Last Updated: February 2026
Arkansas has some of the most detailed emotional support animal (ESA) legislation in the country. The state's 2023 Act 268 (codified at A.C.A. §§ 20-14-1001 through 20-14-1005) created comprehensive rules around ESA letters, fraud penalties, and seller disclosures. Then in 2025, Arkansas enacted a law explicitly allowing businesses and private property owners to ban ESAs from their premises.
This guide covers everything Arkansas ESA owners need to know about their rights and responsibilities.
How ESAs Differ from Service Dogs
Understanding this distinction is critical, because it determines what rights you have:
| Service Dogs | Emotional Support Animals | |
|---|---|---|
| Training | Individually trained to perform specific tasks | No training required |
| Species | Dogs only (miniature horses in some cases) | Any species |
| Public Access | Full access to all public places | No public access rights |
| Housing | Protected | Protected |
| Air Travel | Cabin access at no charge | Treated as pets (fees apply) |
| Federal Law | ADA + FHA | FHA only (not ADA) |
An ESA provides emotional, cognitive, or other support through companionship and presence — they don't need specialized training. A psychiatric service dog, by contrast, is trained to perform specific tasks related to a psychiatric disability and has full public access rights.
Your Housing Rights
Housing is where ESA protections are strongest. Both federal and Arkansas law protect your right to live with your ESA.
Federal Fair Housing Act (FHA)
The FHA (42 U.S.C. §§ 3601–3619) requires housing providers to make reasonable accommodations for persons with disabilities, which includes allowing ESAs even in "no pets" housing. Under the FHA, ESAs are classified as "assistance animals" — not pets.
Arkansas Fair Housing Act (A.C.A. § 16-123-201 et seq.)
Arkansas's state fair housing law mirrors federal protections. The Arkansas Fair Housing Commission (A.C.A. § 16-123-301 et seq.) enforces both state and federal fair housing laws and has the authority to investigate complaints, hold administrative hearings, and litigate cases.
Under both federal and state law, service animals and ESAs are treated equally for housing purposes and referred to as "assistance animals."
What You're Entitled To
- Keep an ESA in "no pets" housing
- Keep an ESA regardless of breed, size, or weight restrictions
- Pay no pet deposit, pet rent, or additional fees
- Keep an ESA in HOA-governed properties
- Keep an ESA in college/university housing
You do remain financially responsible for any actual damage caused by your ESA beyond normal wear and tear.
What Landlords Can and Cannot Do
Landlords CAN:
- Request a valid ESA letter from a licensed healthcare professional (when the disability-related need is not readily apparent)
- Require that the ESA letter complies with Arkansas's 30-day provider relationship requirement (A.C.A. § 20-14-1003)
- Deny a specific animal that poses a direct threat to health or safety
- Deny a request if the accommodation would cause undue financial or administrative burden
- Hold you financially responsible for actual damage caused by the ESA
Landlords CANNOT:
- Charge pet deposits, pet rent, or any fees for your ESA
- Require the ESA to be trained or certified
- Impose breed, weight, or size restrictions on the ESA
- Request specific details about your medical condition or diagnosis
- Demand access to medical records or require a medical examination
- Deny housing because of a blanket "no pets" policy
- Require proof of training or certification for the ESA
- Retaliate against you for requesting an ESA accommodation
ESA Letter Requirements
Arkansas has some of the most detailed ESA letter requirements in the country, thanks to A.C.A. § 20-14-1003 (enacted by Act 268 of 2023).
The 30-Day Rule
The healthcare provider must establish a client-provider relationship at least 30 days before issuing ESA documentation. This means you can't get a legitimate ESA letter from a provider you just met — the relationship must have existed for at least a month.
Exception: The 30-day requirement is waived for individuals who are verified as homeless — a compassionate provision that recognizes the unique challenges faced by unhoused individuals.
Who Can Write an ESA Letter
A valid ESA letter must come from a licensed healthcare professional with a genuine therapeutic relationship with you. Qualifying professionals include:
- Licensed Physicians
- Psychiatrists (MD/DO)
- Licensed Psychologists
- Licensed Clinical Social Workers (LCSWs)
- Licensed Professional Counselors (LPCs)
- Licensed Marriage and Family Therapists
- Physician's Assistants
- Nurse Practitioners
What the ESA Documentation Must Include
- The effective date of the provider's professional license
- The provider's license number
- The jurisdiction of the license
- The type of professional license
- Statement that you have a disability that substantially limits one or more major life activities
- Statement that the ESA provides disability-related emotional support
- Provider's signature
The letter does not need to disclose your specific diagnosis.
Annual Evaluations Required
Under Arkansas law, the healthcare provider must complete annual clinical evaluations of your need for the ESA. This is more rigorous than most states that simply require a one-time letter.
Provider Accountability
Healthcare providers who violate A.C.A. § 20-14-1003 face discipline from their professional licensing boards. This gives the requirement real teeth — providers risk their careers for issuing non-compliant ESA documentation.
Public Access: What ESAs Cannot Do
ESAs have no public access rights in Arkansas. In fact, Arkansas is one of the states that most explicitly addresses this.
