North Dakota Emotional Support Animal Laws: Your Guide to ESA Rights and Housing Protections

ESAs provide invaluable emotional support for those suffering from mental illnesses including anxiety, depression and PTSD. ESAs in North Dakota, like all of the rest of the U.S., are federally insured, but the state has its own rules about housing and public access that owners and landlords should be aware of.

This guide provides an overview of North Dakota emotional support animal laws including ESA housing rights, public access restrictions, and tenant-landlord obligations.

Federal ESA Protections in North Dakota: Overview

Fair Housing Act (FHA): ESA Housing Protections

The Fair Housing Act (FHA) is the primary piece of federal law that shields ESA owners in North Dakota from housing. Emotional support animals are a reasonable accommodation for disabled individuals according to the FHA. This requires that landlords must permit tenants to keep their ESA even in no-pet dwellings. 

Key protections under the FHA include:

• No Additional Pet Fees or Deposits: Landlords are not allowed to require extra pet deposits or fees for emotional support animals, but tenants remain liable for any harm caused by the ESA.
• Landlord Exceptions: A landlord can deny an ESA request if the animal directly threatens other people’s health or safety, or if the ESA causes serious property damage. They can also turn down lodging if it’s too expensive or time-consuming for the property. 

Air Carrier Access Act (ACAA): ESA Travel Protections

Though the Air Carrier Access Act (ACAA) once shielded ESAs from airline travel, the latest regulations change the way airlines handle emotional support animals. Airports don’t have to take ESAs as service animals anymore, and most airports now accept them as pets, sometimes at a fee or with restrictions. For ESA travel laws North Dakota, make sure to inquire with your airline about the most current ESA travel policies.

ESA Laws North Dakota: Housing and Public Spaces

Emotional Support Animal Housing Laws North Dakota: Housing Protections 

Along with federal FHA protections, North Dakota law puts further pressure on landlords to accommodate emotional support animals. The tenant is allowed reasonable accommodation if he or she has access to an ESA letter signed by a licensed mental health professional (LMHP).

In North Dakota, landlords cannot charge additional pet fees or deposits for emotional support animals (ESAs), in line with federal law. However, landlords may refuse an ESA request if the animal poses a direct threat to others, causes significant property damage, or imposes unreasonable costs. Such refusals must be based on valid, non-discriminatory reasons, ensuring a fair balance between tenant rights and landlord responsibilities.

Emotional Support Animal Public Access North Dakota

ESA public access North Dakota statutes stipulate that ESAs are not entitled to the same public access rights as service animals. Service animals (trained to assist disabled people) are permitted in public facilities pursuant to the Americans with Disabilities Act (ADA), but emotional support animals are not. 

In North Dakota, service animals and emotional support animals (ESAs) serve different purposes and have distinct legal rights. Service animals are specially trained to perform tasks for individuals with disabilities, granting them access to public spaces like restaurants, shops, and public transportation. In contrast, ESAs provide emotional relief and comfort but are not trained for specific tasks, meaning they do not have the same public access rights unless explicitly allowed by the establishment.

Businesses, restaurants and other public spaces in North Dakota are not required to allow ESAs unless they have a dog-friendly policy. 

Can Landlords Deny ESA in North Dakota? 

Legitimate Reasons for Denial

Landlords in North Dakota have the right to deny an ESA request if certain conditions apply:

• Direct Threat: A landlord can reject the request if the ESA directly threatens the health or safety of others. This might include cases in which the animal behaves aggressively.
• Property Damage: Landlords may refuse a request if they believe the ESA will result in substantial property damage over and above wear and tear.
• Undue Burden: If the landlord thinks that accommodating the ESA would be an excessive financial or administrative burden, he or she can deny the request.

Illegal Reasons for Denial

It is important to note that there are illegal reasons for denying an ESA:

• No-Pet Policies: It is illegal for a landlord to refuse an ESA request if the property has a no-pet policy. By law, landlords must provide reasonable accommodation for tenants with emotional support animals, as required by federal law.
• Prejudice or Lack of Understanding: A landlord may not deny an ESA request because of bias or misinformation regarding ESA regulations in North Dakota. Accommodations that are legal have to be justified as described above.

ESA Documentation and Responsibilities in North Dakota

Valid ESA Documentation North Dakota

To receive ESA protections in North Dakota, owners must provide a current ESA letter from a licensed mental health clinician. This letter should confirm the tenant’s mental health condition, such as anxiety or depression, and explain how the ESA alleviates symptoms of the condition. It’s essential for ESA owners to ensure their documentation is up-to-date and compliant with both federal and state regulations.

Tenant Responsibilities

While ESA owners in North Dakota have legal protections, they must also uphold certain responsibilities. Owners are expected to ensure their animal behaves appropriately, as excessive barking or aggressive actions may lead to removal from the premises. Additionally, while landlords cannot charge pet fees or deposits for ESAs, owners are fully responsible for covering any damages caused by their animal, which can be deducted from the tenant’s security deposit.

North Dakota ESA Laws FAQs

Can my landlord in North Dakota charge a pet deposit for my ESA? 

No, landlords cannot charge a pet deposit on an emotional support animal (but may do so for any animal-related damages).

Are emotional support animals allowed in public spaces in North Dakota? 

No, emotionally supported animals do not receive public access rights under North Dakota law, unlike service animals. However, some businesses might accept ESAs as long as the business has a policy for pets.

What documentation is required for an ESA in North Dakota? 

The ESA holders must submit a valid ESA letter from a licensed mental health practitioner confirming their mental health status and detailing how the ESA reduces symptoms.

Can landlords deny emotional support animals in North Dakota housing? 

Landlords can decline ESA requests if the animal directly threatens health or safety, does significant damage, or is too costly to accommodate. This is considered an Emotional Support Animal rule North Dakota.

What’s the difference between a service animal and an ESA in North Dakota? 

Service animals are able to perform job tasks and can be granted access to public places (as provided by the ADA), whereas emotional support animals offer comfort and cannot be granted access to public places.  

Conclusion

North Dakota emotional support animal laws are very important for both ESA owners and landlords. The Fair Housing Act affords ESA owners the right to reasonable accommodations by landlords even when the tenants live in no-pet housing. Yet, ESAs don’t have the same rights to public access as service animals, and landlords can only refuse an ESA application if it is due to good cause such as safety or property damage.

By knowing about the laws federally and in your state, and by ensuring your paperwork is up to date, ESA owners and landlords can keep the tenant-landlord relationship legal and smooth, and make sure emotional support animals are appropriately supported.