Emotional Support Animal Laws by State: Updated Guide 2025

Q: Are emotional support animals protected?

Yes—but only in housing under the Fair Housing Act. ESAs do not have public access rights under the ADA, nor do they qualify as service animals for air travel under the ACAA.

Q: Can a Landlord Deny an Emotional Support Animal?

Yes, landlords can deny ESA requests only under limited, legally justifiable circumstances, such as property damage history or health threats from the specific animal.

Table of Contents

Emotional Support Animal (ESA) laws in the U.S. are governed by a combination of federal and state regulations. Federally, the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act protect individuals with disabilities by requiring housing providers to accommodate ESAs regardless of pet policies, without imposing breed, size, or pet fees. The Americans with Disabilities Act (ADA) does not extend public access rights to ESAs, as it limits service animal status to trained dogs and miniature horses. The Air Carrier Access Act (ACAA), updated in 2021, excludes ESAs from its service animal category, allowing airlines to treat them as pets.

State ESA laws refine federal standards through documentation requirements, fraud penalties, and breed-specific legislation (BSL). States like California and Florida mandate a 30-day therapeutic relationship before issuing ESA letters. Seventeen states have penalties for ESA fraud, including fines and misdemeanors. Although federal law preempts breed bans in housing, local BSLs still affect ESAs in public or municipal contexts unless explicitly restricted by state law. States like Wisconsin and Kentucky forbid ESA-related breed exclusions, reinforcing FHA protections.

These overlapping legal frameworks require ESA owners to understand both federal rights and state-specific obligations for lawful accommodation and protection.

What Are Emotional Support Animal Laws (ESA Laws)?

Emotional Support Animal (ESA) laws are the laws and regulations that govern the rights and responsibilities of individuals who rely on animals for emotional or psychological support.

ESA laws are shaped by an intersection of federal statutes and state-specific regulations, which vary widely in scope, terminology, documentation standards, and enforcement practices.

While federal laws establish foundational protections, state laws expand, refine, or penalize ESA use, especially in housing, public access, and fraud prevention contexts.

Federal ESA Laws

There are 3 main federal laws that govern emotional support animal definitions, rights, and responsibilities:

Fair Housing Act (FHA) & Rehabilitation Act: These laws require housing providers to make reasonable accommodations for individuals with disabilities, including allowing emotional support animals as assistance animals, regardless of pet restrictions.
Americans with Disabilities Act (ADA): This law grants access rights to trained service animals in public spaces but explicitly excludes emotional support animals from its definition of service animals.
Air Carrier Access Act (ACAA): This law governs air travel and allows airlines to treat emotional support animals as pets, providing access only to service dogs trained to assist individuals with disabilities.

Fair Housing Act (FHA) & Rehabilitation Act

The U.S. Department of Housing and Urban Development (HUD) enforces the FHA (42 U.S.C. § 3601 et seq.) and Section 504 of the Rehabilitation Act (29 U.S.C. § 794). These statutes classify ESAs under the broader umbrella of “assistance animals”. Housing providers must accommodate ESAs, even with no-pet policies, and cannot impose breed, size, or fee-based restrictions unless the animal poses a demonstrable direct threat. No training is required for an ESA to qualify.

Americans with Disabilities Act (ADA)

The ADA (42 U.S.C. § 12101 et seq.), enforced by the Department of Justice (DOJ), excludes ESAs from its service animal definition. Titles II and III apply to public accommodations and government services, granting access only to trained service dogs performing specific disability-related tasks. Emotional support alone does not qualify. However, under Title I (employment), the Equal Employment Opportunity Commission (EEOC) may treat ESA access as a reasonable accommodation if justified by documentation.

Air Carrier Access Act (ACAA)

In 2021, the U.S. Department of Transportation (DOT) revised ACAA regulations (14 CFR Part 382) to remove ESAs from the service animal category. Airlines may now treat ESAs as pets, allowing pet fees and travel restrictions. Only trained service dogs qualify for mandatory accommodation during flights.

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State ESA Laws

States may enact laws to further expand on the provisions of federal esa laws. There are 3 main state laws that govern emotional support animals:

ESA Documentation Regulations: States can govern the qualifications of the person who writes ESA letters.
Fraud and Misrepresentation Laws: Some states have laws that penalize the misrepresentation of pets as emotional support animals.
Breed–Specific Legislation (BSL) & ESA Protections: States can pass breed specific legislations, but ESAs are exempt per the FHA regulations.

ESA Documentation Regulations

Several states legislate who may issue ESA documentation and under what conditions:

California (Health & Safety Code § 122318): Requires a 30-day provider-client relationship and clinical evaluation.
Montana (MCA § 70-24-114, 70-33-110): Imposes similar documentation and evaluation standards.
Florida (Fla. Stat. § 760.27): Prohibits reliance on online-only providers; mandates in-person or valid telehealth assessments.

These state statutes build upon HUD’s flexible “reliable third-party” standard by adding procedural safeguards to reduce fraud.

Fraud & Misrepresentation Laws

Unlike federal laws, which lack criminal fraud penalties, 17 states enforce ESA fraud laws, and 34 states have service animal misrepresentation laws. Let’s look at 4 examples:

Alabama (§ 13A-11-230 to -235): Class C misdemeanor, $500 fine, and 100 hours of community service.
Texas (§ 38.151): Class B misdemeanor for falsely identifying an animal as a service dog.
Florida (§ 817.265): Second-degree misdemeanor for falsifying ESA need or documentation.
Tennessee (§ 39-14-208): Class B misdemeanor for ESA or service animal fraud.

These laws empower states to punish false claims, protect genuine ESA users, and deter abuse of public and housing protections.

Breed-Specific Legislation (BSL) & ESA Protections

Though many municipalities enforce breed-specific bans (e.g., against Pit Bulls), the FHA preempts breed exclusions for assistance animals. ESA-related BSL prohibitions vary by state:

Kentucky (KRS § 383.085): Prohibits landlords from denying ESA accommodation based on breed, size, or fear.
Wisconsin (Stat. § 106.50): Forbids any restrictions based on breed, size, or weight of an ESA.

States reinforce the FHA’s requirement that landlords must assess each animal individually based on behavior, not assumptions.

ESA laws operate as a federally anchored yet state-modulated legal system. While federal law guarantees housing access, it restricts ESA rights in public spaces and air travel. States supplement these rules by:

Defining documentation requirements
Regulating provider qualifications
Criminalizing misrepresentation
Overriding breed-based exclusions

Together, these layers form a nuanced framework that balances disability rights, public safety, and housing integrity across the United States.

