Wisconsin and
Emotional Support Animals

Wisconsin ESA Laws

Wisconsin protects emotional support animals (ESAs) in housing under the Wisconsin Fair Housing Law (Wis. Stat. §106.50) and the federal Fair Housing Act. Landlords must provide reasonable accommodations for tenants with valid ESA letters from licensed mental health professionals, including waiving pet restrictions and fees. Wisconsin does not have a specific ESA fraud statute, but misrepresentation may be addressed under general fraud laws. Wisconsin law provides strong protections for persons with disabilities in housing. As of the DOT 2021 rule, ESAs are no longer covered for air travel under the ACAA.

Wisconsin ESA Laws — Emotional Support Animal Guide

Wisconsin residents with qualifying mental health conditions have the right to keep emotional support animals (ESAs) in rental housing under both federal and state fair housing protections. This guide covers Wisconsin's ESA laws, housing rights, and how to obtain a valid ESA letter.

Overview of ESA Protections in Wisconsin

ESA protections in Wisconsin are governed by the Fair Housing Act (FHA) at the federal level and the Wisconsin Fair Housing Law (Wis. Stat. §106.50) at the state level. Wisconsin's fair housing law provides broad protections against disability discrimination in housing and requires landlords to make reasonable accommodations for ESA owners.

Federal Fair Housing Act (FHA) Protections

Under the FHA and HUD guidance, Wisconsin housing providers must:

• Allow ESAs as a reasonable accommodation for tenants with documented disabilities
• Waive pet deposits, pet rent, and pet-related fees for ESAs
• Not impose breed, size, or weight restrictions on ESAs
• Evaluate each ESA request on an individualized basis
• Accept reliable documentation from licensed healthcare providers

Wisconsin-Specific ESA Laws

The Wisconsin Fair Housing Law (Wis. Stat. §106.50) prohibits discrimination in housing based on disability and requires reasonable accommodations for persons with disabilities. This includes the obligation to allow emotional support animals with proper documentation, even in properties with no-pet policies.

The Wisconsin Department of Workforce Development, Equal Rights Division enforces fair housing complaints in the state, including those involving ESA accommodation denials.

Wisconsin does not currently have a specific ESA fraud statute. However, misrepresenting a disability or submitting fraudulent ESA documentation could be addressed under Wisconsin's general fraud and misrepresentation laws.

ESA Letter Requirements in Wisconsin

To qualify for ESA protections in Wisconsin, you need a valid ESA letter:

• Must be issued by a licensed mental health professional — such as a psychologist, psychiatrist, licensed professional counselor, or licensed clinical social worker
• The provider should be licensed in Wisconsin or have a legitimate therapeutic relationship
• Must confirm that you have a disability recognized under the FHA — a physical or mental impairment that substantially limits one or more major life activities
• Must explain how the ESA provides disability-related therapeutic benefit
• Must be on the provider's professional letterhead with license information and date
• Should be renewed annually to remain current

Housing Rights and Landlord Obligations

Wisconsin landlords must comply with fair housing requirements regarding ESAs:

• Must accept valid ESA letters and provide reasonable accommodations
• Cannot charge pet deposits, pet rent, or pet fees for ESAs
• Cannot deny housing based solely on ESA ownership with valid documentation
• Can request documentation if the disability is not readily apparent
• Can deny an ESA if the specific animal poses a direct threat to health or safety
• Can deny if the accommodation would impose an undue financial or administrative burden
• Can hold tenants liable for property damage caused by the ESA

Tenants who believe their ESA accommodation request was wrongfully denied can file a complaint with the Wisconsin Equal Rights Division or HUD.

ESA vs. Service Animals in Wisconsin

• Service animals are individually trained to perform specific disability-related tasks and are protected under the ADA in all public places. Wisconsin Stat. §174.056 provides additional state protections
• Emotional support animals provide therapeutic comfort through companionship and are protected in housing only under the FHA and Wisconsin law
• ESAs do not have public access rights in Wisconsin
• Wisconsin imposes penalties for misrepresenting a pet as a service animal under Wis. Stat. §943.51

Air Travel with ESAs — DOT 2021 Rule Change

Since January 2021, the DOT no longer requires airlines to accommodate ESAs under the ACAA. Only trained service animals retain air travel protections. Wisconsin residents traveling from Milwaukee Mitchell International, Dane County Regional, or other Wisconsin airports should review airline pet policies before flying.

How to Get an ESA Letter in Wisconsin

1. Connect with a licensed mental health professional — in-person in Wisconsin or through a legitimate telehealth provider
2. Complete a clinical evaluation — the provider assesses your mental health and determines if an ESA would be therapeutically beneficial
3. Receive your ESA letter — if you qualify, the provider issues a signed letter on professional letterhead
4. Submit the letter to your landlord — present it as a reasonable accommodation request under the FHA

Key Statutes

• Federal Fair Housing Act — 42 U.S.C. §3601 et seq.
• Wisconsin Fair Housing Law — Wis. Stat. §106.50
• Wis. Stat. §174.056 — Service animal protections
• Wis. Stat. §943.51 — Fraudulent representation of service animal
• HUD Guidance on Assistance Animals — FHEO-2020-01 (January 2020)
• DOT Final Rule on Traveling by Air with Service Animals — 14 CFR Part 382 (2021)