State guides
Emotional Support Animal Laws by State
Your housing rights come from one federal law, the Fair Housing Act. States then add their own rules on top: letter timelines, fraud penalties, and broader protections. Start with your state.
Here is how the 50 states compare on emotional support animals.
Counted from our fifty state guides, each of which cites the statute behind it.
25
states wrote emotional support animals into their own law.
4
states make you wait 30 days before a letter can be issued.
11
states bar pet fees for an ESA in their own law or rules.
16
states set a penalty for a false ESA claim in housing.
25 states have written emotional support animals into their own law.
The rest rely on a general fair-housing law, and Mississippi on the federal Fair Housing Act alone. Tap a state for its guide.
Every state's ESA housing rules fit in one table.
Pick a filter to see which states have their own law, a 30-day rule, a pet fee ban or a penalty for faking it. Every row links to its full guide.
| State | State law | 30-day rule | Pet fees | Penalty for a false claim |
|---|---|---|---|---|
| Alabama | Own ESA lawAla. Code § 24-8A-1 | No | Often waived with a letter | $500 civil penalty or a Class C misdemeanorAla. Code § 24-8A-4 |
| Alaska | State fair-housing lawAS 18.80.240 | No | Often waived with a letter | No state penalty listed |
| Arizona | State fair-housing lawA.R.S. § 41-1491.19 | No | Often waived with a letter | Only for faking a service animalA.R.S. § 11-1024 |
| Arkansas | Own ESA lawArk. Code § 20-14-1003 | Yes, for dogs | Often waived with a letter | Only for faking a service animal, up to $250Ark. Code § 20-14-310 |
| California | Own ESA lawCal. Health & Safety Code § 122318 | Yes, for dogs | Barred by state housing rules2 CCR § 12185 | No state penalty listed |
| Colorado | Own ESA lawColo. Rev. Stat. § 12-240-144 | No | Often waived with a letter | Civil infraction after a warning, fines from $25 to $500Colo. Rev. Stat. § 18-13-107.3 |
| Connecticut | State fair-housing lawConn. Gen. Stat. § 46a-64c | No | Often waived with a letter | No state penalty listed |
| Delaware | State fair-housing law6 Del. C. § 4603A | No | Often waived with a letter | No state penalty listed |
| Florida | Own ESA lawFla. Stat. § 760.27 | No | No extra charge once approvedFla. Stat. § 760.27 | Second-degree misdemeanor for fraudulent ESA papersFla. Stat. § 817.265 |
| Georgia | State fair-housing lawO.C.G.A. § 8-3-200 | No | Often waived with a letter | No state penalty listed |
| Hawaii | Own ESA lawHRS § 515-3 | No | Often waived with a letter | No state penalty listed |
| Idaho | State fair-housing lawIdaho Code Title 67, Chapter 59 | No | Often waived with a letter | No state penalty listed |
| Illinois | Own ESA law310 ILCS 120 | No | No pet rent, deposit or fee310 ILCS 120/10 | No state penalty listed |
| Indiana | Own ESA lawInd. Code ch. 22-9-7 | No | No fee to keep the animalInd. Code § 22-9-7-13 | Class A infraction, a fine of up to $10,000Ind. Code § 22-9-7-12 |
| Iowa | Own ESA lawIowa Code § 216.8B | No | Often waived with a letter | Only for faking a service animal, a simple misdemeanorIowa Code § 216C.11 |
| Kansas | State fair-housing lawK.S.A. 44-1016 | No | Often waived with a letter | No state penalty listed |
| Kentucky | Own ESA lawKRS 383.085 | No | No pet fee, deposit or extra rentKRS 383.085(4) | A fine of up to $1,000KRS 383.085(6) |
| Louisiana | Own ESA lawLa. R.S. 46:1971 | Yes | Often waived with a letter | Fines of up to $500, then $1,000, then $2,500La. R.S. 46:1977 |
| Maine | Own ESA law5 M.R.S. § 4582-A | No | No fee or security deposit5 M.R.S. § 4582-A(3) | No state penalty listed |
| Maryland | State fair-housing lawMd. Code, State Gov't § 20-706 | No | Often waived with a letter | No state penalty listed |
| Massachusetts | State fair-housing lawM.G.L. c. 151B | No | Often waived with a letter | No state penalty listed |
| Michigan | State fair-housing lawMCL 37.1506a | No | Often waived with a letter | Only for faking a service animal, a misdemeanorMCL 752.61-752.64 |
| Minnesota | Own ESA lawMinn. Stat. § 504B.113 | No | No added fee, charge or depositMinn. Stat. § 504B.113, subd. 3 | The landlord may deny the requestMinn. Stat. § 504B.113, subds. 4 and 5 |
