ESA letter laws in every state, updated for 2026
The Fair Housing Act applies everywhere, but each state adds its own rules: who may write a letter, how long the clinician must know you, whether pet fees are allowed, and which agency takes complaints. Choose your state for a full guide.
Fair Housing Act plus state law30 day relationship before a letter
Compare all 50 states and DC
| State | ESA specific state law | Waiting period | Pet fees or deposits | Fair housing agency |
|---|---|---|---|---|
| Alabama | Yes. Ala. Code 24-8A-1 to 24-8A-5 (Act 2018-235) | None in Alabama law | No extra charge for trained service animals (21-7-9); no statute on ESA fees | HUD Region IV in Atlanta, plus local fair housing centers |
| Alaska | None. Federal Fair Housing Act and AS 18.80.240 apply | None | Extra pet deposit up to one month's rent allowed for non service animals (AS 34.03.070(h)); ask for a waiver | Alaska State Commission for Human Rights |
| Arizona | No letter statute, but A.R.S. 41-1491 defines assistance animals to include emotional support | None | No Arizona statute on fees for assistance animals in housing | Arizona Attorney General, Civil Rights Division |
| Arkansas 30 day rule | Yes. Ark. Code 20-14-1001 to 20-14-1005 (Act 268, effective Aug 1, 2023) | At least 30 days of client relationship before the letter | No extra fee for trained service animals (20-14-304); no statute on ESA fees | Arkansas Fair Housing Commission |
| California 30 day rule | Yes. Health and Safety Code 122317 to 122319.5 (AB 468, effective Jan 1, 2022) | At least 30 days of client relationship before the letter | Civil Rights Department: no pet deposit or pet rent for ESAs approved as an accommodation | California Civil Rights Department |
| Colorado | Yes. C.R.S. 12-245-229 and HB26-1045 (effective Aug 12, 2026) | None set by statute | No extra charge for service animals in housing (24-34-803); ask in writing to waive ESA fees | Colorado Civil Rights Division |
| Connecticut | None. Connecticut relies on the Fair Housing Act and CGS 46a-64c | No 30 day rule. Most letters arrive 1 to 2 business days after the evaluation | No statute on assistance animals. Security deposits are capped at two months' rent (CGS 47a-21) | Commission on Human Rights and Opportunities, 860-541-3400 |
| Delaware | None. Delaware relies on the Fair Housing Act and 6 Del. C. 4603A | None. Most letters arrive 1 to 2 business days after the evaluation | Capped at one month's rent; barred for a resident's trained support animal (25 Del. C. 5514(i)) | Division of Human and Civil Rights, toll free 877-544-8626 |
| District of Columbia | None. DC relies on the Human Rights Act (2-1402.21) and the Fair Housing Act | None. Most letters arrive 1 to 2 business days after the evaluation | No extra charge for a service animal (7-1006(b)); OHR says you can request a pet deposit waiver for an ESA | DC Office of Human Rights, (202) 727-4559 |
| Florida | Yes. Fla. Stat. 760.27 (2020) | None. Most letters arrive 1 to 2 business days after the evaluation | No extra compensation for an approved ESA (760.27(2)); you pay for damage | Florida Commission on Human Relations, 800-342-8170 |
| Georgia | None. Georgia relies on the Fair Housing Act and O.C.G.A. 8-3-202 | None. Most letters arrive 1 to 2 business days after the evaluation | No extra charge for a guide or service dog (O.C.G.A. 30-4-3); ESA fee waivers are requested case by case | Georgia Commission on Equal Opportunity, 800-473-6736 |
| Hawaii | Yes. HRS 515-3(a)(9) and (b) define assistance animals to include ESAs | None in statute. Most letters arrive 1 to 2 business days after the evaluation | No extra pet deposit for an assistance animal accommodation (HRS 521-44(b)) | Hawaii Civil Rights Commission, (808) 586-8636 |
| Idaho | None. Idaho relies on the federal Fair Housing Act and the Idaho Human Rights Act | None in Idaho law | No Idaho rule for emotional support animals. Service dogs in rental housing carry no extra charge (Idaho Code 18-5812A) | Idaho Human Rights Commission, 208-334-2873 |
| Illinois | Assistance Animal Integrity Act, 310 ILCS 120 (effective Jan 1, 2020) | None set by Illinois law | Not allowed for assistance animals, nor special liability insurance (310 ILCS 120/10(f)). You still pay for damage | Illinois Department of Human Rights, (312) 814-6200 |
| Indiana | Indiana Code 22-9-7, Emotional Support Animals in Housing (2018, amended 2019) | No set number of days in Indiana law | A landlord may not require a fee to maintain an ESA (IC 22-9-7-13). You pay for damage | Indiana Civil Rights Commission, (317) 232-2600 |
| Iowa 30 day rule | Iowa Code 216.8B and 216.8C (2019, rewritten 2024) | The finding states whether a 30 day relationship existed. GetPetESA issues Iowa letters only after 30 days | No Iowa statute addresses fees for assistance animals. You are liable for damage (216.8B(8)) | Iowa Office of Civil Rights, 515-281-4121 |
| Kansas | None. Bills in 2022 (SB 360) and 2023 (SB 170) died in committee | None in Kansas law | No rule for emotional support animals. Service dogs in rental housing carry no extra charge (K.S.A. 39-1108) | Kansas Human Rights Commission, 785-296-3206 |
| Kentucky | KRS 383.085 (2018, amended 2019): emotional support animals are assistance animals in housing | No set number of days. Providers whose primary service is selling documentation do not qualify | No pet fee, deposit or additional rent for an assistance animal. You pay for damage if pet owners would | Kentucky Commission on Human Rights, (502) 595-4024 |
