South Dakota and
Emotional Support Animals

South Dakota ESA Laws

South Dakota provides limited state-level ESA protections, relying primarily on the federal Fair Housing Act for housing rights. The SD Human Relations Act (SDCL Chapter 20-13) prohibits housing discrimination based on disability. Landlords must provide reasonable accommodations for tenants with valid ESA letters. South Dakota has no specific ESA statute or ESA fraud law. No pet fees, deposits, or breed restrictions may apply to ESAs.

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

South Dakota residents with emotional support animals are protected primarily through the federal Fair Housing Act (FHA), supplemented by the South Dakota Human Relations Act. While South Dakota has limited state-specific ESA protections, federal law provides a robust framework ensuring individuals with qualifying mental health conditions can live with their ESAs in most housing.

Overview of ESA Protections in South Dakota

Emotional support animals in South Dakota provide therapeutic comfort to individuals with mental or emotional disabilities. ESAs do not require specialized task training. While South Dakota does not have a standalone ESA statute, fair housing laws at both the federal and state level protect ESA owners in housing by requiring landlords to grant reasonable accommodations when presented with valid ESA documentation.

Federal Fair Housing Act (FHA) Protections

The FHA (42 U.S.C. §3601u20133619) is the primary legal protection for ESA owners in South Dakota housing. Under the FHA and HUD guidelines, landlords must provide reasonable accommodations for tenants with disabilities who need ESAs. This includes waiving no-pet policies, eliminating pet deposits and fees, and not applying breed, size, or weight restrictions to assistance animals. The FHA covers most housing types with limited exceptions for owner-occupied buildings with four or fewer units and certain single-family home rentals without a broker.

South Dakota Human Relations Act (SDCL Chapter 20-13)

The South Dakota Human Relations Act prohibits discrimination in housing based on disability. This law requires housing providers to make reasonable accommodations for individuals with disabilities, including allowing emotional support animals. The South Dakota Division of Human Rights within the Department of Labor and Regulation enforces these protections. Tenants who believe their ESA-related housing rights have been violated may file a complaint with the Division or with HUD.

ESA Letter Requirements in South Dakota

To qualify for an ESA in South Dakota, you must obtain 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 as defined in the DSM-5
• States that the ESA provides therapeutic benefit that alleviates symptoms of your condition
• Includes the provider's license number, license type, and state of licensure
• Is dated within the past 12 months

Telehealth evaluations are accepted in South Dakota, provided the professional holds a valid license to practice in the state.

Housing Rights and Landlord Obligations

South Dakota landlords must:

• Waive no-pet policies for tenants who present 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 substantial property damage that cannot be reduced or eliminated through reasonable means. The landlord must demonstrate specific, objective evidence supporting the denial.

ESA Fraud and Penalties

South Dakota does not have a specific ESA fraud statute. Misrepresenting a pet as an emotional support animal or providing fraudulent ESA documentation could be addressed under South Dakota's general fraud and misrepresentation laws. Landlords may verify the legitimacy of an ESA letter by contacting the issuing professional, consistent with HUD guidance.

ESA vs. Service Animals in South Dakota

Service animals under the ADA are individually trained to perform specific tasks for persons with disabilities and enjoy broad public access rights. ESAs are not classified as service animals under the ADA and do not have public access rights in South Dakota. South Dakota law (SDCL §20-13-23.2) addresses service animals and guide dogs, providing public access protections specifically for trained service animals. ESA protections in South Dakota are limited to housing under fair housing law.

Air Travel with an ESA

Since January 2021, the DOT's revised ACAA regulations no longer require airlines to accommodate ESAs in the cabin. ESAs are treated as pets under airline policies, subject to standard fees and carrier restrictions. Individuals with psychiatric disabilities may still fly with a psychiatric service dog that meets ADA service animal requirements.

How to Get an ESA Letter in South Dakota

To obtain a legitimate ESA letter in South Dakota:

1. Schedule an evaluation with a licensed mental health professional (psychologist, psychiatrist, CSW-PIP, LPC-MH, or LMFT)
2. Discuss your mental health condition and how an ESA would provide therapeutic benefit
3. If you qualify, receive an ESA letter on the provider's professional letterhead
4. Submit the letter to your landlord or housing provider as a reasonable accommodation request

Key Statutes and Resources

• Fair Housing Act u2014 42 U.S.C. §3601u20133619
• South Dakota Human Relations Act u2014 SDCL Chapter 20-13
• SD Service Animal Law u2014 SDCL §20-13-23.2
• HUD FHEO Notice 2020-01 (Assistance Animals)
• DOT Final Rule on Traveling by Air with Service Animals (2021)