Maine and
Emotional Support Animals

Maine

Maine provides strong ESA protections through the federal Fair Housing Act, the Maine Human Rights Act (5 MRSA § 4551 et seq.), and ESA-specific provisions introduced through LD 1552. The Maine Human Rights Commission enforces housing discrimination complaints. Maine law addresses assistance animal documentation standards and restricts landlords from requiring excessive information. Landlords must make reasonable accommodations for tenants with verified ESA letters and cannot charge pet fees or deposits.

Overview of ESA Laws in Maine

Maine offers strong protections for emotional support animals (ESAs) through a combination of federal and state legislation. The Maine Human Rights Act (5 MRSA § 4551 et seq.) provides comprehensive disability-based housing protections, and Maine has introduced ESA-specific provisions through LD 1552, which addresses documentation standards and landlord obligations related to assistance animals. The Maine Human Rights Commission investigates housing discrimination complaints, including ESA-related disputes.

Federal Fair Housing Act Protections

Under the FHA (42 U.S.C. §§ 3601–3619), housing providers in Maine must make reasonable accommodations for individuals with disabilities who require an ESA. Key protections include:

• Landlords cannot deny housing or charge pet fees/deposits for a verified ESA
• Breed, size, and weight restrictions do not apply to ESAs
• "No pets" policies must be waived for tenants with valid ESA documentation
• Landlords may request reliable documentation of the disability-related need

Maine Human Rights Act (5 MRSA § 4551)

The Maine Human Rights Act is one of the more protective state fair housing laws in the country. Key provisions include:

• Prohibits housing discrimination based on physical or mental disability (5 MRSA § 4581-A)
• Requires housing providers to make reasonable accommodations, including allowing ESAs
• The Maine Human Rights Commission investigates complaints and may pursue administrative action
• Complaints must be filed within 300 days of the alleged discriminatory act
• Maine broadly defines disability to include mental health conditions requiring an ESA

LD 1552 — Emotional Support Animal Provisions

Maine's LD 1552 introduced specific provisions regarding assistance animals, including ESAs. Key aspects include:

• Establishes standards for legitimate ESA documentation
• Clarifies what information landlords may and may not request from tenants
• Requires that ESA letters come from providers with a legitimate clinical relationship with the tenant
• Addresses the growing concern of fraudulent ESA letters and online-only certifications
• Reinforces that landlords must engage in an interactive process with tenants requesting accommodations

ESA Letter Requirements in Maine

Under both federal and state law, a valid ESA letter in Maine must:

• Be issued by a licensed mental health professional (LMHP) or licensed healthcare provider
• Be based on a legitimate clinical relationship — not solely an online questionnaire
• Confirm the tenant has a disability recognized under the DSM-5
• State that the ESA alleviates one or more symptoms of the disability
• Include the provider's license number, state of licensure, and signature
• Be dated within the past 12 months

Housing Rights and Landlord Obligations

Maine landlords must comply with the FHA, the Maine Human Rights Act, and LD 1552 provisions. A landlord may:

• Request documentation if the disability is not readily apparent
• Verify the legitimacy of the ESA letter with the issuing provider
• Deny a request if the animal poses a direct threat or would cause substantial property damage

Landlords cannot:

• Charge pet rent, pet deposits, or pet fees for an ESA
• Require specific training or certification for the ESA
• Impose breed or weight restrictions on an ESA
• Demand details about the tenant's specific diagnosis
• Retaliate against a tenant for requesting an ESA accommodation
• Require documentation beyond what is necessary to establish the disability-related need

ESA vs. Service Animals in Maine

Maine law distinguishes between ESAs and service animals:

• Service animals are individually trained to perform specific tasks and are protected under the ADA and Maine law (7 MRSA § 3961) in all public places
• ESAs provide emotional comfort through companionship and are protected primarily in housing under the FHA and Maine Human Rights Act
• ESAs do not have public access rights to restaurants, stores, or other public accommodations
• Maine's service animal fraud law (7 MRSA § 3961-A) applies to service animals but not ESAs

Air Travel with ESAs

As of January 2021, the U.S. Department of Transportation (DOT) revised its ACAA rules. Airlines are no longer required to accommodate ESAs in the cabin. Most major airlines now treat ESAs as regular pets, subject to standard pet fees and carrier requirements. Only trained psychiatric service dogs retain the right to fly in the cabin at no additional charge.

How to Get an ESA Letter in Maine

Maine residents can obtain a legitimate ESA letter by:

1. Consulting with a licensed mental health professional who is licensed in Maine
2. Establishing a genuine clinical relationship (as emphasized by LD 1552)
3. Undergoing a clinical evaluation to determine if you have a qualifying mental health condition
4. Receiving a signed ESA letter if the provider determines an ESA would benefit your treatment

Key Statutes and References

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Maine Human Rights Act — 5 MRSA § 4551 et seq.
• Maine Fair Housing — 5 MRSA § 4581-A
• LD 1552 — Emotional Support Animal Provisions
• Maine Service Animal Fraud — 7 MRSA § 3961-A
• HUD Reasonable Accommodation Guidance — FHEO-2020-01
• DOT Final Rule on Traveling by Air with Service Animals — 14 CFR Part 382 (2021)