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Emotional Support Animal Laws By State

Emotional support animal (ESA) laws vary widely across U.S. states in definition, documentation requirements, and fraud penalties. Federally, the Fair Housing Act (FHA) and Section 504 protect ESAs as “assistance animals,” allowing individuals with disabilities to keep them in housing regardless of pet restrictions. ESA letters (the recognized document to identify an emotional support animal) must be written by licensed health professionals, with states like California, Montana, Iowa, and Arkansas requiring a 30-day therapeutic relationship.

Fraud laws also differ across states with different penalties for misrepresenting ESAs or service animals, including fines, misdemeanors, or mandated community service. Breed-specific legislation (BSL) is restricted under federal housing law, which bars breed bans for ESAs unless the animal poses a direct threat. States like Wisconsin and Kentucky further protect ESAs by prohibiting breed, size, or weight-based exclusions in housing.

Let’s look at how each state defines ESAs, the state’s specific requirements for an ESA letter to be valid, the state’s fraud laws relating to emotional support animals and service animals, and the nature of breed specific legislation in the state and its municipalities.

State	Official ESA Definition	ESA Letter Requirements	ESA and Service Animal Fraud Laws	Breed Specific Legislation
Alabama	Alabama classifies Emotional Support Animals in the broader category of assistance animal that is defined as an animal, other than a service animal, that qualifies as a reasonable accommodation under the Fair Housing Act, Public Law 90-284, 42 U.S.C. § 3601, et seq., or Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 29 U.S.C. § 794. This is codified in Code of Alabama 1975 § 24-8A-2.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Code of Alabama 1975 § 24-8A-4: Intentional misrepresentation to obtain documentation or falsely claim ESA usage is unlawful. Penalties:• First offense: $500 civil penalty or Class C misdemeanor• Second/subsequent offense: Class B misdemeanor	No Breed-Specific Legislation allowed in Alabama: There is no state law banning specific breeds, and the state does not prohibit local breed-specific laws. Municipalities may have BSL. No explicit state preemption cited.
Alaska	Alaska does not have a specific statutory definition for Emotional Support Animals. However, they are recognized as animals that provide companionship and comfort but are not trained service animals.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Alaska does not preempt breed-specific laws. Municipalities such as Juneau and Sitka restrict certain breeds including Pit Bulls and Rottweilers.
Arizona	Arizona does not provide a specific ESA definition in statute. ESAs are described as animals offering comfort but not trained for specific tasks.	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Arizona Revised Statutes § 33-1318: Misrepresenting a pet as an ESA is a civil offense. Penalties: Fines up to $250	No Breed-Specific Legislation allowed in Arizona per Arizona Revised Statutes § 9-499.04 and § 11-1005: “A city or town may regulate the control of dogs if the regulation is not specific to any breed.”
Arkansas	Arkansas defines Emotional Support Animals as an animal that provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified per Arkansas Code Annotated § 20-14-1001.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Arkansas Code § 20-14-304: Misrepresentation includes false documentation or statements to obtain ESA housing access. Penalties: Civil fines and possible housing denial	Arkansas does not have a preemption law; local jurisdictions may enact BSL. Examples include restrictions on Pit Bulls and Rottweilers in cities like Maumelle and Lonoke.
California	California defines an emotional support animal as an animal that provides emotional, cognitive, or other similar support to an individual with a disability and is not a service animal under federal law. This is codified in Cal. Health & Safety Code § 122319.5(a).	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	California Health and Safety Code § 122318: Prohibits businesses from selling ESA letters unless conditions are met, and punishes misrepresentation Penalties: Civil penalties of up to $1,000 for fraudulent claims	California does not have a state-level preemption; local BSL is permitted. Jurisdictions such as San Bernardino, Lancaster, and Yucaipa have BSL restricting breeds like Pit Bulls.
Colorado	Colorado defines emotional support animals as assistance animals under the Fair Housing Act or Section 504 that do not require training and provide emotional support. This is found in Colo. Rev. Stat. § 24-34-803(2).	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Colorado Revised Statutes § 18-13-107.3: Makes it illegal to misrepresent an animal as an ESA or service animal Penalties: Petty offense, fine up to $500	No Breed-Specific Legislation allowed in Colorado per C.R.S. § 31-15-103: “A local government shall not adopt or enforce an ordinance or resolution that regulates dogs in a manner that is specific to breed.”
Connecticut	Connecticut does not define Emotional Support Animals in statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws identified in the documents	Connecticut has no statewide preemption. Some towns such as New Britain and Windsor Locks regulate breeds like Pit Bulls.
Delaware	Delaware does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Delaware Code Title 6 § 4504A: False claims to housing providers regarding ESAs are violations Penalties: Civil actions or denial of accommodation	Delaware does not prohibit BSL. Towns like Greenwood have BSL ordinances targeting Pit Bulls.
Florida	Florida defines an Emotional Support Animal as an animal that does not require training and provides support that alleviates one or more symptoms or effects of a person’s disability. This is defined in Fla. Stat. § 760.27(1)(b).	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Florida Statutes § 760.27: Prohibits false ESA claims and penalizes providers issuing fraudulent letters Penalties: Up to $500 fine and misdemeanor charges for false documentation	Florida has no state-level BSL ban. Municipalities like Miami-Dade County ban Pit Bulls (County Code § 5-17.1).
Georgia	Georgia does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Georgia Code § 16-11-107: Illegal to misrepresent a pet as a service animal or ESA Penalties: Misdemeanor offense	Georgia has no state-level preemption. Cities such as Albany and College Park have bans or restrictions on Pit Bulls and Rottweilers.
Hawaii	Hawaii does not provide a statutory definition of Emotional Support Animals. So ESAs are defined by federal law under Assistance Animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	HRS § 347-2.6: Misrepresenting an animal as a service animal is prohibited Penalties: Civil fine up to $100 for first offense, $250 for second offense, $500 for third/subsequent	Hawaii has no state preemption. The City and County of Honolulu and the island of Maui have BSL ordinances targeting breeds like Pit Bulls.
