North Dakota and
Emotional Support Animals

North Dakota ESA Laws

North Dakota protects ESA owners in housing through the federal Fair Housing Act and the ND Human Rights Act (NDCC Chapter 14-02.4). Landlords must provide reasonable accommodations for tenants with valid ESA letters. North Dakota does not have a specific ESA statute or ESA fraud law. No pet fees, deposits, or breed restrictions may be applied to emotional support animals in housing.

North Dakota ESA Laws: Complete Guide to Emotional Support Animal Rights

North Dakota residents with emotional support animals are protected under the federal Fair Housing Act (FHA) and the North Dakota Human Rights Act. While North Dakota does not have specific ESA legislation, existing fair housing laws ensure that individuals with qualifying mental health conditions can live with their emotional support animals in most housing, even when no-pet policies are in place.

Overview of ESA Protections in North Dakota

Emotional support animals provide therapeutic comfort to individuals with mental or emotional disabilities. In North Dakota, ESA protections are rooted in federal and state fair housing law rather than any standalone ESA statute. Tenants with a valid ESA letter from a licensed mental health professional are entitled to reasonable accommodations in housing, including exemption from no-pet policies and pet-related fees.

Federal Fair Housing Act (FHA) Protections

The FHA (42 U.S.C. §3601u20133619) provides the primary legal framework for ESA housing rights in North Dakota. Under the FHA and HUD guidance, housing providers must accommodate tenants with disabilities who require an ESA. This includes waiving no-pet policies, eliminating pet deposits and fees, and not applying breed, size, or weight restrictions. The FHA covers most housing, with limited exceptions for owner-occupied buildings with four or fewer units and certain single-family rentals.

North Dakota Human Rights Act (NDCC Chapter 14-02.4)

The North Dakota Human Rights Act prohibits discrimination in housing based on disability. This law requires landlords and housing providers to make reasonable accommodations for individuals with disabilities, which includes allowing emotional support animals. The North Dakota Department of Labor and Human Rights enforces these provisions. Tenants may file complaints with the department or with HUD if a landlord refuses a valid ESA accommodation request.

ESA Letter Requirements in North Dakota

To qualify for an ESA in North Dakota, you need a letter from a licensed mental health professional that:

• Is written on the provider's professional letterhead
• Confirms that you have a mental or emotional disability recognized under the DSM-5
• States that the ESA alleviates one or more symptoms of your condition
• Includes the provider's license number, type, and state of licensure
• Is dated within the past 12 months

Telehealth evaluations are accepted in North Dakota, provided the professional is appropriately licensed.

Housing Rights and Landlord Obligations

In North Dakota, landlords must:

• Waive no-pet policies for tenants who provide valid ESA documentation
• Not charge pet deposits, pet rent, or additional fees for ESAs
• Refrain from imposing breed, weight, or size restrictions on ESAs
• Respond to ESA accommodation requests promptly and in good faith
• Keep disability-related documentation confidential

A landlord may deny an ESA only if the animal poses a direct threat to the health or safety of others, or would cause significant property damage that cannot be reduced or eliminated through reasonable means.

ESA Fraud and Penalties

North Dakota does not have a specific ESA fraud statute. However, misrepresenting a pet as an ESA or using fraudulent documentation could be addressed under general state fraud laws. Housing providers may verify the authenticity of an ESA letter by contacting the issuing professional in accordance with HUD guidance.

ESA vs. Service Animals in North Dakota

Service animals under the ADA are trained to perform specific tasks for individuals with disabilities and have broad public access rights to restaurants, stores, and other public places. ESAs are not considered service animals under the ADA and do not have public access rights in North Dakota. ESA protections are limited to housing under fair housing law. North Dakota law (NDCC §25-13-02.1) addresses service animals specifically, providing public access rights to guide dogs and other trained assistance animals.

Air Travel with an ESA

Since January 2021, the DOT's revised ACAA rules mean that airlines are no longer required to accommodate ESAs in the cabin. ESAs are treated as pets under airline policies, subject to standard pet fees and carrier size requirements. Individuals with psychiatric disabilities may still travel with a psychiatric service dog if the animal meets ADA service animal standards.

How to Get an ESA Letter in North Dakota

To obtain a legitimate ESA letter in North Dakota:

1. Schedule an evaluation with a licensed mental health professional (psychologist, psychiatrist, LCSW, LPCC, or LMFT)
2. Discuss your mental health condition and the therapeutic benefit an ESA provides
3. If you qualify, receive an ESA letter on the provider's professional letterhead
4. Submit the letter to your landlord as a reasonable accommodation request

Key Statutes and Resources

• Fair Housing Act u2014 42 U.S.C. §3601u20133619
• North Dakota Human Rights Act u2014 NDCC Chapter 14-02.4
• ND Service Animal Law u2014 NDCC §25-13-02.1
• HUD FHEO Notice 2020-01 (Assistance Animals)
• DOT Final Rule on Traveling by Air with Service Animals (2021)