ESA State by State
UNDERSTANDING ESA LAWS
An emotional support animal (ESA) is recognized under federal law as an assistance animal whose companionship provides therapeutic relief for a person living with a disability. Unlike a service animal — typically a dog or miniature horse trained to perform specific disability-related tasks — an ESA requires no specialized training. Its value lies simply in its presence. An ESA is also not classified as a pet under the law. It is imperative that pet owners understand their rights and responsibilities regarding ESA’s as state laws change frequently. Please note that the information provided in this article is as a courtesy only and may not be accurate as laws change frequently. It is your responsibility to verify your state and local laws.
People living with disabilities have the legal right to request an ESA in their home as a reasonable accommodation, even in properties with no-pet policies. Housing providers may ask for supporting documentation, which typically means an ESA letter written by a licensed mental health professional following a proper clinical evaluation. Once that documentation is provided, housing providers in the United States cannot deny an ESA based on a no-pet policy, charge pet fees or deposits, or apply breed, size, or species restrictions.
ESA laws can vary by state and situation, and regulations at both the federal and state levels may change over time. There is no federal requirement to purchase a certification, ID card, or online registration for an ESA. Be cautious of websites offering these services — they are not legally recognized. Many states require a genuine clinical evaluation, and some also require an ongoing therapeutic relationship between the healthcare provider and the individual.
This page provides educational information only and should not be interpreted as legal advice. ESA approval is never guaranteed and is always based on individual clinical assessment.
FEDERAL LAWS GOVERNING EMOTIONAL SUPPORT ANIMALS
Two primary federal laws have historically shaped ESA rights in the United States.
Fair Housing Act (FHA)
The Fair Housing Act gives individuals with disabilities the right to request an ESA as a reasonable housing accommodation, including in properties with no-pet policies. To make this request, individuals must provide reliable disability-related documentation — typically an ESA letter issued following a clinical evaluation by a licensed mental health professional.
Under the FHA, housing providers cannot deny an ESA request, charge pet fees or deposits, or enforce breed, size, or species restrictions for ESAs. These protections extend to college housing and dormitories at publicly funded universities. However, ESAs do not carry public access rights. Unlike service animals, they are not automatically permitted in all public spaces or businesses.
It is important to note that letters or certificates purchased online following a brief or superficial interview are not considered valid documentation under federal ESA law. A thorough clinical evaluation by a licensed provider is required.
Air Carrier Access Act (ACAA)
The Air Carrier Access Act previously required airlines to permit ESAs to travel with passengers with disabilities. This changed in 2021. ESAs are no longer protected under the ACAA and are now treated as pets on commercial flights. Only trained service dogs retain federal air travel protections.
What Federal Law Covers — and Does Not Cover
Federal ESA law protects the right of individuals with disabilities to keep their ESA in housing as a reasonable accommodation, including college housing and dormitories. ESA owners are not required to pay pet deposits or fees. ESAs do not need to be trained, registered, licensed, or certified in an online database — despite what many fraudulent websites claim.
Federal law also exempts ESAs from state or local restrictions targeting specific breeds, sizes, or species. Under the Americans with Disabilities Act (ADA), individuals may also request to bring their ESA into the workplace as a reasonable accommodation.
However, ESAs are not classified as service animals and do not carry automatic public access rights. States, cities, and individual businesses each determine whether to permit ESAs in spaces like restaurants, hotels, and schools. ESAs are no longer permitted on airlines without checking individual carrier policies. If a person has more than one ESA, a separate accommodation request must be submitted for each animal.
ESA RIGHTS VS LANDLORD RIGHTS
Under federal law, a housing provider may only refuse a reasonable accommodation request for an ESA under very specific circumstances. Valid grounds for denial include situations where the ESA would place an undue financial or administrative burden on the landlord, fundamentally alter the nature of the housing, pose a direct and unmitigable threat to the health or safety of others, or cause significant property damage that cannot be reasonably prevented.