| Mississippi | Federal law only42 U.S.C. § 3604(f)(3)(B) | No | Often waived with a letter | No state penalty listed |
| Missouri | Own ESA lawMo. Rev. Stat. § 209.204 | No | Often waived with a letter | Class C misdemeanor, class B for a repeatMo. Rev. Stat. § 209.204 |
| Montana | Own ESA lawMont. Code Ann. § 70-24-114 | Yes | Often waived with a letter | No state penalty listed |
| Nebraska | State fair-housing lawNebraska Fair Housing Act | No | Often waived with a letter | No state penalty listed |
| Nevada | Own ESA lawNRS 118.105 | No | Often waived with a letter | Only for faking a service animalNRS 426.805 |
| New Hampshire | State fair-housing lawRSA ch. 354-A | No | Often waived with a letter | No state penalty listed |
| New Jersey | State fair-housing lawN.J.S.A. 10:5-12 | No | No pet fee or extra deposit, as the state reads its lawDivision on Civil Rights | No state penalty listed |
| New Mexico | State fair-housing lawNMSA 1978, § 28-1-7 | No | Often waived with a letter | No state penalty listed |
| New York | Own ESA lawN.Y. Exec. Law § 296(18) | No | Often waived with a letter | No state penalty listed |
| North Carolina | State fair-housing lawN.C. Gen. Stat. § 41A-4 | No | Often waived with a letter | No state penalty listed |
| North Dakota | Own ESA lawN.D.C.C. § 47-16-07.5 | No | Often waived with a letter | An infraction, then eviction and a damage fee of up to $1,000N.D.C.C. § 47-16-07.6 |
| Ohio | State fair-housing lawOhio Rev. Code § 4112.02(H) | No | Often waived with a letter | No state penalty listed |
| Oklahoma | Own ESA law41 O.S. § 113.2 | No | Often waived with a letter | Lease remedies, court costs and up to $1,000 in damages41 O.S. § 113.2(D) |
| Oregon | State fair-housing lawORS 659A.145 | No | No pet security depositORS 90.300 | No state penalty listed |
| Pennsylvania | Own ESA law68 P.S. § 405.1 | No | Often waived with a letter | Third-degree misdemeanor, up to $1,000 for a fake document68 P.S. § 405.5 |
| Rhode Island | State fair-housing lawR.I. Gen. Laws ch. 34-37 | No | Often waived with a letter | No state penalty listed |
| South Carolina | State fair-housing lawS.C. Code § 31-21-70 | No | Often waived with a letter | Only for faking a service animal, $250 to $1,000S.C. Code § 47-3-980 |
| South Dakota | Own ESA lawSDCL 43-32-33 | No | Often waived with a letter | Eviction and a damage fee of up to $1,000SDCL 43-32-36 |
| Tennessee | Own ESA lawTenn. Code § 66-7-111 | No | You may ask for an exception to pet feesTenn. Code § 66-7-111(b) | A lease breach: the landlord may end the tenancyTenn. Code § 66-7-111(f) |
| Texas | State fair-housing lawTex. Prop. Code Ch. 301 | No | Often waived with a letter | No state penalty listed |
| Utah | State fair-housing lawUtah Code § 57-21-5 | No | Often waived with a letter | Knowingly faking an assistance animal is penalizedUtah Code § 26B-6-805 |
| Vermont | State fair-housing law9 V.S.A. § 4503 | No | Often waived with a letter | No state penalty listed |
| Virginia | Own ESA lawVa. Code § 36-96.3:1 | No | No pet fee, deposit or extra rentVa. Code § 36-96.3:1(A) | A letter writer who supplies fake papers breaks consumer lawVa. Code § 59.1-200 |
| Washington | State fair-housing lawRCW 49.60.222 | No | Often waived with a letter | Only for faking a service animal, a civil infractionRCW 49.60.214 |
| West Virginia | Own ESA lawW. Va. Code § 5-11A-5 | No | No fee or depositW. Va. Code § 5-11A-5 | No state penalty listed |
| Wisconsin | Own ESA lawWis. Stat. § 106.50(2r)(br) | No | No extra charge to keep the animalWis. Stat. § 106.50(2r)(br) | A forfeiture of at least $500Wis. Stat. § 106.50(2r)(br)5 |
| Wyoming | State fair-housing lawW.S. 40-26-107 | No | Often waived with a letter | No state penalty listed |
“No state penalty listed” means none of the state laws in that guide sets one. “Often waived with a letter” is the federal standard: many landlords waive pet fees for an ESA with a clinician's letter, and rules vary by building.
Which states come out best? See all 50 states ranked for renters with an emotional support animal, scored on these rules with Census renter counts.
Cite this table: ESA Card, “Emotional Support Animal Laws by State,” www.esacard.com/esa-laws, updated October 16, 2026.