Idaho	Idaho does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Idaho Code § 18-5811A: Falsely claiming an ESA or service animal is a misdemeanor offense Penalties: Misdemeanor charge	Idaho does not have a breed-neutral law; cities like Blackfoot and Rexburg have Pit Bull bans.
Illinois	Illinois does not define Emotional Support Animals by statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	720 ILCS 5/17-33: Makes misrepresentation of a service animal a misdemeanor Penalties: Class C misdemeanor	Illinois does not prohibit BSL. Municipalities like Chicago and North Chicago regulate Pit Bulls.
Indiana	Indiana defines an ESA as a companion animal that provides therapeutic benefits to a person with a disability. Codified in Ind. Code § 22-9-7-6.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Indiana Code § 35-46-3-11.5: Unlawful to misrepresent an ESA or service animal Penalties: Class A infraction; landlord may evict if misrepresentation is proven	Indiana does not have a statewide ban. Local jurisdictions such as Gary and Marion have Pit Bull bans.
Iowa	Iowa does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Iowa Code § 216.8B: Prohibits fraudulent ESA documentation or requests Penalties: Eviction or civil liability possible; criminal charge not specified	Iowa has no preemption law. Cities like Council Bluffs and Muscatine restrict or ban Pit Bulls.
Kansas	Kansas does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Kansas Statutes § 39-1112: Misrepresenting an ESA is illegal under housing law Penalties: Misdemeanor; specific fines not stated	Kansas does not prohibit BSL. Cities like Overland Park and Topeka have breed-specific ordinances.
Kentucky	Kentucky defines Emotional Support Animals as companion animals that do not require training to perform specific tasks. (Ky. Rev. Stat. § 383.085)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Kentucky has no statewide restriction on BSL. Towns like Lexington and Shepherdsville restrict Pit Bulls.
Louisiana	Louisiana defines an ESA as a type of support animal that provides emotional or other support that ameliorates one or more identified symptoms or effects of a person’s disability. (La. Rev. Stat. § 46:1952(11))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	La. Rev. Stat. § 46:1956.1: Criminalizes knowingly providing false documentation for ESA accommodations Penalties: Misdemeanor; exact fine not specified	Louisiana does not have a preemption law. Cities like New Orleans and Leesville regulate Pit Bulls and other breeds.
Maine	Maine does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Me. Rev. Stat. tit. 17, § 1314-A: Fraudulently representing a service animal is illegal Penalties: Civil violation; up to $1,000 fine	No Breed-Specific Legislation allowed in Maine per Me. Rev. Stat. tit. 7 § 3950: “A municipality may not adopt breed-specific ordinances for dogs.”
Maryland	Maryland does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Maryland does not prohibit BSL. Towns like Prince George’s County ban Pit Bulls.
Massachusetts	Massachusetts does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Massachusetts allows local jurisdictions to enforce BSL. Towns such as Boston and Lynn have restricted breeds like Pit Bulls.
Michigan	Michigan does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	MCL § 752.61–62: Prohibits false ESA affidavits for housing Penalties: Misdemeanor; fine up to $500	Michigan does not preempt local BSL. Towns such as Waterford and Melvindale have ordinances targeting Pit Bulls.
Minnesota	Minnesota defines ESAs as animals that provide emotional support that alleviates the effects of a person’s disability and do not require training. (Minn. Stat. § 504B.113)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Minn. Stat. § 504B.113: Prohibits misrepresentation of ESAs in housing Penalties: Civil action, possible housing denial	Minnesota does not ban BSL. Cities like Minneapolis and Edina enforce BSL targeting breeds such as Pit Bulls.
Mississippi	Mississippi defines ESAs as comfort animals that do not require training. (Miss. Code § 43-6-153)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Miss. Code § 43-6-155: Unlawful to misrepresent an assistance animal or service animal Penalties: Misdemeanor offense	Mississippi has no state-level BSL restriction. Towns such as Brandon and Magee have Pit Bull regulations.
Missouri	Missouri does not provide a statutory definition for ESAs so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Mo. Rev. Stat. § 209.204: Prohibits false statements to obtain ESA housing access Penalties: Class B misdemeanor	Missouri does not prohibit BSL. Cities like Independence and Florissant regulate Pit Bulls and other breeds.
Montana	Montana defines ESAs as animals that provide emotional support and are not individually trained to perform tasks. (Mont. Code § 70-24-114(10)(a))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Mont. Code Ann. § 49-2-121: It is unlawful to misrepresent entitlement to an ESA in housing contexts Penalties: Civil remedies; fines and denial of accommodation possible	Montana does not have a breed-neutral law. Municipalities such as Glasgow and Hardin have Pit Bull restrictions.
Nebraska	Nebraska does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Neb. Rev. Stat. § 20-127: Prohibits misrepresentation of an ESA as a reasonable accommodation Penalties: Class III misdemeanor	Nebraska has no statewide BSL restriction. Cities like Seward and York ban Pit Bulls.
Nevada	Nevada does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	NRS § 426.805: It is unlawful to fraudulently represent an animal as a service animal Penalties: Misdemeanor; fines and potential jail time	No Breed-Specific Legislation allowed in Nevada per Nev. Rev. Stat. § 202.500(8): “A dog may not be found dangerous or vicious based solely on breed.”
New Hampshire	New Hampshire does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	RSA § 167-D:8: It is unlawful to knowingly misrepresent a service animal Penalties: Violation-level offense; specific fines not listed	New Hampshire does not have preemption; towns such as Manchester and Nashua have BSL provisions.
New Jersey	New Jersey does not define Emotional Support Animals by statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.J. Stat. § 10:5-29.5: Fraudulent representation of ESA or service animal subject to penalties Penalties: Civil fine up to $500	New Jersey does not prohibit BSL. Cities like Garfield and Jersey City have breed-based restrictions.