It is important to note that another person's allergy or fear of animals does not constitute a qualifying disability under federal law and cannot be used to deny an ESA accommodation request.
Unless a landlord can clearly establish one of these exceptions, they are legally required to permit an ESA as a reasonable accommodation once a valid request has been made and supporting documentation — such as an ESA letter following a proper clinical evaluation — has been provided.
Landlords are not liable for damage caused by an ESA. However, the ESA owner may be held responsible for damage that exceeds normal wear and tear, particularly in situations where similar damage by other residents would also result in charges.
If a tenant is unlawfully denied a reasonable accommodation or experiences any form of housing discrimination related to their ESA, they have the right to file a formal complaint with the federal Office of Fair Housing and Equal Opportunity or through their state government.
ESA LAWS BY STATE
All states must comply with federal rules requiring ESA housing accommodations. However, many states have additional laws that affect how ESA requests are processed, documented, and enforced. ESAs do not carry public access rights under federal law, meaning businesses are not required to permit them on their premises. Housing providers also cannot require a specific form or method for submitting an ESA accommodation request.
Some states require a clinical relationship of 30 days or longer before an ESA letter can be issued. Others require the provider to be licensed in the same state as the individual. Several states have enacted penalties for falsely claiming an animal as a service or support animal, which may include eviction or financial liability for damages. Because these laws evolve at both the state and federal level, it is essential to stay informed about current requirements in your state.
California
In California, acceptable documentation for an ESA request can include a personal statement from the individual or proof of receiving disability benefits. ESA letters may also be provided by a third party familiar with the individual's clinical needs, including healthcare providers, non-medical service providers, or family members. The reliability of third-party documentation is assessed on a case-by-case basis. If initial documentation is insufficient, the housing provider cannot immediately deny the request — the individual must be given the opportunity to provide additional supporting materials. California law permits licensed healthcare professionals to conduct individualized online assessments to determine ESA eligibility. Individuals may have more than one ESA.
Colorado
It is illegal in Colorado to knowingly misrepresent an animal as an ESA, companion animal, or assistance animal — including for the purpose of avoiding pet fees or living in housing that otherwise restricts animals.
Florida
ESA letters in Florida must clearly identify the specific therapeutic or emotional support provided by the animal and must be issued by a Florida-licensed healthcare practitioner, a telehealth provider, or a licensed professional from another state who has direct personal knowledge of the individual's disability. Individuals may also be asked to provide evidence of the ESA's vaccinations and local licensing. Submitting false or fraudulent ESA letters or falsely claiming a disability-related need for an ESA is a second-degree misdemeanor in Florida, which may carry penalties including a minimum of 60 days in jail and 30 hours of community service.
Hawaii
Hawaii has a quarantine requirement for animals arriving from locations that are not classified as rabies-free.
Illinois
Illinois accepts ESA letters from professionals who have a therapeutic relationship with the individual and have completed a meaningful clinical evaluation. Qualifying providers include physicians, mental health professionals, non-medical service agencies, and reliable third parties with direct knowledge of the individual's disability. If an initial ESA letter does not satisfy state requirements, a housing provider may request additional documentation, such as proof of the individual's disability, their clinical eligibility for an ESA, or evidence of an established therapeutic relationship with the issuing provider.
Indiana
ESA accommodation requests in Indiana may be submitted in whatever format works best for the individual, though written requests are generally recommended. ESA letters should come from a medical provider who has recently seen or treated the individual. Housing providers may require ESAs in common areas to remain leashed, well-behaved, and supervised, and certain areas within the property may be designated as off-limits to ESAs.
Kentucky
ESA letters in Kentucky must be issued by licensed professionals residing in Kentucky who have a therapeutic relationship with the individual. Qualifying providers include licensed clinical social workers, professional counselors, advanced practice registered nurses, psychologists, and physicians. Individuals who have recently relocated to Kentucky may use ESA letters from providers licensed in their previous state, provided an ongoing therapeutic relationship is maintained. Letters issued by providers whose primary business is generating ESA documentation for a fee are not considered valid. Falsely claiming a disability, misrepresenting information to obtain an ESA letter, or using fraudulent documents are all offenses in Kentucky, with penalties that may include fines of up to $1,000.
