Emotional support animals (ESAs) provide comfort and relief to individuals managing mental health conditions improving their quality of life. ESA laws are different across states which can make the process confusing for both owners and housing providers. Having the guidance on these regulations is important for obtaining a valid ESA letter and securing appropriate housing. The Fair Housing Act (FHA) provides protection for ESA owners by confirming their right to live with their support animals at the federal level. Some states have introduced additional regulations that may impose further requirements or guidelines although FHA applies nationwide. We have created a guide for each state to simplify the process because the legal framework surrounding ESAs and ESA letters can be complex. This article categorizes states into three groups which are states that rely solely on federal law, states with added pet or service animal regulations and states with specific ESA related laws. Our goal is to provide a clear guidance of ESA laws across the United States helping individuals, landlords and housing authorities understand their rights and responsibilities. Let’s begin with the states where ESA regulations are governed exclusively by the FHA.
Key Takeaways
Federal law protects ESA owners nationwide
Landlords should provide reasonable accommodation for ESA owners with valid ESA letters even in properties with no-pet policies under the Fair Housing Act (FHA).
Some states enforce stricter ESA requirements
States including California and Iowa require a minimum 30 day relationship with a licensed mental health professional (LMHP) before an ESA letter is issued along with other specific regulations.
Local pet laws can still impact ESA owners
Local rules such as those governing animal behavior or limits on the number of pets may still apply even in states without ESA-specific legislation as seen in places such as Georgia and Illinois.
Stay updated on your state’s ESA laws
You should have an idea about your state’s requirements to remain compliant and fully benefit from ESA protections and obtain a legal ESA letter from a trusted provider like ESA Clinic.
Emotional Support Animal Laws by State
Certain states such as California, Arkansas, and Iowa enforce stricter requirements for ESA letters including rules such as establishing a 30 day relationship between the client and provider although the Fair Housing Act (FHA) applies across the United States. Some states have local pet regulations that can indirectly impact ESA ownership. ESA owners and landlords are able to navigate their rights and responsibilities with the understanding of these variations confirming compliance with the law and a smoother housing process.
States Where Only Federal Laws Apply (Fair Housing Act)
The primary law that governs emotional support animals (ESAs) in housing is the Fair Housing Act (FHA). The FHA is a federal law designed to prevent discrimination in housing enacted in 1968. It protects individuals with disabilities including those with mental health conditions who rely on ESAs for support. Animals that provide emotional support or assistance are not classified as pets under the FHA. Therefore, ESA owners are allowed to live in housing that may otherwise enforce “no-pet” policies. Landlords should provide reasonable accommodation to individuals with disabilities including psychological conditions. ESA owners must provide a valid ESA letter from a licensed mental health practitioner (LMHP) confirming that they have a recognized mental health condition based on the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and that the animal helps minimize their symptoms. Some states do not have additional laws that specifically regulate ESAs. The FHA is the only governing authority in these states and ESA protections rely entirely on federal law. The process of securing housing with an ESA in these states is a straightforward process. ESA owners need a legal ESA letter issued by a licensed professional. This letter should include following necessary details to consider that documentation as a valid ESA letter.
- Contact details, licensing number, signature of LMHP and date
- Confirmation that the individual has a mental health condition and benefits from an emotional support animal
- A brief reference to the FHA
- Basic information about the animal such as its type and breed
- An expiration date as ESA letters are valid for one year
Landlords are required to accept ESAs even in properties with no pet policies in these states. They cannot charge additional pet fees, deposits, or require pet insurance for emotional support animals. The following list of states currently adhere to the Fair Housing Law.
| Alaska | Alabama | Arizona | Colorado | Connecticut | Delaware |
| Florida | Hawaii | Idaho | Indiana | Kansas | Kentucky |
| Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi |
| Missouri | Nebraska | Nevada | New Hampshire | New Mexico | New York |
| North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania |
| Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah |
| Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |
States with Additional Pet, Service Animal or Renting Laws Affecting ESA Owners
Some states have additional pet, service animal or rental regulations that may impact ESA owners although all fifty states must follow the Fair Housing Act (FHA). The existing pet, ESA or service animal laws can provide extra considerations for both tenants and landlords although these states currently do not have state specific ESA laws. Let’s see how this applies in certain states.
New Jersey
ESA owners may still be subject to certain pet related policies in New Jersey. ESAs do not receive the same level of automatic exemption as service animals which are fully exempt from pet restrictions in rental housing. Therefore, ESA owners must follow rules related to behavior and nuisance. Landlords are able to still enforce standards regarding cleanliness and proper animal conduct while they are required to provide reasonable accommodation.
Illinois
Illinois follows the FHA for ESA protections. But landlords can require owners to address any problematic behavior from their animal including ESAs. The landlord may deny or revoke the accommodation if the ESA owner fails to correct these issues. A housing provider can refuse or withdraw an ESA request under the Illinois Assistance Animal Integrity Act if the accommodation creates an undue financial or administrative burden or significantly alters housing operations, the animal poses a direct threat to others or causes property damage and the animal displays harmful or destructive behavior that the owner has not taken steps to correct. Therefore, ESA owners in Illinois are fully responsible for confirming their animal behaves appropriately.