New Mexico	New Mexico defines an Emotional Support Animal as an animal that does not require specific training to perform tasks. (N.M. Stat. § 28-11-2(A))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.M. Stat. § 28-11-6: Misrepresenting the need or status of an assistance animal is a misdemeanor offense Penalties: Misdemeanor	No Breed-Specific Legislation allowed in New Mexico per N.M. Stat. § 77-1-18.2: “A rule shall not regulate a dog based solely on its breed.”
New York	New York does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	New York does not prohibit BSL. Cities like New York City and Hempstead regulate Pit Bulls and other breeds.
North Carolina	North Carolina does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.C. Gen. Stat. § 168-4.5: Knowingly misrepresenting an animal as a service or support animal is unlawful Penalties: Civil penalty up to $250	North Carolina does not preempt local BSL. Municipalities like Lumberton and Thomasville restrict breeds like Pit Bulls.
North Dakota	North Dakota does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.D. Cent. Code § 47-16-07.6: Falsifying ESA documentation for housing is a criminal infraction Penalties: Fine up to $1,000	North Dakota does not ban BSL. Cities like Beulah and Mandan have breed-specific ordinances targeting Pit Bulls.
Ohio	Ohio does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Ohio does not prohibit BSL. Cities such as Reynoldsburg and Lakewood have Pit Bull bans or restrictions.
Oklahoma	Oklahoma excludes ESAs from the definition of service animals. (Okla. Stat. tit. 4, § 801(A)(1))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	4 Okla. Stat. § 13.2(A): Makes it a misdemeanor to misrepresent ESA or documentation if issued without proper professional relationship Penalties: Misdemeanor; exact fine not specified	Oklahoma does not have a breed-neutral law. Cities like Harrah and Pauls Valley restrict breeds like Pit Bulls.
Oregon	Oregon does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	No Breed-Specific Legislation allowed in Oregon per ORS § 609.115(2): “Local ordinances may not regulate dogs based solely on breed.”
Pennsylvania	Pennsylvania defines an ESA as an assistance animal that alleviates symptoms or effects of a person’s disability and does not require training. (68 Pa. Stat. § 405.2)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	68 Pa. Stat. § 405.6: Prohibits false ESA claims to housing providers Penalties: Summary offense or misdemeanor	Pennsylvania does not prohibit BSL. Cities such as Wilkes-Barre and Allentown regulate Pit Bulls and other breeds.
Rhode Island	Rhode Island does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	R.I. Gen. Laws § 40-9.1-3.1: Misrepresenting a service animal requires 30 hours of community service Penalties: Community service only; no criminal fine stated	Rhode Island allows local BSL. Pawtucket and Providence have breed-specific dog regulations.
South Carolina	South Carolina defines an ESA as a companion animal that provides reassurance to a person with a disability. (S.C. Code Ann. § 31-21-70(6))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	S.C. Code § 47-3-980: Prohibits ESA or service animal misrepresentation Penalties:• First offense: $250• Second offense: $500• Third and subsequent: $1,000	South Carolina does not prohibit BSL. Cities such as Greenwood and Latta regulate Pit Bulls.
South Dakota	South Dakota does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	S.D. Codified Laws § 20-13-43: Misrepresenting an ESA or falsifying documentation for housing is unlawful Penalties: Misdemeanor; fine up to $1,000	South Dakota does not prohibit BSL. Cities like Aberdeen and Madison restrict or ban Pit Bulls.
Tennessee	Tennessee does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Tenn. Code § 39-16-304: Illegal to knowingly misrepresent a service animal or ESA Penalties: Class B misdemeanor and up to 100 hours community service	Tennessee does not preempt BSL. Cities such as Dyersburg and White House enforce breed-specific rules targeting Pit Bulls.
Texas	Texas includes ESAs within “assistance animals” as defined under the Fair Housing Act. (Tex. Hum. Res. Code § 121.002(1))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Tex. Human Resources Code § 121.006: Falsely representing an animal as a service or support animal is unlawful Penalties: $300 fine and 30 hours of community service	Texas does not prohibit BSL. Cities like Garland and Missouri City restrict Pit Bulls.
Utah	Utah defines ESAs as animals that provide emotional support and qualify as a reasonable accommodation under the Fair Housing Act. (Utah Code § 26B-6-801(6))	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Utah Code § 26B-6-805: Prohibits misrepresentation or obtaining ESA documentation fraudulently Penalties: Misdemeanor offense	No Breed-Specific Legislation allowed in Utah per Utah Code § 10-8-65.7 and § 18-2-1: “A municipality or county may not adopt or enforce a breed-specific rule.”
Vermont	Vermont does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Vermont has no state preemption. Some localities may enforce BSL ordinances (specific examples not listed).
Virginia	Virginia does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Va. Code § 51.5-44.1: Misrepresentation of service or support animal is a Class 4 misdemeanor Penalties: Fine of up to $250	No Breed-Specific Legislation allowed in Virginia per VA. CODE ANN. § 3.2-6540.1(C) and § 3.2-6540(K)(1): “No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed…”
Washington	Washington does not provide a statutory definition for ESAs so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wash. Rev. Code § 49.60.222(5)(a): Housing providers can require reliable documentation; misrepresentation not directly penalized under this code	No Breed-Specific Legislation allowed in Washington per Wash. Rev. Code § 16.08.110(2): “A city or county may not prohibit possession of a dog based solely on its breed.”
West Virginia	West Virginia does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	West Virginia does not prohibit BSL. Cities such as Bluefield and Fairmont have breed-specific dog laws targeting Pit Bulls.
Wisconsin	Wisconsin defines an ESA as one that provides emotional support or companionship and is not trained for specific tasks. (Wis. Stat. § 106.50(2r)(br))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wis. Stat. § 106.50(2r): Prohibits misrepresentation to housing authorities Penalties: Housing denial; civil consequences possible	No Breed-Specific Legislation allowed in Wisconsin per Wis. Stat. § 66.0433(1m): “A political subdivision may not prohibit or regulate a dog based solely on breed.”
Wyoming	Wyoming defines ESAs as animals that provide emotional support alleviating symptoms of a disability and do not require training. (Wyo. Stat. § 35-13-201(a)(iv))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wyo. Stat. § 35-13-203: Misrepresentation of need for ESA accommodation or falsifying documentation is unlawful Penalties: Not specifically defined in statute	Wyoming does not preempt BSL. Cities such as Casper and Evansville regulate Pit Bulls.

