As millions of Americans seek treatment for their mental health challenges, they are discovering that there are therapies that don’t involve counseling or medications. There are many benefits of adopting and caring for an emotional support animal (ESA), from increased motivation to alleviating the symptoms of disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD). 

South Dakota follows the Fair Housing Act (FHA) to protect them in most rental situations, but this article will explore state-specific rules that may affect ESAs and their owners. Let’s take a closer look at South Dakota's emotional support animal laws and how they affect new patients.

Federal ESA Protections in South Dakota: Overview

Fair Housing Act (FHA): ESA Housing Protections

In South Dakota, the federal Fair Housing Act (FHA) protects emotional support animal owners from housing discrimination, even if the property has a standard no-pet policy. That means landlords are prohibited from charging extra fees or pet deposits for ESAs or denying their lease based on the animal or your condition. However, tenants are still completely responsible for any damage the ESA causes, so it must be under the handler’s control at all times.

However, a landlord can legally deny housing or evict the tenant or ESA in some specific cases. If an ESA causes property damage or poses a legitimate threat to the safety of other tenants or property staff, a landlord has the right to eject the animal and its owner. So, if you want to keep your assistance animal as a roommate, make sure to prevent and discourage damage or threatening behavior, and never bring your ESA around anyone who doesn’t want to meet it. 

Air Carrier Access Act (ACAA): ESA Travel Protections

Because of recent changes to the Air Carrier Access Act (ACAA), ESAs are not protected on the same level as service animals, so they are not typically allowed to accompany their owners aboard most flights. However, if your ESA is a cat or dog, you may want to contact the airline when you book your tickets to ask for an exception — but don’t get your hopes up. Most South Dakotans should plan for their ESAs to travel as pets or to skip the trip. If you have a service dog, on the other hand, your assistance animal will be allowed to join you on most domestic flights.

South Dakota-Specific ESA Laws: Housing and Public Spaces

ESA Housing Protections in South Dakota

In the great state of South Dakota, residents are subject to the same federal protections in the FHA, which protects disabled individuals and their assistance animals from housing discrimination. However, South Dakota state law reinforces federal protections and requirements, for both tenants and landlords. The law allows landlords to request valid documentation showing the need for an ESA if a person’s disability is not apparent or already known. 

The South Dakota law also enables landlords to evict a tenant who uses fraudulent documentation or makes a false disability claim. The housing provider is also entitled to a damages fee of up to $1,000, collected from the tenant, so make sure to get diagnosed and issued an ESA letter by a state-practicing licensed mental health professional.

Otherwise, rights remain the same in the Mount Rushmore State under the FHA. Landlords can’t deny ESAs or charge extra fees, but they are allowed to deny or evict an ESA owner in cases of property damage or threats to the safety of others on the property.

Public Space Access for ESAs in South Dakota

While ESAs have housing rights in South Dakota, they are not treated the same as service animals. Under the Americans with Disabilities Act (ADA), service animals (typically dogs) are allowed in public spaces, including restaurants, shopping centers, medical facilities, and government buildings. However, ESAs do not qualify as service animals, so they do not have the same public accommodation guarantees and are not usually allowed in public places or public transit. Unless a business or space allows pets, your assistance animal must stay at home, so always ask ahead of time to avoid getting turned away.

Can Landlords in South Dakota Deny Emotional Support Animals?

Legitimate Reasons for Denial

South Dakota housing providers are allowed to deny or evict an emotional support animal in some specific cases. If the ESA causes property damage, either within the rental unit or on the property grounds, denial is permitted. Also, if the animal poses a legitimate threat to the health or safety of other tenants or housing staff, the ESA owner can be denied housing legally. Plus, if the accommodation would place an undue financial burden on the housing provider, they may deny the ESA without repercussion.

Illegal Reasons for Denial

In South Dakota, housing providers can’t deny an assistance animal based on existing no-pet policies or based on the ESA’s species — the FHA declares any domesticated animal can qualify as an ESA, so if it fits, it’s allowed. Landlords can’t deny ESA owners based on any prejudice against disabled people or animal types, or because of a lack of understanding of the disabilities in question. 

ESA Documentation and Responsibilities in South Dakota

Valid ESA Documentation:

To bring an emotional support animal into their home, South Dakotans must have a valid ESA letter issued by a licensed mental health professional (LMHP) who is certified and practicing in the state. This document outlines the tenant’s need for the ESA as part of their treatment plan, so an LMHP must diagnose your disorder before releasing the letter. If you have an existing ESA letter, you should make sure it is up-to-date and complies with both federal and South Dakota regulations; this document should typically get renewed annually. 

Tenant Responsibilities:

A tenant’s primary responsibility is to keep their ESA under control at all times, ensuring it doesn’t threaten others or cause damage to the interior or exterior of the property. In such cases, tenants are liable to pay for any damages caused by the ESA once they are assessed. However, landlords aren’t allowed to charge any fees or deposits ahead of time. 

Frequently Asked Questions (FAQs)

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

No, your landlord is prohibited from charging pet deposits or other fees for emotional support animals.

Are emotional support animals allowed in public places in South Dakota?

Unfortunately, ESAs are not allowed in public spaces throughout South Dakota; service dogs, on the other hand, are permitted in public accommodations.

What documentation is required for an ESA in South Dakota?

To keep an ESA in South Dakota, the only documentation you need is an official ESA letter written by a state-certified LMHP.

Can landlords deny emotional support animals in South Dakota?

Generally, landlords are not allowed to deny an ESA based on no-pet policies, biases, or to avoid legal requirements. However, they may deny in cases of damages or threats to the safety of others.

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

In South Dakota, a service animal is a dog (or miniature horse) that is trained to perform specific tasks that support an individual’s physical or mental disorder. An ESA is a domesticated animal that provides relief from mental health conditions but is otherwise considered a pet.

Conclusion

Emotional support animal laws in South Dakota, including the federal FHA, protect the rights of disabled individuals seeking housing while limiting public access to this type of assistance animal. But while you can’t bring your supportive sidekick with you everywhere across the state, with an official ESA letter, you are permitted to keep it with you in your rental home. 

So if you want to avoid headaches when applying for housing or during your lease, communicate clearly with your landlord about your needs and provide them with a legitimate ESA letter. Comply with your responsibilities and you and your ESA can enjoy a happy home life together. Contact Pettable to get your ESA letter in South Dakota today!