New Hampshire and
New Hampshire ESA Laws
New Hampshire protects emotional support animals in housing under the federal Fair Housing Act and RSA 354-A (the New Hampshire Law Against Discrimination). RSA 354-A prohibits disability-based housing discrimination and requires landlords to make reasonable accommodations, including ESAs. New Hampshire does not have a standalone ESA statute or ESA fraud law. Tenants with valid ESA letters from licensed professionals are entitled to accommodations. Under the DOT 2021 rule, ESAs are no longer covered for air travel.
2026 federal update. On May 22, 2026, HUD narrowed enforcement of the federal Fair Housing Act for untrained emotional support animals. New Hampshire protects emotional support animals in housing under its own law, independently of the federal FHA, so your state-level protections are not removed by this federal change. How agencies apply it may evolve — confirm current rules with your state fair-housing agency or a local attorney. Read the full 2026 explainer →
New Hampshire ESA Laws — Overview
New Hampshire residents with emotional support animals (ESAs) are protected under the federal Fair Housing Act (FHA) and RSA 354-A, the New Hampshire Law Against Discrimination. RSA 354-A prohibits discrimination in housing based on disability and requires landlords to provide reasonable accommodations, which includes allowing ESAs.
New Hampshire does not have a standalone ESA-specific statute or an ESA fraud law. However, the combination of federal and state anti-discrimination protections provides a solid legal framework for ESA owners.
Federal Fair Housing Act (FHA) Protections
The FHA (42 U.S.C. §3604) provides the federal foundation for ESA housing rights. Under HUD guidance, landlords must allow ESAs as a reasonable accommodation when the tenant provides documentation from a licensed healthcare provider.
Key FHA Provisions
- Landlords must waive no-pet policies for tenants with qualifying 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.
RSA 354-A — New Hampshire Law Against Discrimination
RSA 354-A is New Hampshire's comprehensive anti-discrimination law. It covers housing, employment, and public accommodations, and prohibits discrimination based on disability.
New Hampshire-Specific Provisions
- RSA 354-A:10 specifically addresses unlawful discriminatory practices in housing, including refusal to rent or imposing different terms based on disability.
- The law requires housing providers to make reasonable modifications and accommodations for tenants with disabilities.
- The New Hampshire Commission for Human Rights (NHCHR) enforces the law and investigates complaints.
- New Hampshire's definition of disability includes mental and emotional impairments that substantially limit major life activities.
ESA Letter Requirements in New Hampshire
To qualify for an ESA in New Hampshire, you need a letter from a licensed mental health professional (LMHP). The letter must include:
- Confirmation that you have a mental or emotional disability recognized under the DSM-5.
- A statement that the ESA provides therapeutic benefit that alleviates one or more symptoms of your disability.
- The provider's professional license number, date, and signature.
- The letter should be on professional letterhead and dated within the past 12 months.
Housing Rights & Landlord Obligations
Under the FHA and RSA 354-A, New Hampshire 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.
- Engage in good-faith dialogue when a tenant requests an ESA accommodation.
- Respond to accommodation requests within a reasonable timeframe.
Tenants remain responsible for any damage their ESA causes. Landlords may seek compensation for actual damage but cannot require a damage deposit specifically for the ESA.
ESA Fraud & Penalties
New Hampshire does not have a specific ESA fraud law. Misrepresenting a pet as an ESA or providing fraudulent documentation is not addressed by a dedicated state statute. However, such conduct could potentially be pursued under New Hampshire's general fraud laws (RSA 638).
ESA vs. Service Animals in New Hampshire
- Service animals are individually trained to perform specific tasks for a person with a disability and have public access rights under the ADA and New Hampshire RSA 167-D.
- ESAs provide emotional comfort through companionship and are protected in housing under the FHA and RSA 354-A but do not have public access rights.
- New Hampshire RSA 167-D:8 makes it a violation to misrepresent a pet as a service animal in public accommodations.
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 New Hampshire
- Schedule a consultation with a licensed mental health professional (therapist, psychologist, psychiatrist, or licensed clinical social worker).
- Discuss your mental health condition and the therapeutic benefit an ESA provides.
- If you qualify, the provider will issue an ESA letter on professional letterhead.
- Submit the letter to your landlord as part of a reasonable accommodation request.
Key Statutes
- Fair Housing Act — 42 U.S.C. §3604
- New Hampshire Law Against Discrimination — RSA 354-A
- Service Animal Protections — RSA 167-D
- HUD FHEO Notice 2020-01 — Guidance on assistance animals