State	Official ESA Definition	ESA Letter Requirements	ESA and Service Animal Fraud Laws	Breed Specific Legislation
Alabama	Alabama classifies Emotional Support Animals in the broader category of assistance animal that is defined as an animal, other than a service animal, that qualifies as a reasonable accommodation under the Fair Housing Act, Public Law 90-284, 42 U.S.C. § 3601, et seq., or Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 29 U.S.C. § 794. This is codified in Code of Alabama 1975 § 24-8A-2.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Code of Alabama 1975 § 24-8A-4: Intentional misrepresentation to obtain documentation or falsely claim ESA usage is unlawful. Penalties:• First offense: $500 civil penalty or Class C misdemeanor• Second/subsequent offense: Class B misdemeanor	No Breed-Specific Legislation allowed in Alabama: There is no state law banning specific breeds, and the state does not prohibit local breed-specific laws. Municipalities may have BSL. No explicit state preemption cited.
Alaska	Alaska does not have a specific statutory definition for Emotional Support Animals. However, they are recognized as animals that provide companionship and comfort but are not trained service animals.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Alaska does not preempt breed-specific laws. Municipalities such as Juneau and Sitka restrict certain breeds including Pit Bulls and Rottweilers.
Arizona	Arizona does not provide a specific ESA definition in statute. ESAs are described as animals offering comfort but not trained for specific tasks.	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Arizona Revised Statutes § 33-1318: Misrepresenting a pet as an ESA is a civil offense. Penalties: Fines up to $250	No Breed-Specific Legislation allowed in Arizona per Arizona Revised Statutes § 9-499.04 and § 11-1005: “A city or town may regulate the control of dogs if the regulation is not specific to any breed.”
Arkansas	Arkansas defines Emotional Support Animals as an animal that provides emotional, cognitive, or other similar support to an individual with a disability and does not need to be trained or certified per Arkansas Code Annotated § 20-14-1001.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Arkansas Code § 20-14-304: Misrepresentation includes false documentation or statements to obtain ESA housing access. Penalties: Civil fines and possible housing denial	Arkansas does not have a preemption law; local jurisdictions may enact BSL. Examples include restrictions on Pit Bulls and Rottweilers in cities like Maumelle and Lonoke.
California	California defines an emotional support animal as an animal that provides emotional, cognitive, or other similar support to an individual with a disability and is not a service animal under federal law. This is codified in Cal. Health & Safety Code § 122319.5(a).	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	California Health and Safety Code § 122318: Prohibits businesses from selling ESA letters unless conditions are met, and punishes misrepresentation Penalties: Civil penalties of up to $1,000 for fraudulent claims	California does not have a state-level preemption; local BSL is permitted. Jurisdictions such as San Bernardino, Lancaster, and Yucaipa have BSL restricting breeds like Pit Bulls.
Colorado	Colorado defines emotional support animals as assistance animals under the Fair Housing Act or Section 504 that do not require training and provide emotional support. This is found in Colo. Rev. Stat. § 24-34-803(2).	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Colorado Revised Statutes § 18-13-107.3: Makes it illegal to misrepresent an animal as an ESA or service animal Penalties: Petty offense, fine up to $500	No Breed-Specific Legislation allowed in Colorado per C.R.S. § 31-15-103: “A local government shall not adopt or enforce an ordinance or resolution that regulates dogs in a manner that is specific to breed.”
Connecticut	Connecticut does not define Emotional Support Animals in statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws identified in the documents	Connecticut has no statewide preemption. Some towns such as New Britain and Windsor Locks regulate breeds like Pit Bulls.
Delaware	Delaware does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Delaware Code Title 6 § 4504A: False claims to housing providers regarding ESAs are violations Penalties: Civil actions or denial of accommodation	Delaware does not prohibit BSL. Towns like Greenwood have BSL ordinances targeting Pit Bulls.
Florida	Florida defines an Emotional Support Animal as an animal that does not require training and provides support that alleviates one or more symptoms or effects of a person’s disability. This is defined in Fla. Stat. § 760.27(1)(b).	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Florida Statutes § 760.27: Prohibits false ESA claims and penalizes providers issuing fraudulent letters Penalties: Up to $500 fine and misdemeanor charges for false documentation	Florida has no state-level BSL ban. Municipalities like Miami-Dade County ban Pit Bulls (County Code § 5-17.1).
Georgia	Georgia does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Georgia Code § 16-11-107: Illegal to misrepresent a pet as a service animal or ESA Penalties: Misdemeanor offense	Georgia has no state-level preemption. Cities such as Albany and College Park have bans or restrictions on Pit Bulls and Rottweilers.
Hawaii	Hawaii does not provide a statutory definition of Emotional Support Animals. So ESAs are defined by federal law under Assistance Animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	HRS § 347-2.6: Misrepresenting an animal as a service animal is prohibited Penalties: Civil fine up to $100 for first offense, $250 for second offense, $500 for third/subsequent	Hawaii has no state preemption. The City and County of Honolulu and the island of Maui have BSL ordinances targeting breeds like Pit Bulls.
Idaho	Idaho does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Idaho Code § 18-5811A: Falsely claiming an ESA or service animal is a misdemeanor offense Penalties: Misdemeanor charge	Idaho does not have a breed-neutral law; cities like Blackfoot and Rexburg have Pit Bull bans.
Illinois	Illinois does not define Emotional Support Animals by statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	720 ILCS 5/17-33: Makes misrepresentation of a service animal a misdemeanor Penalties: Class C misdemeanor	Illinois does not prohibit BSL. Municipalities like Chicago and North Chicago regulate Pit Bulls.
Indiana	Indiana defines an ESA as a companion animal that provides therapeutic benefits to a person with a disability. Codified in Ind. Code § 22-9-7-6.	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Indiana Code § 35-46-3-11.5: Unlawful to misrepresent an ESA or service animal Penalties: Class A infraction; landlord may evict if misrepresentation is proven	Indiana does not have a statewide ban. Local jurisdictions such as Gary and Marion have Pit Bull bans.
Iowa	Iowa does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Iowa Code § 216.8B: Prohibits fraudulent ESA documentation or requests Penalties: Eviction or civil liability possible; criminal charge not specified	Iowa has no preemption law. Cities like Council Bluffs and Muscatine restrict or ban Pit Bulls.
Kansas	Kansas does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Kansas Statutes § 39-1112: Misrepresenting an ESA is illegal under housing law Penalties: Misdemeanor; specific fines not stated	Kansas does not prohibit BSL. Cities like Overland Park and Topeka have breed-specific ordinances.
Kentucky	Kentucky defines Emotional Support Animals as companion animals that do not require training to perform specific tasks. (Ky. Rev. Stat. § 383.085)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Kentucky has no statewide restriction on BSL. Towns like Lexington and Shepherdsville restrict Pit Bulls.
Louisiana	Louisiana defines an ESA as a type of support animal that provides emotional or other support that ameliorates one or more identified symptoms or effects of a person’s disability. (La. Rev. Stat. § 46:1952(11))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	La. Rev. Stat. § 46:1956.1: Criminalizes knowingly providing false documentation for ESA accommodations Penalties: Misdemeanor; exact fine not specified	Louisiana does not have a preemption law. Cities like New Orleans and Leesville regulate Pit Bulls and other breeds.
Maine	Maine does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Me. Rev. Stat. tit. 17, § 1314-A: Fraudulently representing a service animal is illegal Penalties: Civil violation; up to $1,000 fine	No Breed-Specific Legislation allowed in Maine per Me. Rev. Stat. tit. 7 § 3950: “A municipality may not adopt breed-specific ordinances for dogs.”
Maryland	Maryland does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Maryland does not prohibit BSL. Towns like Prince George’s County ban Pit Bulls.
Massachusetts	Massachusetts does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Massachusetts allows local jurisdictions to enforce BSL. Towns such as Boston and Lynn have restricted breeds like Pit Bulls.
Michigan	Michigan does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	MCL § 752.61–62: Prohibits false ESA affidavits for housing Penalties: Misdemeanor; fine up to $500	Michigan does not preempt local BSL. Towns such as Waterford and Melvindale have ordinances targeting Pit Bulls.
Minnesota	Minnesota defines ESAs as animals that provide emotional support that alleviates the effects of a person’s disability and do not require training. (Minn. Stat. § 504B.113)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Minn. Stat. § 504B.113: Prohibits misrepresentation of ESAs in housing Penalties: Civil action, possible housing denial	Minnesota does not ban BSL. Cities like Minneapolis and Edina enforce BSL targeting breeds such as Pit Bulls.
Mississippi	Mississippi defines ESAs as comfort animals that do not require training. (Miss. Code § 43-6-153)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Miss. Code § 43-6-155: Unlawful to misrepresent an assistance animal or service animal Penalties: Misdemeanor offense	Mississippi has no state-level BSL restriction. Towns such as Brandon and Magee have Pit Bull regulations.