The federal ESA rules take one minute to read.
The baseline every state builds on.
- Housing: under the Fair Housing Act, you can ask a covered landlord to accommodate an emotional support animal even in a no-pet building, and many waive pet fees for it; rules vary by state and building, so ask yours.
- The document: for housing, it's a letter from a licensed mental health professional (here's a sample ESA letter), and an ESA Card goes beside it, with your pet's photo and a number anyone can check.
- Denials: a landlord can say no only on narrow grounds, and a pet policy alone isn't one; many also set aside breed and weight limits for an ESA with a valid letter.
- Public access: an ESA is not an ADA service animal, so stores, restaurants, and offices don't have to admit it.
- Flights: since early 2021, U.S. airlines treat ESAs as pets under each airline's own pet policy.
- Enforcement in 2026: start with your state fair-housing agency; since HUD's May 2026 memo, its office no longer pursues ESA-only housing complaints.
Every state has its own full guide.
The law, your rights and the paperwork, state by state.
Alabama
Ala. Code § 24-8A-1 to 24-8A-5
Alaska
AS 18.80.240
Arizona
Arizona Fair Housing Act, A.R.S. § 41-1491.19
Arkansas30-day law
Ark. Code Ann. § 20-14-1003
California30-day law
Cal. Health & Safety Code § 122318
Colorado
Colo. Rev. Stat. § 12-240-144
Connecticut
Conn. Gen. Stat. § 46a-64c(a)(6)
Delaware
6 Del. C. § 4603A(a)(2)
Florida
Fla. Stat. § 760.27
Georgia
Georgia Fair Housing Law, O.C.G.A. § 8-3-200
Hawaii
HRS § 515-3
Idaho
Idaho Human Rights Act, Idaho Code Title 67, Chapter 59
Illinois
Assistance Animal Integrity Act, 310 ILCS 120
Indiana
Ind. Code ch. 22-9-7
Iowa
Iowa Code § 216.8B
Kansas
K.S.A. 44-1016(h)
Kentucky
KRS 383.085
Louisiana30-day law
La. R.S. 46:1971–1978
Maine
5 M.R.S. § 4582-A(3)
Maryland
Md. Code, State Gov't § 20-706(b)(4)
Massachusetts
M.G.L. c. 151B, § 4(7A)
Michigan
Persons with Disabilities Civil Rights Act, MCL 37.1506a
Minnesota
Minn. Stat. § 504B.113
Mississippi
Fair Housing Act enforcement, 42 U.S.C. § 3610 and 3613
Missouri
Mo. Rev. Stat. § 213.040
Montana30-day law
Mont. Code Ann. § 70-24-114
Nebraska
Nebraska Fair Housing Act
Nevada
NRS 118.105
New Hampshire
RSA ch. 354-A
New Jersey
New Jersey Law Against Discrimination, N.J.S.A. 10:5-12
New Mexico
NMSA 1978, § 28-1-7(G)
New York
N.Y. Exec. Law § 296(18) & § 296(2-a)(d)
North Carolina
N.C. Gen. Stat. § 41A-4(f)(2)
North Dakota
N.D.C.C. § 47-16-07.5
Ohio
Ohio Rev. Code § 4112.02
Oklahoma
41 O.S. § 113.2
Oregon
ORS 659A.145
Pennsylvania
Assistance and Service Animal Integrity Act, 68 P.S. § 405.1–405.7
Rhode Island
R.I. Gen. Laws ch. 34-37
South Carolina
S.C. Code § 31-21-70(G)(2)
South Dakota
SDCL 43-32-33 to 43-32-36
Tennessee
Tenn. Code § 66-7-111
Texas
Texas Fair Housing Act, Tex. Prop. Code Ch. 301
Utah
Utah Fair Housing Act, Utah Code § 57-21-5
Vermont
9 V.S.A. § 4503(a)(10)
Virginia
Va. Code § 36-96.3:1
Washington
Washington Law Against Discrimination (WLAD), RCW 49.60.222
West Virginia
W. Va. Code § 5-11A-5
Wisconsin
Wis. Stat. § 106.50(2r)(br)
Wyoming
W.S. 40-26-107(c)(ii)
Washington, D.C. is not a state and has no guide here; the federal Fair Housing Act covers renters there too.
Your housing rights go beyond the state statutes.
The federal layer every state guide above builds on: the law, the letter, and what a landlord can and cannot do.
HUD's emotional support animal rules in 2026
The withdrawn notices, the May 2026 memo, and what did not change.
The Fair Housing Act and emotional support animals
The one federal law your rights come from.
Can a landlord deny an emotional support animal?
The valid and invalid reasons, and what to do next.
Getting an ESA letter for housing
What the letter must say and who it comes from.
Who can write an ESA letter
Which licenses count, in every state.
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