Arkansas and
Emotional Support Animals

Arkansas ESA Laws

Arkansas has no state-specific ESA statute. ESA owners are protected under the federal Fair Housing Act (FHA), which requires landlords to grant reasonable accommodations for emotional support animals. The Arkansas Civil Rights Act prohibits housing discrimination on the basis of disability but does not explicitly address ESAs. Arkansas has no state-level ESA fraud penalties. All ESA housing disputes are resolved under federal law.

Overview of ESA Laws in Arkansas

Arkansas does not have a dedicated state law governing emotional support animals (ESAs). Residents who need an ESA for a mental or emotional disability are protected by the federal Fair Housing Act (FHA). The Arkansas Civil Rights Act of 1993 (ACA §16-123-301 et seq.) prohibits housing discrimination based on disability, which aligns with federal protections, but does not specifically reference ESAs or reasonable accommodation procedures for assistance animals.

Federal Protections Under the Fair Housing Act

The Fair Housing Act (42 U.S.C. §3601–3619) provides the legal foundation for ESA rights in Arkansas. Under HUD regulations, a landlord must provide a reasonable accommodation for a tenant with a documented disability who needs an emotional support animal.

Key FHA Protections

• Landlords must waive no-pet policies, breed restrictions, and weight limits for documented ESAs.
• No pet rent, pet deposits, or pet fees may be charged for an ESA.
• Most residential housing is covered. Limited exemptions apply to small owner-occupied buildings and certain private rentals without a broker.
• Landlords may request documentation of the disability and the disability-related need for the animal.

State-Specific ESA Laws in Arkansas

Arkansas has not enacted ESA-specific legislation addressing letter requirements, landlord procedures, or fraud penalties. The Arkansas Civil Rights Act (ACA §16-123-301 et seq.) prohibits discrimination in housing on the basis of disability, among other protected classes. While this law does not mention ESAs explicitly, disability discrimination claims related to ESA denials can be filed with the Arkansas Fair Housing Commission.

The Arkansas Residential Landlord-Tenant Act (ACA §18-17-101 et seq.) governs general rental relationships but does not include provisions for assistance animals or accommodation requests.

ESA Letter Requirements in Arkansas

To qualify for an ESA in Arkansas, a resident must obtain a letter from a licensed mental health professional (LMHP):

• The LMHP must hold a valid license — psychologist, psychiatrist, LCSW, LPC, LMFT, or equivalent.
• The letter must confirm the individual has a disability recognized under the FHA.
• The letter must state the ESA provides therapeutic benefit related to the disability.
• Include the professional's name, license number, type, state of licensure, date, and signature on letterhead.

Housing Rights and Landlord Obligations

Arkansas landlords must comply with the federal FHA when handling ESA accommodation requests:

• Must accommodate: Landlords must allow ESAs even in properties with no-pet policies when proper documentation is provided.
• No extra fees: Pet rent, pet deposits, and breed surcharges are prohibited for ESAs.
• May request documentation: Landlords may ask for a letter from a licensed professional if the disability or need is not readily apparent.
• May deny for direct threat: If a specific animal poses a documented direct threat to safety or would cause substantial property damage, a landlord may deny that animal.
• No retaliation: Adverse actions against a tenant for requesting an ESA accommodation are unlawful.
• Tenant liability: The tenant remains responsible for any damage caused by the ESA.

ESA vs. Service Animals in Arkansas

• Service animals are individually trained to perform tasks for a person with a disability and have public access rights under the ADA.
• Emotional support animals provide comfort through companionship without specialized training. ESAs are protected under the FHA for housing only.

Arkansas law does not provide additional public access rights for ESAs beyond the federal framework.

Air Travel with ESAs from Arkansas

The U.S. Department of Transportation's January 2021 rule change means airlines are no longer required to accommodate ESAs under the Air Carrier Access Act. Only trained service animals retain guaranteed cabin access. Airlines serving Arkansas airports (e.g., Bill and Hillary Clinton National Airport, Northwest Arkansas Regional) may allow small ESAs under their standard pet policies with applicable fees.

How to Get an ESA Letter in Arkansas

1. Schedule an evaluation with a licensed mental health professional in Arkansas.
2. Complete a clinical assessment discussing your mental health condition and how an ESA would benefit your treatment.
3. Receive a valid ESA letter meeting all FHA and HUD documentation standards.
4. Present the letter to your landlord with a written reasonable accommodation request.

MyPetCerts connects Arkansas residents with licensed professionals who conduct thorough evaluations and issue FHA-compliant ESA letters when clinically appropriate.

Key Statutes and Resources

• Fair Housing Act: 42 U.S.C. §3601–3619
• HUD FHEO Notice 2020-01: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation
• Arkansas Civil Rights Act: ACA §16-123-301 et seq.
• Arkansas Residential Landlord-Tenant Act: ACA §18-17-101 et seq.
• Arkansas Fair Housing Commission: arkansasfairhousing.com