Missouri	Missouri does not provide a statutory definition for ESAs so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Mo. Rev. Stat. § 209.204: Prohibits false statements to obtain ESA housing access Penalties: Class B misdemeanor	Missouri does not prohibit BSL. Cities like Independence and Florissant regulate Pit Bulls and other breeds.
Montana	Montana defines ESAs as animals that provide emotional support and are not individually trained to perform tasks. (Mont. Code § 70-24-114(10)(a))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Mont. Code Ann. § 49-2-121: It is unlawful to misrepresent entitlement to an ESA in housing contexts Penalties: Civil remedies; fines and denial of accommodation possible	Montana does not have a breed-neutral law. Municipalities such as Glasgow and Hardin have Pit Bull restrictions.
Nebraska	Nebraska does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Neb. Rev. Stat. § 20-127: Prohibits misrepresentation of an ESA as a reasonable accommodation Penalties: Class III misdemeanor	Nebraska has no statewide BSL restriction. Cities like Seward and York ban Pit Bulls.
Nevada	Nevada does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	NRS § 426.805: It is unlawful to fraudulently represent an animal as a service animal Penalties: Misdemeanor; fines and potential jail time	No Breed-Specific Legislation allowed in Nevada per Nev. Rev. Stat. § 202.500(8): “A dog may not be found dangerous or vicious based solely on breed.”
New Hampshire	New Hampshire does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	RSA § 167-D:8: It is unlawful to knowingly misrepresent a service animal Penalties: Violation-level offense; specific fines not listed	New Hampshire does not have preemption; towns such as Manchester and Nashua have BSL provisions.
New Jersey	New Jersey does not define Emotional Support Animals by statute so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.J. Stat. § 10:5-29.5: Fraudulent representation of ESA or service animal subject to penalties Penalties: Civil fine up to $500	New Jersey does not prohibit BSL. Cities like Garfield and Jersey City have breed-based restrictions.
New Mexico	New Mexico defines an Emotional Support Animal as an animal that does not require specific training to perform tasks. (N.M. Stat. § 28-11-2(A))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.M. Stat. § 28-11-6: Misrepresenting the need or status of an assistance animal is a misdemeanor offense Penalties: Misdemeanor	No Breed-Specific Legislation allowed in New Mexico per N.M. Stat. § 77-1-18.2: “A rule shall not regulate a dog based solely on its breed.”
New York	New York does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	New York does not prohibit BSL. Cities like New York City and Hempstead regulate Pit Bulls and other breeds.
North Carolina	North Carolina does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.C. Gen. Stat. § 168-4.5: Knowingly misrepresenting an animal as a service or support animal is unlawful Penalties: Civil penalty up to $250	North Carolina does not preempt local BSL. Municipalities like Lumberton and Thomasville restrict breeds like Pit Bulls.
North Dakota	North Dakota does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	N.D. Cent. Code § 47-16-07.6: Falsifying ESA documentation for housing is a criminal infraction Penalties: Fine up to $1,000	North Dakota does not ban BSL. Cities like Beulah and Mandan have breed-specific ordinances targeting Pit Bulls.
Ohio	Ohio does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Ohio does not prohibit BSL. Cities such as Reynoldsburg and Lakewood have Pit Bull bans or restrictions.
Oklahoma	Oklahoma excludes ESAs from the definition of service animals. (Okla. Stat. tit. 4, § 801(A)(1))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	4 Okla. Stat. § 13.2(A): Makes it a misdemeanor to misrepresent ESA or documentation if issued without proper professional relationship Penalties: Misdemeanor; exact fine not specified	Oklahoma does not have a breed-neutral law. Cities like Harrah and Pauls Valley restrict breeds like Pit Bulls.
Oregon	Oregon does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	No Breed-Specific Legislation allowed in Oregon per ORS § 609.115(2): “Local ordinances may not regulate dogs based solely on breed.”
Pennsylvania	Pennsylvania defines an ESA as an assistance animal that alleviates symptoms or effects of a person’s disability and does not require training. (68 Pa. Stat. § 405.2)	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	68 Pa. Stat. § 405.6: Prohibits false ESA claims to housing providers Penalties: Summary offense or misdemeanor	Pennsylvania does not prohibit BSL. Cities such as Wilkes-Barre and Allentown regulate Pit Bulls and other breeds.
Rhode Island	Rhode Island does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	R.I. Gen. Laws § 40-9.1-3.1: Misrepresenting a service animal requires 30 hours of community service Penalties: Community service only; no criminal fine stated	Rhode Island allows local BSL. Pawtucket and Providence have breed-specific dog regulations.
South Carolina	South Carolina defines an ESA as a companion animal that provides reassurance to a person with a disability. (S.C. Code Ann. § 31-21-70(6))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	S.C. Code § 47-3-980: Prohibits ESA or service animal misrepresentation Penalties:• First offense: $250• Second offense: $500• Third and subsequent: $1,000	South Carolina does not prohibit BSL. Cities such as Greenwood and Latta regulate Pit Bulls.
South Dakota	South Dakota does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	S.D. Codified Laws § 20-13-43: Misrepresenting an ESA or falsifying documentation for housing is unlawful Penalties: Misdemeanor; fine up to $1,000	South Dakota does not prohibit BSL. Cities like Aberdeen and Madison restrict or ban Pit Bulls.
Tennessee	Tennessee does not provide a statutory definition for Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Tenn. Code § 39-16-304: Illegal to knowingly misrepresent a service animal or ESA Penalties: Class B misdemeanor and up to 100 hours community service	Tennessee does not preempt BSL. Cities such as Dyersburg and White House enforce breed-specific rules targeting Pit Bulls.
Texas	Texas includes ESAs within “assistance animals” as defined under the Fair Housing Act. (Tex. Hum. Res. Code § 121.002(1))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Tex. Human Resources Code § 121.006: Falsely representing an animal as a service or support animal is unlawful Penalties: $300 fine and 30 hours of community service	Texas does not prohibit BSL. Cities like Garland and Missouri City restrict Pit Bulls.
Utah	Utah defines ESAs as animals that provide emotional support and qualify as a reasonable accommodation under the Fair Housing Act. (Utah Code § 26B-6-801(6))	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Utah Code § 26B-6-805: Prohibits misrepresentation or obtaining ESA documentation fraudulently Penalties: Misdemeanor offense	No Breed-Specific Legislation allowed in Utah per Utah Code § 10-8-65.7 and § 18-2-1: “A municipality or county may not adopt or enforce a breed-specific rule.”
Vermont	Vermont does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	Vermont has no state preemption. Some localities may enforce BSL ordinances (specific examples not listed).
Virginia	Virginia does not provide a statutory definition of Emotional Support Animals so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be from a licensed health professional with a provider–patient relationship of at least 30 days. The licensed health professionals must have knowledge of the patient’s emotional or mental disability and the emotional support animal’s ability to alleviate the condition’s symptoms.	Va. Code § 51.5-44.1: Misrepresentation of service or support animal is a Class 4 misdemeanor Penalties: Fine of up to $250	No Breed-Specific Legislation allowed in Virginia per VA. CODE ANN. § 3.2-6540.1(C) and § 3.2-6540(K)(1): “No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed…”
Washington	Washington does not provide a statutory definition for ESAs so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wash. Rev. Code § 49.60.222(5)(a): Housing providers can require reliable documentation; misrepresentation not directly penalized under this code	No Breed-Specific Legislation allowed in Washington per Wash. Rev. Code § 16.08.110(2): “A city or county may not prohibit possession of a dog based solely on its breed.”
West Virginia	West Virginia does not provide a statutory ESA definition so ESAs are defined by federal law as assistance animals that “work, provide assistance, or perform tasks that benefit persons with disabilities, or provide emotional support to alleviate a symptom of effect of a disability”	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	No ESA or Service Animal Fraud Laws	West Virginia does not prohibit BSL. Cities such as Bluefield and Fairmont have breed-specific dog laws targeting Pit Bulls.
Wisconsin	Wisconsin defines an ESA as one that provides emotional support or companionship and is not trained for specific tasks. (Wis. Stat. § 106.50(2r)(br))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wis. Stat. § 106.50(2r): Prohibits misrepresentation to housing authorities Penalties: Housing denial; civil consequences possible	No Breed-Specific Legislation allowed in Wisconsin per Wis. Stat. § 66.0433(1m): “A political subdivision may not prohibit or regulate a dog based solely on breed.”
Wyoming	Wyoming defines ESAs as animals that provide emotional support alleviating symptoms of a disability and do not require training. (Wyo. Stat. § 35-13-201(a)(iv))	ESA Letter must be written by a licensed health professional with a provider-patient relationship with the client. The health care professional must know of the patient’s emotional or mental disability and the ability of the emotional support animal to alleviate the symptoms of the conditions.	Wyo. Stat. § 35-13-203: Misrepresentation of need for ESA accommodation or falsifying documentation is unlawful Penalties: Not specifically defined in statute	Wyoming does not preempt BSL. Cities such as Casper and Evansville regulate Pit Bulls.