Louisiana
In Louisiana, a qualifying clinical assessment must be conducted by a healthcare professional who has maintained a therapeutic relationship with the individual for at least 30 days, including a minimum of two sessions — in person or remote — prior to issuing the letter. ESA letters issued without a legitimate clinical evaluation are considered invalid. Providers must be licensed in Louisiana or hold a license in a healthcare field that qualifies them to perform disability evaluations. Violations of ESA laws in Louisiana carry financial penalties of up to $500 for a first offense, $1,000 for a second offense, and up to $2,500 for subsequent violations.
Maine
Maine law prohibits individuals from having both a service animal and an ESA in the same housing. ESAs must be identified as assistance animals that alleviate the effects of a disability by a qualified professional, which may include a physician, psychologist, physician assistant, nurse practitioner, licensed social worker, or licensed professional counselor. The professional must also have an understanding of the individual's disability-related need for the animal. Knowingly misrepresenting an animal as an ESA — including through fraudulent documents or identification — is a civil violation carrying a fine of up to $1,000.
Massachusetts
In Massachusetts, ESA documentation does not strictly need to come from a licensed healthcare professional. It may also come from non-medical service agencies, peer support groups, or reliable third parties who can verify the individual's need. Housing providers may not contact the author of an ESA letter except to verify its authenticity and signature. The state recommends that clinicians take the individual's preferences into account when documenting the type of animal, and existing animals may be specifically named in the letter. All dogs in Massachusetts must be locally registered, but there is no official ESA registry. Online certifications or ID cards obtained without a proper clinical evaluation are not considered valid.
Michigan
All animals in Michigan, including ESAs and service animals, must comply with local vaccination, registration, and certification requirements. Healthcare providers issuing ESA letters must be licensed in Michigan or in another state where they have treated the individual for at least 180 days. Providers may not charge a fee solely for determining ESA eligibility — letters issued under such arrangements are considered invalid.
Minnesota
Individuals who have requested an ESA but have not yet acquired the animal are generally expected to select one that meets any applicable housing size or breed restrictions, unless there is a documented disability-related reason for a specific animal. ESAs should be licensed and vaccinated in accordance with local requirements. Wild or exotic animals prohibited for public health reasons cannot be used as ESAs. Minnesota businesses and government offices are not required to admit ESAs but may choose to do so.
Missouri
In Missouri, knowingly misrepresenting an animal as an ESA or assistance animal in housing is a criminal offense. A first offense is classified as a Class C misdemeanor, with subsequent offenses treated as a Class B misdemeanor. Individuals may also face civil liability for any resulting damages.
Montana
ESA letters in Montana must include documentation confirming that the animal is locally licensed and vaccinated. Providers issuing ESA letters must be licensed in Montana, must have had a client-provider relationship with the individual for at least 30 days, and must conduct a proper clinical evaluation prior to issuing the letter. Submitting an ESA letter does not automatically obligate a housing provider or business to accept the ESA beyond what is required under federal law.
Nebraska
ESAs in Nebraska are only recognized and protected to the extent required for housing under federal law. ESAs may need to be licensed and immunized to meet applicable local regulations.
Pennsylvania
As of December 2025, the Pennsylvania Human Relations Commission is soliciting public feedback on ESA issues, particularly regarding public access rights. Under current Pennsylvania law, ESAs do not yet have public access rights. Misrepresenting one's eligibility for an ESA in housing or making false statements to obtain an ESA letter is a third-degree misdemeanor. Intentionally creating or providing fraudulent ESA documents or identification for housing purposes is a summary offense, which may result in a fine of up to $1,000.
South Dakota
Knowingly making a false ESA housing accommodation claim or submitting fraudulent supporting documents in South Dakota may result in eviction and a damage fee of up to $1,000 payable to the housing provider.
