North Dakota ESA Laws: What Emotional Support Animal Owners Need to Know

Last Updated: February 2026

North Dakota does not have a standalone state ESA statute, but the state stands out for its anti-letter-mill housing provision (NDCC 47-16-07.5), which requires documentation providers to have a broader practice beyond just ESA certifications, and its ESA fraud penalties (NDCC 47-16-07.6), which allow eviction and up to $1,000 in damage fees for fraudulent claims. Housing protections come from the federal Fair Housing Act (FHA) and the ND Housing Discrimination Act (NDCC 14-02.5).

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 in North Dakota.

How ESAs Differ from Service Dogs

Understanding this distinction is critical, because it determines what rights you have:

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 North Dakota 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.

ND Housing Discrimination Act (NDCC 14-02.5)

The ND Housing Discrimination Act prohibits housing discrimination based on disability, including refusal to make reasonable accommodations. This provides a state-level enforcement mechanism for ESA housing rights.

Housing Documentation Provision (NDCC 47-16-07.5)

This statute specifically addresses ESA documentation in no-pets rental housing. A landlord may request “reliable supporting documentation” only if the tenant asserts a disability requiring an assistance animal. The documentation must:

• Come from a physician or medical professional
• Confirm the tenant’s disability and the relationship between the disability and the need for the animal
• Come from a provider who does not operate in the state solely to provide certification for service or assistance animals (anti-letter-mill provision)

If the disability or need is readily apparent, the landlord cannot demand documentation.

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 documentation from a licensed healthcare provider when the disability or need is not readily apparent
• Verify the provider is not operating solely as an ESA certification business
• Deny the accommodation if the animal poses a direct threat to health or safety
• Deny the accommodation if the animal would cause significant property damage or impose unreasonable costs
• Hold you financially responsible for damage caused by the ESA
• Pursue eviction for lease breaches related to the animal

Landlords CANNOT:

• Charge pet deposits, pet rent, or any fees for your ESA
• Require documentation when the disability is readily apparent or already known
• Require access to medical records or medical providers
• Require disclosure of specific diagnosis information
• Impose breed, weight, or size restrictions on the ESA
• Deny housing because of a blanket “no pets” policy
• Retaliate against you for requesting an ESA accommodation

ESA Letter Requirements

Who Can Write an ESA Letter

A valid ESA letter must come from a licensed healthcare provider who has personal knowledge of your condition. Qualifying professionals include:

• Licensed Physicians (MD/DO)
• Licensed Psychologists
• Licensed Clinical Social Workers
• Licensed Professional Counselors
• Psychiatrists
• Psychiatric Nurse Practitioners

What the Letter Must Confirm

1. You have a disability as defined by the FHA
2. The animal provides disability-related support — emotional, cognitive, or therapeutic benefit
3. The provider has personal knowledge of your condition

Anti-Letter-Mill Provision

North Dakota is one of the few states with a targeted anti-letter-mill provision. Under NDCC 47-16-07.5, documentation for a housing accommodation must come from a physician or medical professional who “does not operate in this state solely to provide certification for service or assistance animals.”

This means providers whose entire business is issuing ESA letters are not valid sources of documentation in North Dakota. The provider must have a broader clinical practice.

Note: A 2025 bill (SB 2193) attempted to add stricter requirements including a mandatory 30-day provider-patient relationship and in-person assessments, but it failed in the House 12-81 after passing the Senate 44-2.

Public Access: What ESAs Cannot Do

ESAs have no public access rights in North Dakota. NDCC Chapter 25-13 applies only to trained service animals. ESAs cannot enter:

• 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

The only exception is tenant housing, which is governed by the FHA, NDCC 14-02.5, and NDCC 47-16-07.5.

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

North Dakota does not have a specific statute granting ESA workplace access rights. However, the ND Human Rights Act (NDCC 14-02.4) covers employers with 1 or more employees and requires reasonable accommodations for employees with disabilities. An ESA request in the workplace would be evaluated on a case-by-case basis.

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

ESA Fraud

North Dakota has specific ESA fraud penalties — something many states lack.

NDCC 25-13-02.2 — False Service Animal Claim

Knowingly making a false claim that a pet is a service animal to gain a housing accommodation is an infraction (up to $1,000 fine).

NDCC 47-16-07.6 — Fraudulent Housing Documentation

Knowingly making a false disability claim or providing fraudulent supporting documentation to obtain a housing accommodation results in:

• An infraction conviction
• The lessor may evict the tenant
• The lessor is entitled to a damage fee up to $1,000

Filing a Complaint

If you believe your ESA housing rights have been violated, you have several options:

ND Department of Labor and Human Rights

The Division of Human Rights investigates housing discrimination complaints under the ND Housing Discrimination Act. Complaints must be filed within 1 year of the alleged discriminatory act. Contact: 1-800-582-8032.

U.S. Department of Housing and Urban Development (HUD)

You can also file a complaint with HUD within one year of the alleged discrimination.

Private Lawsuit

You may file a private lawsuit in state or federal court seeking injunctive relief, compensatory damages, and attorney’s fees.

Key Takeaways

• North Dakota has no standalone ESA statute — but NDCC 14-02.5 and 47-16-07.5 provide housing protections.
• Anti-letter-mill provision is built into state law — providers operating solely to issue ESA certifications are not valid documentation sources.
• ESA fraud carries real consequences — up to $1,000 in damage fees plus potential eviction under NDCC 47-16-07.6.
• Landlords cannot charge pet fees for ESAs — no deposits, pet rent, or surcharges are permitted.
• ESAs have no public access rights in North Dakota — only housing protections apply.
• The 2025 attempt to add stricter ESA rules failed — SB 2193 was rejected in the House 12-81.
• File housing complaints within 1 year — enforced by the ND Division of Human Rights.

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.