Differences Between ESA Laws and Service Animal Laws

Federal and state laws classify emotional support animals (ESAs) and service animals under distinct legal frameworks. These classifications affect public access, documentation requirements, and accommodations in housing and travel.

Under the Americans with Disabilities Act (ADA), service animals are defined as dogs (and in limited cases, miniature horses) individually trained to perform tasks directly related to a person’s disability. The ADA explicitly excludes public access accommodations from dogs whose only function is to provide emotional comfort.

ADA protections apply in public accommodations, such as restaurants, hotels, schools, and government buildings. These settings must allow access for service animals, and staff may only ask limited questions about the animal’s function.

In contrast, the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act recognize ESAs as “assistance animals,” even if they are not task-trained. This means individuals with disabilities may live with ESAs in housing that otherwise prohibits pets. Housing providers must make reasonable accommodations without charging pet deposits or imposing breed or weight restrictions.

The Air Carrier Access Act (ACAA), updated by the Department of Transportation in 2021, no longer classifies ESAs as service animals. Airlines are allowed to treat ESAs as pets, enforcing fees, carrier restrictions, and documentation requirements. Some airlines are still ESA friendly, and will accommodate emotional support animals in their policies.

Service Dog vs Emotional Support Dog Laws

A service dog is legally recognized under the ADA when trained to perform specific tasks related to an individual’s disability, such as alerting to seizures or guiding a person with visual impairments. These dogs are granted public access rights and may accompany their handlers nearly everywhere.

In contrast, an emotional support dog offers psychological comfort through companionship but lacks specialized task training. ESAs are not recognized as service animals under the ADA or ACAA. However, under the FHA, they may qualify as necessary support for housing accommodations.

Psychiatric service dogs (PSDs) sit in a middle ground. They are task-trained—e.g., interrupting panic attacks—and are legally considered service animals under ADA and ACAA.

What Disabilities Qualify for an Emotional Support Animal?

To qualify for an ESA, an individual must have a disability as defined by federal law—specifically, a physical or mental impairment that substantially limits one or more major life activities, such as walking, working, or concentrating. Common qualifying conditions include anxiety, PTSD, depression, and phobias.

There must be a disability-related need for the ESA. This means the animal must alleviate symptoms or effects of the disability. If this need is not obvious, housing providers may request documentation from a licensed healthcare provider familiar with the individual’s condition.

What are Emotional Support Animal Rights?