Tennessee
In Tennessee, knowingly misrepresenting ESA eligibility or providing false documentation identifying an animal as an ESA is a Class B misdemeanor. Housing providers may pursue eviction and recover damages, including legal fees, as a result of such misrepresentation. ESA letters in Tennessee must be written documentation from a qualifying source, which may include a healthcare provider, a Tennessee-licensed mental health professional, a caregiver, a reliable third party, or a government entity with direct knowledge of the individual's disability.
Virginia
In Virginia, ESA letters may be provided by individuals from whom the requester currently receives — or has previously received — medical or personal care. This includes licensed mental health providers, state-licensed disability services, peer support group members who do not charge fees, caregivers, reliable third parties, or government entities with direct knowledge of the individual's disability. Providing fraudulent ESA supporting documentation to an individual is legally prohibited and subject to penalty under Virginia law.
Washington
Only Washington State licensed mental health professionals may issue ESA letters in Washington. Animal vaccination and local licensing or registration are required in most jurisdictions throughout the state.
West Virginia
In West Virginia, animals weighing more than 150 pounds are not eligible to serve as ESAs or service animals.
Wyoming
Knowingly and intentionally misrepresenting an animal as an ESA to obtain housing accommodations in Wyoming is a misdemeanor, which may result in a fine of up to $750.
ESA LAWS BY SITUATION
Apartments and Rentals
Under federal law, tenants with disabilities may request to keep an ESA in their apartment as a reasonable accommodation. This is typically supported by an ESA letter from a licensed mental health professional following a clinical evaluation. ESAs are not considered pets and are therefore exempt from pet fees, no-pet policies, and breed restrictions. A landlord may only deny an ESA request if the animal poses an unmitigable threat, would cause significant property damage, or if the accommodation creates an undue administrative burden.
Colleges and Dormitories
The Fair Housing Act protects students with disabilities attending publicly funded universities, allowing them to keep an ESA in college housing or dormitories. Private universities may maintain more restrictive standards. Requirements and restrictions vary by institution and state, particularly regarding animal safety in residential settings. Students should always review their university's specific ESA policies and consult with their school's health or disability support services before making a request.
Landlords
Landlords are required to allow ESAs on their properties as a reasonable accommodation. The only exceptions are if the ESA poses a verified safety risk or would cause significant property damage. If the tenant's disability is not readily apparent, landlords may not inquire about the nature of the disability or medical history. They may request documentation such as an ESA letter, though standards for this vary by state. Landlords are never held liable for damages caused by an ESA. Some states permit landlords to pursue eviction or seek damages if a tenant provides false documentation or makes fraudulent ESA claims.
Tenants
Three housing situations are not covered by federal ESA protections: rental properties of four units or fewer where one unit is owner-occupied; single-family homes sold or rented by the owner without a broker; and housing owned by private clubs or religious organizations that restrict occupancy to members. Tenants may be held financially responsible for ESA-related damages that go beyond normal wear and tear, particularly where other residents would be similarly charged for comparable damage.
ESA LAWS VS OTHER WORKING ANIMAL CLASSIFICATIONS
Emotional Support Animals
An emotional support animal is an assistance animal whose presence provides therapeutic support to a person with a disability, as determined through a clinical evaluation. ESAs are not pets, do not require training, do not need to wear identification or be registered online, and do not carry public access rights.
Service Animals
A service animal is a dog or miniature horse specially trained to perform tasks directly related to a handler's disability — for example, detecting an oncoming seizure or guiding a person who is blind. Service animals are not ESAs, are trained for a specific function, and carry universal public access rights.
Therapy Animals
A therapy animal is trained to provide healing contact to individuals, typically in institutional or clinical settings such as hospitals or schools. Therapy animals are not service animals, are trained to work with a wide range of people, and are not personal companion animals.
Comfort Animals
A comfort animal is trained to provide calming support to people affected by an active disaster or emergency. Like therapy animals, comfort animals are not service animals, are trained to work with diverse populations in crisis settings, and are not personal companion animals.
