ESA Laws by State (2026): All 50 States and D.C. Compared

How to read the table

State law

This is the state's fair housing law, the one that makes refusing a reasonable accommodation for a person with a disability a form of discrimination. Below it you will see whether the state also has its own statute on support or assistance animals. Having one does not always mean more hurdles: in several states that statute mainly clarifies what documentation is enough and punishes fraud.

Who can document the need

This is the difference that matters most when you get a letter. Most states say nothing specific, so the general rule applies: a licensed professional who knows your situation. Others require a provider licensed in the state, a therapeutic relationship or direct knowledge of the disability, or they exclude providers whose only business is selling letters. A few require a minimum relationship period or an in person first contact in some cases.

Charges for the animal

We mark “Statute” when a state law limits pet rent, deposits or fees for the animal, and “Official guidance” when a state agency says so in its publications. Where there is no state rule, an approved accommodation usually avoids those charges, but read your state's guide. Either way, you remain responsible for real damage your animal causes.

Penalty for lying

Some states fine people, or treat it as a misdemeanor, when they invent a disability, present fake documents or pass a pet off as an assistance animal. Where the penalty only covers service dogs in public places, the table says so.

State complaint

This is the agency that takes housing discrimination complaints and the deadline to file. Deadlines run from 180 days to 3 years. Mississippi and Wyoming have no state agency that investigates these complaints, and each state guide explains the alternatives.

The states with the strictest letter rules

In these 7 states the law requires, at least in some cases, a minimum relationship period with the provider or an in person contact before the need is documented. If you live in one of them, plan ahead.

• Arkansas. For dogs only: licensed provider with a client relationship of at least 30 days and a yearly evaluation (sec. 20-14-1003).
• California. For dogs: licensed provider, client relationship of at least 30 days and a clinical evaluation (Health and Safety Code § 122318).
• Colorado. Mental health licensees and nurses must have met the patient in person; physicians in person or by telemedicine (C.R.S. 12-245-229).
• Florida. Licensed or telehealth provider with personal knowledge; out of state providers need at least one in person visit (s. 760.27(2)(b)).
• Iowa. Written finding must certify whether a 30 day relationship existed; the state form requires certifying it (Iowa Code 216.8C).
• Louisiana. Louisiana or compact license, therapeutic relationship and clinical evaluation 30 days before, and two sessions (R.S. 46:1974).
• Montana. Montana licensed mental health professional with a 30 day client relationship and a clinical evaluation (MCA 70-24-114).

Where state law or a state agency limits charges for the animal

These 13 states put it in a statute:

• Florida. Statute says the person may not be required to pay extra compensation for an approved ESA (s. 760.27(2)).
• Hawaii. Statute bars a pet deposit for an assistance animal (HRS 521-44(b)); HCRC says monthly pet fees are also unlawful.
• Illinois. Statute bars pet deposits, pet fees and special liability insurance for assistance animals (310 ILCS 120/10(f)).
• Indiana. Statute bars any fee to keep an emotional support animal in the dwelling (IC 22-9-7-13).
• Kentucky. Statute bars pet fees, deposits and extra rent for the animal (KRS 383.085(4)).
• Maine. Statute bars conditioning the assistance animal on a fee or security deposit (5 M.R.S. § 4582-A(3)).
• Minnesota. Statute bars any added fee, charge or deposit for the animal (Minn. Stat. 504B.113, subd. 3).
• North Dakota. Statute bars a pet deposit for a companion animal needed as an accommodation (N.D.C.C. 47-16-07.1(2)).
• Oregon. Statute bars a pet security deposit for a companion animal needed as an accommodation (ORS 90.300(4)).
• Utah. Statute bars an extra fee or deposit for a support animal; the tenant pays for damage (Utah Code 26B-6-803(1)(b)).
• Virginia. Statute bars a pet fee, deposit or additional rent for an assistance animal (§ 36-96.3:1(A)).
• West Virginia. Statute bars conditioning the accommodation on a fee or deposit (§16B-18-5(f)(10)(D)).
• Wisconsin. Statute treats requiring extra compensation for an ESA as discrimination (s. 106.50(2r)(br)1.).

In these 13, a state agency says so in official guidance or rules:

• Alaska. ASCHR 2025 brochure says providers must make exceptions to pet deposits for assistance animals.
• California. State regulation and CRD bar pet fees, extra rent and extra deposits for assistance animals (2 CCR § 12185(d)(2)).
• Iowa. State civil rights agency fact sheet (revised 2015) says pet deposits and fees are not allowed; the statute is silent.
• Maryland. State civil rights agency guidance (2026) bars fees and deposits for an ESA, including request processing fees.
• Massachusetts. State disability office says no pet fees or deposits for assistance animals; up front pet fees are barred for all tenants.
• Missouri. Governor's Council on Disability flyer (2023) says tenants do not have to pay a fee or deposit for the animal.
• Nebraska. State commission guide for landlords says pet deposits should be waived and fees are not allowed for companion animals.
• New Jersey. State civil rights agency fact sheet (2022) bars an extra security deposit, pet fee or renter's insurance for an ESA.
• New York. State housing agency guidance (2019) says approval may not be conditioned on a fee or deposit.
• Ohio. OCRC rule bars extra charges for an animal assistant (OAC 4112-5-07(C)); a 2019 Attorney General article includes ESAs.
• Pennsylvania. The PHRC lists charging a fee for a support animal as an example of illegal housing discrimination.
• South Carolina. Human Affairs Commission lists charging extra rent or fees for an assistance animal as discrimination.
• Vermont. The Vermont Human Rights Commission says landlords cannot charge a pet deposit for assistance animals.

The other states have no written state rule on these charges. With an approved accommodation, pet rent and pet deposits are usually not charged, but nothing is automatic, so get your landlord's answer in writing.