The FHA mandates that housing providers offer reasonable accommodations to individuals with disabilities who have a legitimate need for an ESA. This includes waiving pet bans, breed restrictions, and extra pet fees.

Outside of housing, ESAs have no legal right to public access under the ADA. Businesses are not required to admit ESAs. Airlines may also deny ESA travel under the updated ACAA, treating them as pets instead of service animals.

Some states reinforce federal law by protecting ESA housing rights and penalizing misrepresentation or fraudulent documentation.

What to Do If Your ESA Rights Are Violated?

If a landlord or housing provider unlawfully denies ESA accommodation:

File a complaint with HUD (U.S. Department of Housing and Urban Development).
Contact the U.S. Department of Justice or a state civil rights agency (e.g., California Civil Rights Department).
Seek legal representation to pursue civil litigation for discrimination.

Documentation and credible evidence will be critical. Ensure that the healthcare professional providing the ESA letter meets any applicable state requirements.

Responsibilities of an Emotional Support Animal Owner?

ESA ownership carries legal and ethical responsibilities, even though the animal does not need specific training.

Behavior and Control: The ESA must be well-behaved, housebroken, and not pose a threat. Landlords may remove animals that are dangerous or disruptive.

Supervision: The owner is solely responsible for the animal’s care and supervision; housing providers are not obligated to assist.

Damage Liability: ESA owners may be held liable for any damage caused by the animal to the property or other tenants.

Vaccination and Licensing: Compliance with local licensing and vaccination laws is mandatory.

What is Emotional Support Animal Training?

ESAs do not require formal training. Their role is to alleviate psychological distress through presence and companionship. However, good behavior and basic obedience are often expected, especially in housing situations.

Unlike service animals, which must be trained to perform specific disability-related tasks, ESAs offer passive emotional support. No federal or state law mandates specialized ESA training.

Emotional Support Animal Registration and Certification

There is no federal registry or certification requirement for emotional support animals. Online registration services offering ID cards or certificates have no legal authority.

What matters is documentation from a qualified healthcare professional affirming:

The individual’s disability.
The therapeutic role of the ESA in mitigating symptoms.

Documentation is particularly necessary when the disability or need is not immediately observable. Housing providers are prohibited from requiring specific forms, notarized letters, or medical records disclosing diagnoses.

FAQ – Emotional Support Animal Laws

Are emotional support animals protected?

Yes—but only in housing under the Fair Housing Act. ESAs do not have public access rights under the ADA, nor do they qualify as service animals for air travel under the ACAA.

What are the Fair Housing Act Emotional Support Animal Law?

The FHA classifies ESAs as “assistance animals.” Housing providers must grant reasonable accommodations to tenants with disabilities who need an ESA. Providers may not:

Charge pet fees.
Impose breed or weight restrictions.
Deny accommodation based on a “no pets” policy.

Denial is only permissible if the ESA poses a documented threat or causes undue burden.

Can an Apartment Deny an Emotional Support Animal?

Yes an apartment can deny an ESA, but only if:

The ESA poses a direct threat to others’ health or safety.
The accommodation causes undue financial or administrative burden.
The animal’s presence would fundamentally alter the housing provider’s services.

Each case must be assessed individually. Generalized fears about breed, size, or stereotypes do not justify denial.

Can a Landlord Deny an Emotional Support Animal?

Yes, landlords can deny ESA requests only under limited, legally justifiable circumstances, such as property damage history or health threats from the specific animal.

Where Do Healthcare Providers Need 30 Days Before Writing ESA Letters?

Six states have enacted statutes to curb fraudulent ESA documentation by requiring an established provider-patient relationship:

California: Requires 30-day clinical relationship and a written notice from ESA sellers (Health & Safety Code § 122318).
Montana: Mandates a 30-day relationship and clinical evaluation (MCA 70-24-114; 70-33-110).
Florida: Prohibits letters from “online-only” providers; one in-person or telehealth appointment is required (Fla. Stat. § 760.27).
Iowa: Requires a 30-day relationship with a treating provider (Iowa Code § 216.8C).
Arkansas: Documentation must come from an established, treating provider (Act 268, § 20-14-1003).
Colorado: Provider must have met the patient, be licensed, and qualified to assess disability needs (CRS § 12-245-229).

These laws enhance ESA legitimacy while upholding the FHA standard for “reliable third-party documentation.”

Navigating ESA Laws with Confidence

Understanding the complex landscape of emotional support animal laws by state is essential to protecting your rights and ensuring your ESA is recognized where you live. While federal laws like the Fair Housing Act provide important baseline protections, state-specific regulations can vary widely — from documentation requirements to penalties for fraud. Knowing both levels of regulation helps you avoid common pitfalls and secures your access to housing accommodations.

Remember, a valid ESA letter from a licensed mental health professional is your strongest legal safeguard. Avoid unofficial registrations and suspicious sites promising easy certification without proper evaluation. If you face any challenges or discrimination, document everything and seek help from authorities or legal advocates.

When in doubt, rely on trusted providers who understand your state’s laws — like us— to guide you through the process safely and legally. With the right information and support, you can confidently navigate ESA laws and enjoy the benefits your emotional support animal provides.

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Emotional Support Animal Laws by State: Updated Guide 2025

What Are Emotional Support Animal Laws (ESA Laws)?

Federal ESA Laws

Fair Housing Act (FHA) & Rehabilitation Act

Americans with Disabilities Act (ADA)

Air Carrier Access Act (ACAA)

Get your Official ESA Letter Consultation from a licensed therapist.

State ESA Laws

ESA Documentation Regulations

Fraud & Misrepresentation Laws

Breed-Specific Legislation (BSL) & ESA Protections

Get your Official ESA Letter Consultation from a licensed therapist.

Emotional Support Animal Laws By State

Differences Between ESA Laws and Service Animal Laws

Service Dog vs Emotional Support Dog Laws

What Disabilities Qualify for an Emotional Support Animal?

What are Emotional Support Animal Rights?

What to Do If Your ESA Rights Are Violated?

Responsibilities of an Emotional Support Animal Owner?

What is Emotional Support Animal Training?

Emotional Support Animal Registration and Certification

FAQ – Emotional Support Animal Laws

Are emotional support animals protected?

What are the Fair Housing Act Emotional Support Animal Law?

Can an Apartment Deny an Emotional Support Animal?

Can a Landlord Deny an Emotional Support Animal?

Where Do Healthcare Providers Need 30 Days Before Writing ESA Letters?

Navigating ESA Laws with Confidence

Get your Official ESA Letter Consultation from a licensed therapist.

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