Nevada and
Emotional Support Animals

Nevada ESA Laws

Nevada provides strong ESA housing protections through the federal Fair Housing Act, NRS 118.105 (reasonable accommodations), and AB 93 (2023), which specifically addresses emotional support animal documentation and tenant rights. AB 93 defines ESA letter requirements, prohibits landlords from imposing blanket denials, and establishes clear processes for accommodation requests. Nevada also has robust tenant protection laws. Under the DOT 2021 rule, ESAs are no longer covered for air travel under the ACAA.

Nevada ESA Laws — Overview

Nevada offers some of the strongest ESA protections in the country. In addition to the federal Fair Housing Act (FHA), Nevada enacted AB 93 (2023) and has existing protections under NRS 118.105 that specifically address reasonable accommodations for assistance animals in rental housing.

AB 93 was a landmark bill that codified specific requirements for ESA documentation, established clear landlord obligations, and provided tenants with a defined process for requesting 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 of the disability-related need.
• Denial is permissible only if the specific animal poses a direct threat or would cause substantial property damage.

Nevada State Laws — AB 93 (2023) & NRS 118.105

AB 93 (effective October 1, 2023) is Nevada's landmark ESA housing law. It establishes specific requirements that go beyond federal FHA protections.

AB 93 Key Provisions

• Defines emotional support animals as animals that provide therapeutic benefit through companionship for a person with a disability.
• Requires ESA documentation from a licensed healthcare provider who has an established therapeutic relationship with the tenant (not just an online letter mill).
• Specifies that the provider must have conducted a clinical evaluation and must be licensed in a state where they are authorized to practice.
• Prohibits landlords from requiring specific breeds, species registrations, or certifications for ESAs.
• Establishes a clear timeline for landlords to respond to accommodation requests.
• Provides that landlords who violate the law may be subject to penalties.

NRS 118.105 — Reasonable Accommodations

• Requires landlords to make reasonable accommodations for tenants with disabilities.
• Prohibits discrimination based on disability in all aspects of rental housing.
• Provides an enforcement mechanism through the Nevada Equal Rights Commission (NERC).

ESA Letter Requirements in Nevada

Under AB 93, Nevada has specific requirements for ESA documentation that are stricter than the federal FHA baseline:

• The letter must come from a licensed healthcare provider who has conducted a clinical evaluation of the tenant.
• The provider must have an established therapeutic relationship — not merely an online form or brief telehealth encounter.
• The letter must confirm a disability as defined under the FHA and that the ESA provides therapeutic benefit.
• The provider's professional license number, contact information, date, and signature must be included.
• The letter should be on professional letterhead and dated within the past 12 months.

Housing Rights & Landlord Obligations

Under the FHA, AB 93, and NRS 118.105, Nevada landlords must:

• Accept valid ESA documentation and waive no-pet policies.
• Not charge pet deposits, pet rent, or additional fees for ESAs.
• Not impose breed, size, or weight restrictions on ESAs.
• Respond to accommodation requests within the timeframe specified by AB 93.
• Not retaliate against tenants who request ESA accommodations.

Landlords may deny an accommodation only if the specific animal poses a verified direct threat or would cause substantial property damage, based on objective evidence. Tenants remain liable for any actual damage caused by their ESA.

ESA Fraud & Penalties

AB 93 addresses documentation integrity by requiring that ESA letters come from providers with genuine therapeutic relationships. Nevada's approach focuses on ensuring legitimate documentation rather than criminalizing tenants. However, knowingly providing fraudulent documentation could be pursued under Nevada's general fraud statutes (NRS 205.380).

ESA vs. Service Animals in Nevada

• Service animals are individually trained to perform specific tasks for a person with a disability and have public access rights under the ADA and Nevada law (NRS 426.097–426.810).
• ESAs provide emotional comfort and are protected in housing under the FHA and AB 93 but do not have public access rights.
• Nevada law (NRS 426.810) makes it a misdemeanor to misrepresent a pet as a service animal in public places.

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 Nevada

1. Establish a therapeutic relationship with a licensed healthcare provider (therapist, psychologist, psychiatrist, or licensed clinical social worker).
2. Complete a clinical evaluation that assesses your mental health condition.
3. If you qualify, the provider will issue an ESA letter meeting AB 93's requirements.
4. Submit the letter to your landlord as part of a reasonable accommodation request.

Key Statutes

• Fair Housing Act — 42 U.S.C. §3604
• AB 93 (2023) — Nevada ESA housing protections
• NRS 118.105 — Reasonable accommodations in housing
• NRS 426.810 — Service animal fraud
• HUD FHEO Notice 2020-01 — Guidance on assistance animals