Fines and consequences for lying

These 18 states set fines, misdemeanors or lease consequences for people who lie about their need or present fake documents. A letter signed by a licensed professional after a real evaluation is the best protection.

• Alabama. $500 civil penalty or Class C misdemeanor for a first offense; Class B misdemeanor after (sec. 24-8A-4 and 24-8A-5).
• Colorado. Civil infraction after a prior warning: $25 first, $50 to $200 second, $100 to $500 after (C.R.S. 18-13-107.3).
• Florida. Second degree misdemeanor, up to 60 days and $500, plus 30 hours of community service (s. 817.265).
• Indiana. Class A infraction, judgment up to $10,000, for tenant or provider misrepresentation (IC 22-9-7-12, IC 34-28-5-4).
• Kentucky. Fine up to $1,000 for misrepresentation (KRS 383.085(6) and (7)).
• Louisiana. Fines up to $500, then $1,000, then $2,500 for false support animal claims or noncompliant letters (R.S. 46:1977).
• Maine. Civil violation, fine up to $1,000 per occurrence, for misrepresentation or false documents (17 M.R.S. § 1314-A).
• Minnesota. Statute bars misrepresentation and fraudulent documents; the landlord may deny the request, no fine (504B.113, subd. 4 and 5).
• Missouri. Class C misdemeanor, up to $750 and 15 days, plus actual damages; a repeat is class B (RSMo 209.204.3).
• North Dakota. Infraction with a fine up to $1,000; the landlord may evict and collect a damage fee up to $1,000 (N.D.C.C. 47-16-07.6).
• Oklahoma. After a false claim the landlord may use lease remedies and win up to $1,000 in damages (41 O.S. § 113.2(D)).
• Pennsylvania. False claims are a third degree misdemeanor (Act 118, sec. 5); false animal documents, fine up to $1,000 (sec. 6).
• South Dakota. Landlord may evict and collect a damage fee up to $1,000 for false claims or fake documentation (SDCL 43-32-36).
• Tennessee. Class B misdemeanor, up to 6 months and $500 (TCA 39-16-304); also a lease default (TCA 66-7-111(f)).
• Utah. Class C misdemeanor to falsely claim a support animal or lie to a provider to get documentation (Utah Code 26B-6-805(2)).
• Virginia. Fraudulent documentation violates the Consumer Protection Act, civil penalty up to $2,500 if willful (§ 36-96.3:1(F)).
• Wisconsin. Forfeiture of at least $500 for a tenant or professional who misrepresents the need (s. 106.50(2r)(br)5. and 6.).
• Wyoming. Misrepresenting an animal as an assistance animal is a misdemeanor, fine up to $750 (W.S. 35-13-203(b)).

Bills and changes worth watching

None of these is law today, but they show where some states are heading. We review this list every time we update the table.

• Arizona. HB 2068 (2025) dropped its documentation rules; the enacted law only defines assistance animals and limits landlord liability.
• Connecticut. 2025 bills on service animal fraud (S.B. 166, S.B. 1130, H.B. 5690) and an ESA registry (H.B. 6216) did not leave committee.
• Delaware. SB 219 (2024) would have penalized assistance animal misrepresentation; it died in committee.
• Hawaii. ESA seller disclaimer bills SB 1493 (2025), SB 2853 and HB 1994 (2026) were not enacted.
• Kansas. Assistance animal bills died (HB 2057 in 2022, SB 170 in 2024); none was filed in the 2025 to 2026 session.
• Massachusetts. H.1534 would create a commission to study ESAs in rental housing, including fraud; sent to House Rules in January 2026, not law.
• Michigan. ESA bills HB 4910 and HB 4911 were vetoed in 2020, and HB 5751 of 2022 did not pass; none is law.
• Mississippi. Bills to create a Mississippi Fair Housing Act (HB 89, SB 2421, SB 2685) died in committee on February 3, 2026.
• Nebraska. ESA bills LB553 (2019) and LB309 (2021) were indefinitely postponed; no similar bill was found for 2023 to 2026.
• New York. S9086 (2026) would set ESA documentation rules, let landlords reject telehealth only letters and add a misdemeanor.
• North Carolina. HB 796 (2019) on ESAs in rental units passed the House but stalled in a Senate committee.
• North Dakota. SB 2222 (2025) would have required two sessions and an evaluation 30 days before the letter; the Senate rejected it 44 to 1.
• Oklahoma. HB 3930 (2026), notice duties for ESA verification providers, passed the House and stalled in a Senate committee.
• Pennsylvania. PHRC proposed animal guidance is open for public comment until November 15, 2026; it is not final.
• Rhode Island. H 8215 (2026), requiring a Rhode Island license and a 30 day relationship, passed the House but got no Senate vote.
• South Dakota. HB 1218 (2023) and HB 1231 (2026) sought in state licensing and stricter letters; both failed in House committee.
• Texas. HB 5206 (2023), which would have defined ESAs and set guidelines for practitioners, did not become law.
• Washington, D.C.. Pets in Housing Amendment Act of 2024 would bar deposits for assistance animals; the code lists it as not funded.
• Wisconsin. AB 366 (2025) would have required a 30 day patient relationship; vetoed December 2025, override failed May 2026.

How we built this table

In October 2026 we reviewed each state's statutes on its official legislature website, plus the publications of its civil rights or housing agency. Where two official sources disagreed, we followed the statute and noted it in the state guide. Blogs and commercial sites were never used as the source of a rule.

This table is general information, not legal advice. Laws change, and a city or county ordinance can give more protection than state law. For a specific case, contact your state agency or a legal aid organization; each state guide lists them.

You can download the data in CSV format and cite it with a link to this page.