Nebraska and
Emotional Support Animals

Nebraska ESA Laws

Nebraska protects emotional support animals in housing under the federal Fair Housing Act and the Nebraska Fair Housing Act (Neb. Rev. Stat. §20-318). Nebraska also enacted LB 808, which includes provisions for assistance animals in housing, defining documentation requirements and landlord obligations. The law addresses both ESAs and service animals, requiring valid documentation from healthcare providers. Under the DOT 2021 rule, ESAs are no longer covered for air travel under the ACAA.

Nebraska ESA Laws — Overview

Nebraska provides protections for emotional support animals (ESAs) through the federal Fair Housing Act (FHA), the Nebraska Fair Housing Act (Neb. Rev. Stat. §20-318), and assistance animal provisions enacted through LB 808. Nebraska is one of the states that has taken specific legislative action to define the documentation requirements and processes for assistance animal accommodations.

The combination of federal and state law gives Nebraska ESA owners a clear legal framework for obtaining housing accommodations.

Federal Fair Housing Act (FHA) Protections

The FHA (42 U.S.C. §3604) provides the federal baseline for ESA housing protections. Under HUD guidance, landlords must grant reasonable accommodations for tenants with disabilities, including allowing ESAs in housing that otherwise prohibits pets.

Key FHA Provisions

• Landlords must waive no-pet policies for tenants with valid ESA documentation.
• Pet deposits, pet rent, breed restrictions, and weight limits do not apply to ESAs.
• Landlords may request reliable documentation but may not inquire about the specific diagnosis.
• Denial is permissible only if the specific animal poses a direct threat or would cause substantial property damage.

Nebraska Fair Housing Act & LB 808

The Nebraska Fair Housing Act (Neb. Rev. Stat. §20-318) mirrors the FHA's prohibition on disability-based housing discrimination. Additionally, Nebraska enacted LB 808, which includes provisions specifically addressing assistance animals in rental housing.

LB 808 Key Provisions

• Defines assistance animals to include both service animals and emotional support animals.
• Establishes that housing providers must grant reasonable accommodations for assistance animals when supported by proper documentation.
• Specifies that documentation must come from a licensed healthcare provider who has a therapeutic relationship with the tenant.
• Allows landlords to request documentation verifying the disability-related need for the assistance animal.
• Prohibits landlords from requiring specific types of certifications, registrations, or identification for assistance animals.

Nebraska-Specific Points

• The Nebraska Equal Opportunity Commission (NEOC) handles fair housing complaints at the state level.
• Nebraska's assistance animal provisions provide clearer procedural guidelines than many other states.
• The law emphasizes the importance of the provider-patient relationship in ESA documentation.

ESA Letter Requirements in Nebraska

Under both federal law and Nebraska's LB 808 provisions, you need a letter from a licensed healthcare provider who has a therapeutic relationship with you. The letter must include:

• Confirmation that you have a disability as defined by the FHA.
• A statement that the ESA provides therapeutic benefit that alleviates one or more symptoms of the disability.
• The provider's professional license number, contact information, date, and signature.
• The letter should be on professional letterhead and dated within the past 12 months.
• Nebraska's law emphasizes that the provider must have personal knowledge of the patient's condition — not just an online questionnaire.

Housing Rights & Landlord Obligations

Under the FHA and Nebraska Fair Housing Act, landlords must:

• Grant reasonable accommodations for ESAs with valid documentation.
• Waive pet deposits, pet rent, and pet-related fees for ESAs.
• Not impose breed, size, or weight restrictions on ESAs.
• Not require registration, certification, or identification cards for ESAs.
• Process accommodation requests within a reasonable timeframe.

Tenants remain responsible for any damage caused by their ESA. Landlords may hold tenants liable for actual property damage.

ESA Fraud & Penalties

Nebraska's LB 808 provisions address the legitimacy of assistance animal documentation by requiring that it come from a licensed provider with a genuine therapeutic relationship. While Nebraska does not have a standalone ESA fraud statute, misrepresenting a pet as an ESA with fraudulent documentation could be pursued under state fraud laws.

ESA vs. Service Animals in Nebraska

• Service animals are individually trained to perform tasks for a person with a disability and have public access rights under the ADA and Nebraska law.
• ESAs provide emotional comfort through companionship and are protected in housing under the FHA and Nebraska Fair Housing Act but do not have public access rights.
• Nebraska's LB 808 recognizes both categories under the umbrella of "assistance animals" for housing purposes.

Air Travel with an ESA

Under the DOT's 2021 final rule, airlines are no longer required to accommodate ESAs under the Air Carrier Access Act. ESAs are treated as regular pets by airlines, subject to individual carrier policies and fees. Only trained psychiatric service dogs retain in-cabin flying rights at no additional charge.

How to Get an ESA Letter in Nebraska

1. Consult with a licensed healthcare provider (therapist, psychologist, psychiatrist, or licensed clinical social worker) who has a genuine therapeutic relationship with you.
2. Discuss your mental health condition and the therapeutic benefit an ESA would provide.
3. If you qualify, the provider will issue an ESA letter on professional letterhead.
4. Submit the letter to your landlord as part of a reasonable accommodation request.

Key Statutes

• Fair Housing Act — 42 U.S.C. §3604
• Nebraska Fair Housing Act — Neb. Rev. Stat. §20-318
• LB 808 — Assistance animal provisions
• HUD FHEO Notice 2020-01 — Guidance on assistance animals