoid disputes.
ESAs serve as important support animals for people who suffer from mental health disorders such as anxiety, depression and PTSD. These pets comfort and emotionally support people, helping them get through the daily grind. Federal statutes, including the Fair Housing Act (FHA), provide significant protections for ESA homeowners, but it’s important to know exactly what you’re subject to in New Hampshire.
In this article, we’ll discuss New Hampshire ESA owner and landlord rights and obligations, including housing guarantees, public-access restrictions, and ESA documentation.
New Hampshire ESA Laws at a Glance
Emotional support animals (ESAs) in New Hampshire provide comfort to individuals with mental health conditions and are legally protected in housing under the Fair Housing Act. While landlords must accommodate ESAs and cannot charge extra fees, public access rights are limited, and valid documentation from a licensed mental health professional is essential. Understanding these rights and responsibilities helps ensure smooth accommodations and compliance with state and federal laws.
Federal ESA Protections in New Hampshire: Overview
Fair Housing Act (FHA): ESA Housing New Hampshire Protections
The Fair Housing Act offers valuable protections for ESA owners. As in New Hampshire, and the rest of the US, the FHA prevents discrimination against ESA owners when it comes to housing. This includes access to apartments, even if the landlord does not allow pets. The FHA requires landlords to accommodate emotional support animals within reasonable limits. Such leniency could include renegotiating no-pet agreements and banning pet deposits or fees.
Landlords in New Hampshire cannot charge additional pet fees or deposits for emotional support animals (ESAs), as protected under the Fair Housing Act (FHA). However, tenants remain responsible for covering any property damage caused by their ESA. While landlords are generally required to accommodate ESAs, they may refuse a request if the animal poses a direct threat to others’ safety or causes significant property damage, ensuring a balance between tenant rights and landlord responsibilities.
Air Carrier Access Act (ACAA): ESA Travel Protections
In past years, the Air Carrier Access Act (ACAA) had mandated that airlines treat ESAs as service animals. But this policy has since changed, and airlines are no longer required to treat ESAs as service animals. ESAs, meanwhile, are now treated as pets, with airlines potentially charging more or prohibiting them. ESA travel laws New Hampshire require ESA owners to consult with their airlines to verify they’re aware of the most current policies before departing on a flight.
ESA Laws New Hampshire: Housing and Public Access
Federal regulations such as the FHA apply nationwide, but there are restrictions in New Hampshire for ESA owners and landlords. Let’s discuss in this section the specific housing protections and public access restrictions that affect emotional support animals in the state.
Emotional Support Animal Housing Laws New Hampshire
ESA housing laws New Hampshire operate under the federal guidelines set forth by the FHA, with a few state exceptions. ESA holders are shielded in housing situations as long as they can submit a current ESA letter from a licensed mental health professional. This letter should specify the tenant’s mental health issue and how the ESA mitigates symptoms.
In New Hampshire, landlords cannot charge extra fees or deposits for emotional support animals (ESAs). However, tenants are responsible for any damage their ESA may cause. While landlords must accommodate ESAs, they can deny a request if the animal poses a direct danger to others or if the accommodation would result in excessive costs for repairs or renovations.
Emotional support animals provide valuable emotional assistance but, unlike service animals, they do not have public access rights. With the Americans with Disabilities Act (ADA), service animals have access to restaurants, shops, and public transportation. ESA public access New Hampshire states that ESAs are generally not allowed in these areas unless the business is pet-friendly.
In New Hampshire, the key difference between service animals and emotional support animals (ESAs) lies in their purpose and training. Service animals are specifically trained to assist individuals with disabilities, granting them legal access to public spaces. In contrast, ESAs provide emotional support and companionship but lack task-specific training, meaning they do not have the same access rights under federal or state law.
Can Landlords Deny ESA in New Hampshire?
New Hampshire landlords may refuse an ESA application under some circumstances, but not if they believe their individual opinions or pet inattentiveness make them a "bad" landlord. Both tenants and landlords must learn what constitutes a valid refusal of ESA accommodation.
Legitimate Reasons for Denial
Landlords can legally deny an ESA if:
Direct Threat or Property Damage: If the ESA directly harms anyone or causes major property damage, a landlord can choose not to accept the animal.
Undue Burden: A landlord might refuse an ESA if keeping the animal would result in an unfair financial or administrative cost to the landlord.
Illegal Reasons for Denial
New Hampshire ESA housing laws state landlords cannot deny an ESA based solely on:
No-Pet Policy: There’s no basis for a landlord to refuse an ESA request if the property has a no-pet policy. The FHA insists on making reasonable accommodations for ESA owners.
Personal Biases or Misunderstanding of the Law: It is against the law for landlords to refuse an ESA in a unit because they are personally prejudiced, or because they do not understand New Hampshire’s rights for ESA owners.
ESA Documentation New Hampshire
Valid ESA Documentation
ESA owners must present valid documentation from a licensed mental health provider to receive FHA housing allowances. The ESA letter New Hampshire should specify the tenant’s psychiatric state and how the animal is therapeutically supportive. This letter should be current and adhere to federal and New Hampshire state law.
ESA owners in New Hampshire are also held accountable for the way their animals behave inside their home. The ESA must therefore not be a threat to other dogs, and owners should address behavioral issues quickly. Furthermore, although the landlord cannot add an ESA fee to the property, tenants are held accountable for any harm or damage inflicted by the animal.
New Hampshire ESA Laws FAQs
Can my landlord in New Hampshire charge a pet deposit for my ESA?
No, landlords cannot ask for a surcharge or deposit for an ESA. But tenants are personally responsible for any harm that their animal causes.
Are emotional support animals allowed in public spaces in New Hampshire?
No, emotional support animal public access rights in New Hampshire are not the same as for service animals. ESAs are generally not allowed in public spaces like restaurants and stores unless the business has a pet-friendly policy.
What documentation is required for an ESA in New Hampshire?
Owners of an ESA are required to submit a valid ESA letter from a licensed mental health provider that explains their mental illness and why they need an ESA.
Can landlords deny emotional support animals in New Hampshire housing?
An ESA request can be turned down by landlords if the animal directly threatens another person’s life or property, or if keeping the animal would be excessively costly.
What’s the difference between a service animal and an ESA in New Hampshire?
Service animals are programmed to do certain things for a person with a disability, and emotional support animals offer consolation but not programmed tasks.
Conclusion
Emotional support animal rules New Hampshire are not exactly clear-cut, but by knowing both federal laws and state law you’ll be able to get things straight. ESA owners are guaranteed housing through the Fair Housing Act and are not required to pay pet fees or deposits. Public access rights are less generous, however – ESAs have fewer public spaces than service animals. Landlords should be aware of their responsibilities towards ESA owners and can also refuse to provide an ESA request at times under certain circumstances. Tenants and landlords can benefit from clear communication and record keeping ensuring a legally sound and efficient process. By becoming familiar with New Hampshire’s emotional support animal laws, ESA owners and landlords can cooperate in achieving a safe, equal living environment.
Kristi Carignan is a seasoned freelance writer with over 20 years of experience crafting copy for global agencies and brands. When she's not writing, she enjoys spending time with her furry companions, Sugar the PomChi and Rudy the Shiba Inu, and indulging in hobbies like crafting and home renovation.