Georgia
Georgia does not have specific laws dedicated to emotional support animals. But certain local pet regulations may apply. Animals that continuously bark, meow or whine for extended periods can be considered a nuisance and may result in fines in cities including Atlanta. Some municipalities including Atlanta place limits on the number of animals allowed particularly in multi family housing. You should have a clear idea on these local rules to avoid potential issues if you are an ESA owner searching for housing in Georgia.
States with Specific ESA Laws
There are states that have introduced their own ESA specific laws and regulations. These states have established additional requirements for ESA owners to reduce fraud and clearly distinguish emotional support animals from service animals. The following states go beyond federal protections under the Fair Housing Act (FHA) by implementing stricter standards. These may include more detailed ESA letter requirements, verification processes, or penalties for misrepresenting an ESA as a service animal. ESA owners must demonstrate an ongoing relationship with a licensed mental health provider before obtaining a valid ESA letter for most of these states. Landlords may also have greater authority to verify documentation or question its legitimacy where stricter legal standards are in place. Let’s explore more details about the additional requirements of these states including what their laws mean for tenants, landlords and housing providers.
California
California’s AB 468 is one of the earliest laws designed to regulate emotional support animals. It was introduced to minimize fraudulent ESA letters sold online and to prevent misuse of ESA status as a substitute for service animal privileges. Individuals caught selling fake ESA documentation or falsely presenting an ESA as a service animal may face civil penalties. Individuals must have a minimum 30 day relationship with a licensed healthcare provider before receiving an ESA letter under AB 468. The provider must be licensed in California and the client provider relationship must be established prior to issuing the letter.
Montana
Montana enacted HB 703 in 2023 introducing additional requirements for ESA ownership. Individuals must maintain a 30 day relationship with their healthcare provider before obtaining an ESA letter in Montana. Landlords in Montana are able to request supporting information such as confirmation that the animal complies with local licensing and vaccination requirements. But, they cannot request specific details about the diagnosis of the ESA owner. Tenants may have multiple ESAs. But each animal must be supported by appropriate documentation.Tenants are responsible for any damage caused by their ESA.
Arkansas
Arkansas law HB 1420 requires a minimum 30 day client provider relationship before an ESA letter is issued. ESA owners must undergo annual evaluations and obtain updated documentation each year. LMHP must be licensed within the state. This law addresses misrepresentation by imposing civil penalties on individuals who falsely claim their ESA is a service animal.
Louisiana
Louisiana passed the Support and Service Animal Integrity Act (HB 407) in August 2024 to prevent fraudulent ESA claims. The law requires a 30 day relationship with a LMHP before issuing an ESA letter. The provider must evaluate the patient at least twice either in person or via telehealth during that 30 day period. The provider must also hold a valid license in Louisiana state. The law enforces penalties for individuals who falsify disabilities or misrepresent ESAs as service animals.
Iowa
Iowa’s SF 2268 provides clear guidelines for assistance animals including ESAs. Landlords are able to request additional supporting documentation from a licensed mental health professional according to SF 2268. A 30 day client provider relationship is a necessary requirement to be eligible for an ESA letter in Iowa and documentation must be renewed annually. ESA owners are responsible for any damage caused by their animals. The law also includes provisions to penalize those who misrepresent ESAs as service animals.
Conclusion
Staying informed about the laws in your specific state is important as different states have additional laws for obtaining an ESA letter. Some states have additional ESA regulations or related pet laws that you need to understand while the Fair Housing Act (FHA) provides nationwide protection. Certain states require a minimum 30 day relationship with a LMHP before an ESA letter is issued. ESA owners should be aware of their rights and responsibilities because laws can change over time. It is always wise to review your state’s current ESA regulations to confirm full compliance. Take the time to research the laws in your new state beforehand to avoid complications if you are planning to move. The first step is obtaining a legitimate ESA letter if you have a qualifying mental health condition and are considering designating your pet as an emotional support animal. You can book your appointment with ESA Clinic to consult with a doctor to determine your eligibility for an ESA.
Frequently Asked Questions about ESA Laws by State
Which states have the strictest ESA laws?
States including California, Montana, Arkansas, Louisiana, and Iowa have stricter ESA requirements. Individuals in these states must establish at least a 30-day relationship with a licensed mental health professional (LMHP) before an ESA letter is issued.
Can a landlord deny an ESA in any state?
Landlords cannot deny an emotional support animal if the ESA owner provides a valid ESA letter from a licensed mental health practitioner (LMHP) under the Fair Housing Act (FHA).
What additional regulations affect ESAs in states without specific ESA laws?
Local housing rules or general pet regulations may still impact ESA owners even in states without ESA specific laws. Certain service animal or nuisance laws can also indirectly influence how ESAs are handled in housing situations.
Do ESA owners need additional documentation in certain states?
A legal ESA letter is the primary requirement in all states. Some states require a prior 30 day relationship with the LMHP issuing the letter. Many ESA letters are valid for one year and must be renewed annually.
Which states require long term relationships with LMHP for ESA letters?
California, Montana, Arkansas, Louisiana and Iowa currently require ESA owners to have an established relationship at least 30 days with their LMHP before obtaining an ESA letter.