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

Last Updated: March 2026

South Dakota provides ESA housing protections through SDCL §§ 43-32-33 through 43-32-36 (enacted 2018), which explicitly include ESAs in the “service animal” housing definition. The state has a notable anti-letter-mill provision barring documentation from providers who “operate in this state solely to provide certification for service or assistance animals” (SDCL 43-32-35). ESA fraud penalties include up to $1,000 in damages plus eviction (SDCL 43-32-36). Housing complaints are filed with the Division of Human Rights within 180 days and must be notarized.

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 South 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.

South Dakota’s Broad Housing Definition (SDCL 43-32-33)

For housing purposes, South Dakota uses a much broader definition than the ADA. Under SDCL 43-32-33, “service animal” means any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal. This explicitly includes ESAs in the state’s housing framework.

The Anti-Letter-Mill Provision (SDCL 43-32-35)

South Dakota was one of the earlier states to enact anti-letter-mill legislation (2018). SDCL 43-32-35 requires that supporting documentation:

• Must confirm the tenant’s disability
• Must confirm the relationship between the disability and the need for accommodation
• Must originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals

This provision effectively bars online-only ESA letter mills that have no legitimate practice in South Dakota beyond writing ESA letters. The provider must have a real practice beyond just issuing certifications.

Your Housing Rights

Housing is where ESA protections are strongest. Both federal and South 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.

South Dakota State Housing Protections

SDCL 43-32-33 through 43-32-36 provide state-level ESA housing protections including the broad definition, documentation requirements, anti-letter-mill provision, and fraud penalties.

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 reliable supporting documentation if the disability or need is not readily apparent or already known (SDCL 43-32-34)
• Reject documentation from providers who operate solely to provide ESA certifications
• Deny the accommodation if the animal poses a direct threat to health or safety
• Deny the accommodation if the animal would cause substantial physical damage
• Deny if accommodation would impose an undue financial or administrative burden
• Hold you financially responsible for damage caused by the ESA

Landlords CANNOT:

• Charge pet deposits, pet rent, or any fees for your ESA
• Require detailed medical records
• Require special certification, ID cards, or training documentation
• 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 a legitimate practice beyond just writing ESA letters. Given South Dakota’s anti-letter-mill provision, this is especially important. 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. There is a relationship between the disability and the need for the animal
3. The provider has a legitimate practice (not solely ESA certifications)

What to Avoid

Due to South Dakota’s anti-letter-mill provision, avoid:

• Online services that operate solely to provide ESA certifications
• Services that have no other practice or presence in South Dakota
• Providers who guarantee instant approval without a real clinical assessment

Public Access: What ESAs Cannot Do

ESAs have no public access rights in South Dakota. Only trained service animals are permitted in public places under SDCL 20-13-23.2. 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 and SDCL 43-32-33.

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

South Dakota does not have a specific statute granting ESA workplace access rights. However, the Human Relations Act covers all employers (no minimum size) 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 Penalties (SDCL 43-32-36)

South Dakota takes ESA fraud seriously. Under SDCL 43-32-36, a tenant who knowingly makes a false disability claim or provides fraudulent ESA documentation faces:

• Eviction through standard landlord-tenant procedures
• A damage fee not to exceed $1,000 payable to the landlord

The “knowingly” standard means the tenant must have known the claim was false or the documentation was fraudulent.

Filing a Complaint

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

South Dakota Division of Human Rights

Complaints must be filed within 180 days of the last discriminatory act. Important: South Dakota requires complaints to be notarized — a unique procedural requirement.

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 federal court within 2 years of the alleged discrimination.

Key Takeaways

• South Dakota explicitly includes ESAs in its housing definition — SDCL 43-32-33 covers ESAs, therapy animals, and assistance animals.
• The anti-letter-mill provision bars certification-only providers — documentation must come from a provider with a legitimate practice beyond ESA letters.
• ESA fraud can cost you $1,000 and your lease — SDCL 43-32-36 allows eviction and damages for knowingly false claims.
• Landlords cannot charge pet fees for ESAs — no deposits, pet rent, or surcharges are permitted.
• ESAs have no public access rights — only housing protections apply.
• File state complaints within 180 days — and remember the notarization requirement.
• Get your letter from a real provider — avoid certification-only services that may be rejected under SDCL 43-32-35.

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.