2025 Law: Businesses Can Ban ESAs (A.C.A. § 20-14-1005)
Effective August 5, 2025, Arkansas enacted Act 819, which explicitly authorizes private property owners and business owners to ban emotional support animals from their premises. Under this law:
- A business owner may ban ESAs by verbally telling the customer or visitor
- A business owner may ban ESAs by posting a sign in a conspicuous place at the entrance
- The property owner is not liable for injuries caused by an ESA on their premises, except in cases of gross negligence
This means you cannot bring your ESA into:
- Restaurants, cafes, or bars
- Retail stores or shopping malls
- Hotels or motels
- Hospitals or medical offices
- Theaters or entertainment venues
- Government buildings
- Any other place of public accommodation
Some businesses may choose to be pet-friendly and allow ESAs at their discretion, but they have no legal obligation to do so.
Required Disclosures for ESA Sellers
Arkansas has a unique provision targeting ESA sellers and accessory sellers. Under A.C.A. § 20-14-1002, any person or business that sells or provides a dog for use as an emotional support animal — or sells ESA-related items such as certificates, ID cards, tags, vests, leashes, or harnesses — must provide written notice in bold 12-point type stating:
- The dog does not have the special training required to qualify as a service animal
- The dog or item is not entitled to the rights and privileges accorded by law to a service animal
- Misrepresenting an animal as a service animal may subject the individual to civil penalties
Failure to provide this notice triggers the escalating civil penalties under A.C.A. § 20-14-1004.
Air Travel
Since January 2021, the U.S. Department of Transportation no longer requires airlines to accommodate ESAs in the cabin for free. All major U.S. airlines now treat ESAs as regular pets, meaning:
- Standard pet fees apply (typically $95–$200+ each way)
- Small ESAs may fly in an under-seat carrier as a pet
- Larger ESAs may need to travel in cargo
- Standard airline pet policies and restrictions apply
Psychiatric service dogs (trained to perform specific tasks related to a psychiatric disability) still have full air travel protections and can fly in the cabin at no charge.
Workplace Protections
Arkansas does not have a specific statute granting ESA workplace access rights. The 2023 Act 268 does not extend ESA protections to employment contexts.
However, under the federal ADA (covering employers with 15+ employees) and the Arkansas Civil Rights Act (A.C.A. § 16-123-107) (covering employers with 9+ employees), an employee may request an ESA as a reasonable accommodation through the interactive process.
Whether the request is granted depends on:
- Whether you have a qualifying disability
- Whether the ESA is necessary for you to perform essential job functions
- Whether the accommodation would cause undue hardship to the employer
- The nature of the workplace
- Whether alternative accommodations exist
Registration and Identification Accessories
While registration, ID cards, vests, leashes, tags, and other identification accessories are not required by law, they serve a practical purpose — much like a uniform. Outfitting your emotional support animal with identifiable gear can reduce questions and hassle, especially in housing situations like moving in, walking through common areas, or when maintenance enters your unit.
Think of it as a courtesy that benefits everyone. When your ESA is wearing a clearly marked vest or harness, neighbors and property staff are less likely to confuse your ESA with a pet or question your right to have them. This creates a smoother experience for you and the people around you.
Common ESA accessories include:
- ESA vests and harnesses — clearly identify your animal as an emotional support animal
- ESA leashes — printed with "Emotional Support Animal" for visibility
- ID cards and tags — provide quick reference when needed
- Registration certificates — while not legally required, they can provide additional documentation
Important note: Under Arkansas law, sellers of ESA accessories must provide a written disclaimer that the items do not confer service animal rights. This is a consumer protection measure, not a reflection on the legitimacy of the accessories themselves.
Penalties for ESA Fraud
Arkansas has a structured, escalating penalty system for ESA-related fraud.
Service Animal Misrepresentation (A.C.A. § 20-14-310)
Misrepresenting an animal as a service animal or service animal-in-training in a public accommodation carries a civil penalty of up to $250 per violation.
ESA Fraud (A.C.A. § 20-14-1004)
Knowingly and fraudulently representing, selling, or offering for sale an emotional support dog as being entitled to service animal rights carries escalating penalties:
- First offense: $500
- Second offense: $1,000
- Third or subsequent offense: $2,500
These actions may be brought by the Attorney General or prosecuting attorneys.
Additionally, fraudulent ESA claims in housing can result in:
- Eviction or lease termination
- Civil liability for damages
- Loss of the accommodation
Filing a Complaint
If your ESA housing rights are violated, you can file a complaint with:
- Arkansas Fair Housing Commission — part of the Department of Inspector General. Phone: (870) 338-9834
- U.S. Department of Housing and Urban Development (HUD) — deadline is one year from the date of the alleged violation
- Private lawsuit — statute of limitations is generally two years for FHA violations
- Legal Aid of Arkansas offers free fair housing legal assistance
Key Takeaways
- Arkansas's 2023 Act 268 created comprehensive ESA regulations — including the 30-day provider relationship requirement, annual evaluations, and escalating fraud penalties.
- ESA letters require a 30-day pre-existing provider relationship — with an exception for verified homeless individuals.
- Annual clinical evaluations are required — more rigorous than most states that only require a one-time letter.
- Businesses can explicitly ban ESAs — the 2025 Act 819 allows verbal notice or signage to exclude ESAs from private property.
- ESA sellers and accessory sellers must provide written disclaimers — in bold 12-point type, stating that ESAs don't have service animal rights.
- Fraud penalties escalate from $500 to $2,500 — with enforcement by the Attorney General or prosecutors.
- Housing remains your strongest protection — landlords must accommodate ESAs with no extra fees.
- No state ESA registry exists — any website claiming to offer "Arkansas ESA registration" is not affiliated with the state government.
This article is for informational purposes only and does not constitute legal advice. Laws are subject to change — consult a qualified attorney for specific legal questions.