1. What Constitutes an ESA & Housing Rights
In North Dakota, an Emotional Support Animal (ESA) is not classified as a service animal under the ADA, however, it is recognized under the Fair Housing Act (FHA). ESAs provide emotional or psychiatric comfort but aren't required to have specific training. Under FHA and state law, renters with ESAs are entitled to request reasonable accommodations—even in "no pets" buildings—with no additional pet fees or deposits. However, tenants remain financially responsible for any damage their ESA may cause.
2. Documentation Requirements & Process
To secure ESA protections, renters must provide a current ESA letter issued by a state-licensed mental health professional stating (a) a diagnosed disability and (b) that the ESA alleviates symptoms.
3. Limits, Responsibilities & Protections
Renters must ensure their ESA is well-behaved and under control; violations may lead to legitimate eviction or removal. While ESAs enjoy housing protections, they do not receive ADA-based access in public spaces or guaranteed acceptance on flights under the Air Carrier Access Act.
Ref. Service Animals & Emotional Support Animals Fact sheet. (n.d.). SERVICE AND EMOTIONAL SUPPORT ANIMALS.
