Last Updated: February 2026
Indiana was one of the early states to enact specific legislation addressing emotional support animals (ESAs) in housing. Signed into law in 2018 as Senate Bill 240, Indiana Code Article 22-9-7 (the “Emotional Support Animals” chapter) establishes clear rules for ESA documentation, housing provider obligations, and — notably — some of the strongest ESA fraud penalties in the nation, targeting both tenants and providers who issue fraudulent letters.
Whether you’re a current ESA owner or considering getting an ESA letter, this guide covers everything you need to know about your rights and responsibilities under Indiana law.
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.
Indiana’s ESA Statute (IC 22-9-7)
Indiana enacted specific ESA legislation in 2018 (Senate Bill 240), codified as IC 22-9-7. This chapter is notable for its strong fraud provisions and clear documentation requirements.
IC 22-9-7-1 through 22-9-7-5 — Definitions
The statute defines key terms:
- Assistance animal: An animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, OR provides emotional support that alleviates one or more identified effects of a person’s disability
- Health service provider: A person who is licensed, certified, or otherwise authorized to provide health services, including physicians, psychologists, social workers, and counselors
- Fraudulent documentation: Documents from a provider who has not conducted a clinical evaluation or does not have a therapeutic relationship with the person requesting the documentation
Your Housing Rights
Housing is where ESA protections are strongest. Both federal and Indiana 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.
Indiana State Housing Protections
Indiana’s ESA statute and the Indiana Fair Housing Act (IC 22-9.5) work together to reinforce federal protections:
- Housing providers must make reasonable accommodations for ESAs under both federal FHA and Indiana state law
- Housing providers cannot charge pet deposits or pet rent for an ESA
- Housing providers cannot refuse to rent solely because of an ESA with proper documentation
- Housing providers cannot impose breed, weight, or size restrictions on an ESA
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
What Landlords Can and Cannot Do
Landlords CAN:
- Request a valid ESA letter from a licensed health service provider when the disability is not readily apparent
- Verify that the provider has an established therapeutic relationship with the tenant
- Deny a specific animal that poses a direct threat to health or safety that cannot be mitigated
- Deny a specific animal that would cause substantial physical damage to the property
- Hold you financially responsible for damage caused by the ESA
- Require you to comply with reasonable rules applying to all tenants (cleanup, noise, leash rules in common areas, etc.)
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
- Deny housing because of a blanket “no pets” policy
- Request medical records or access to healthcare providers
- Inquire about the diagnosis, nature, or severity of the person’s disability
- Retaliate against you for requesting an ESA accommodation
ESA Letter Requirements
Indiana’s ESA statute sets clear requirements for ESA documentation.
Who Can Write an ESA Letter
A valid ESA letter must come from a licensed health service provider who has an established therapeutic relationship with you. The provider must be licensed in Indiana or licensed in the state where the patient resides. Qualifying professionals include:
- Licensed Psychologists
- Psychiatrists (MD/DO)
- Licensed Clinical Social Workers (LCSWs)
- Licensed Professional Counselors (LPCs)
- Licensed Marriage and Family Therapists
- Primary care physicians
- Licensed psychiatric nurse practitioners
What the Letter Must Include
- The provider’s license type, number, and jurisdiction of licensure
- Confirmation the patient has a disability recognized under state or federal fair housing law
- A statement that the ESA is necessary to afford the person equal opportunity to use and enjoy the dwelling
- The date of the letter
The letter does not need to disclose your specific diagnosis.
What Constitutes Fraudulent Documentation
Indiana’s statute specifically defines fraudulent ESA documentation as coming from a provider who:
- Has not conducted a clinical evaluation of the person
- Does not have an established therapeutic relationship with the person
- Is providing documentation solely based on an online questionnaire without a genuine clinical assessment
To ensure your ESA letter will be accepted, work with a provider who:
- Has an established, ongoing therapeutic relationship with you
- Is licensed in Indiana or your state of residence
- Can verify their credentials if the landlord inquires
Public Access: What ESAs Cannot Do
ESAs have no public access rights in Indiana. Under both the ADA and Indiana state law, public access protections apply only to service animals — dogs individually trained to perform tasks for a person with a disability.
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
Businesses can legally deny entry to an ESA. However, some businesses may choose to be pet-friendly and allow ESAs at their discretion.
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
Indiana does not have a specific statute granting ESA workplace access rights. However, under the federal ADA (covering employers with 15+ employees) and the Indiana Civil Rights Law (covering employers with 6+ employees), an employee may request an ESA as a reasonable accommodation.
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
Penalties for ESA Fraud (IC 22-9-7-12)
Indiana has some of the strongest ESA fraud penalties in the nation. Under IC 22-9-7-12, the law targets both fraudulent tenants and fraudulent letter providers:
For Tenants
- Knowingly providing fraudulent documentation for the purpose of obtaining an ESA accommodation is a Class A infraction
- Penalty: Fine up to $10,000
For Providers (“Letter Mills”)
- A health service provider who knowingly provides false or fraudulent documentation regarding a person’s need for an ESA also faces a Class A infraction
- Penalty: Fine up to $10,000
- This directly targets online “ESA letter mills” that sell letters without genuine clinical relationships
Indiana’s $10,000 maximum fine is among the highest ESA fraud penalties in the country, reflecting the state’s serious approach to combating misrepresentation.
Filing a Complaint
If you believe your ESA housing rights have been violated, you have several options:
Indiana Civil Rights Commission
The Indiana Civil Rights Commission investigates housing discrimination complaints under the Indiana Civil Rights Law. You can file a complaint within one year of the alleged discriminatory act.
U.S. Department of Housing and Urban Development (HUD)
You can also file a complaint with HUD for violations of the federal Fair Housing Act. HUD complaints must be filed within one year of the alleged discrimination.
Private Lawsuit
You may file a private lawsuit in state or federal court seeking damages, injunctive relief, and attorney’s fees.
Key Takeaways
- Indiana has a specific ESA statute (IC 22-9-7) — enacted in 2018 with clear documentation rules and strong fraud penalties.
- ESA letters must come from a provider with an established therapeutic relationship — Indiana specifically defines “fraudulent documentation” as letters from providers without genuine clinical assessments.
- Landlords cannot charge pet fees for ESAs — no deposits, pet rent, or surcharges are permitted.
- Indiana has some of the toughest ESA fraud penalties in the nation — up to $10,000 for both fraudulent tenants and fraudulent letter providers.
- ESAs have no public access rights in Indiana — only trained service dogs are protected under public accommodation laws.
- Air travel no longer covers ESAs — ESAs are treated as pets on all major airlines since January 2021.
- File housing complaints within one year — through the Indiana Civil Rights Commission or HUD.
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.