| Louisiana 30 day rule | Yes. La. R.S. 46:1971 to 1978 (Act 558 of 2024), in force since August 1, 2024 | At least 30 days after the relationship and clinical evaluation begin, with at least two sessions | No statute on ESA fees; trained service dogs cannot be charged extra (R.S. 46:1954) | Louisiana Attorney General, Equal Housing Opportunity Section |
| Maine | No letter statute, but the Maine Human Rights Act defines assistance animals to include untrained support animals, 5 M.R.S. 4553(1-H) | None in Maine law | Not allowed for an assistance animal; you pay for any damage it causes, 5 M.R.S. 4582-A(3) | Maine Human Rights Commission, 207-624-6290 |
| Maryland | No letter statute; Maryland Fair Housing Act, State Government Article Title 20, Subtitle 7, plus MCCR guidance from September 2026 | None in Maryland law | MCCR says no fees, deposits or processing charges for an ESA; you can still be charged for real damage | Maryland Commission on Civil Rights, 410-767-8600 |
| Massachusetts | None; protection comes from M.G.L. c. 151B, section 4(6), (7) and (7A) | None in Massachusetts law | Limited to first and last month's rent, a security deposit up to one month and a lock fee, M.G.L. c. 186, 15B | Massachusetts Commission Against Discrimination, 617-994-6000 |
| Michigan | None; proposals in 2018 (SB 663) and 2022 (HB 5751) did not become law | None in Michigan law | No ESA fee statute; total security deposits, including refundable pet deposits, are capped at 1.5 months' rent, MCL 554.602 | Michigan Department of Civil Rights, 800-482-3604 |
| Minnesota | Yes. Minn. Stat. 504B.113, service and support animal documentation | None for Minnesota licensed professionals | Not allowed for a support animal with an accommodation; pet fee leases must disclose this, 504B.113, subd. 3 | Minnesota Department of Human Rights, 651-539-1100 |
| Mississippi | None. Mississippi relies on the federal Fair Housing Act | No state waiting period | No state statute for assistance animals in rentals | HUD Office of Fair Housing and Equal Opportunity, Jackson field office |
| Missouri | RSMo 209.204.3 penalizes misrepresenting an assistance animal for housing | None under Missouri law | RSMo 209.190 bars extra charges for service dogs; ESA fees are handled as an accommodation request | Missouri Commission on Human Rights, 180 days to file |
| Montana 30 day rule | MCA 70-24-114 (rentals) and 70-33-110 (mobile home lots), enacted 2023, amended 2025 | Client relationship of at least 30 days before the letter | MCA 49-4-214 bars extra charges for service animals; no statute on ESA fees | Montana Human Rights Bureau, 180 days to file |
| Nebraska | None. Nebraska relies on its Fair Housing Act and the federal Fair Housing Act | None | Pet deposits capped at one fourth of a month's rent; no extra deposit for service animals | Nebraska Equal Opportunity Commission, one year to file |
| Nevada | NRS 118.105 covers animals that assist, support or provide service to a person with a disability | None | NRS 118.100 bars disability discrimination in deposits and terms; no ESA specific fee rule | Nevada Equal Rights Commission, one year to file |
| New Hampshire | None. New Hampshire relies on RSA 354-A and the federal Fair Housing Act | None | No ESA rule; total security deposit capped at one month's rent or $100, whichever is greater | New Hampshire Commission for Human Rights, 180 days to file |
| New Jersey | None. Requests fall under the Law Against Discrimination, N.J.S.A. 10:5-12 | No 30 day relationship rule in New Jersey | DCR: no extra deposit, pet fee or added renter's insurance for an ESA; you pay for real damage | New Jersey Division on Civil Rights, housing hotline 1-866-405-3050 |
| New Mexico | None. Federal Fair Housing Act plus the Human Rights Act, NMSA 28-1-7(G) | No 30 day relationship rule | No state statute on fees for assistance animals; you pay for real damage | Human Rights Bureau, NM Department of Workforce Solutions, 1-800-566-9471 |
| New York | No letter statute, but Executive Law 296(18)(2) names animals as a reasonable accommodation | None under state law | No statute for ESAs; Civil Rights Law 47-b bars extra charges for trained guide, hearing and service dogs | NYS Division of Human Rights, (844) 697-3471; NYC Commission on Human Rights, (212) 416-0197 |
| North Carolina | None. HB 796 (2019) passed the House and stalled in the Senate | No 30 day relationship rule | No statute for ESAs; G.S. 168-4.5 bars fees for trained service animals | NC Human Relations Commission, Civil Rights Division of OAH, (984) 236-1914 |
| North Dakota | Yes. NDCC 47-16-07.5 and 47-16-07.6 (penalty section added 2017) | None in statute | Not allowed for a service or companion animal required as an accommodation, NDCC 47-16-07.1 | ND Department of Labor and Human Rights, 1-800-582-8032 |
| Ohio | None. ORC 4112.02(H)(19) and the federal Fair Housing Act apply | No 30 day relationship rule | OAC 4112-5-07(C): no extra charge for an animal assistant; tenant pays for damage | Ohio Civil Rights Commission, 1-888-278-7101, file within one year |
| Oklahoma | 41 O.S. 113.2 (2018) lets landlords request and verify reliable documentation | None under Oklahoma law | No Oklahoma statute addresses fees for emotional support animals | Office of Civil Rights Enforcement, one year to file |
| Oregon | None for letters; ORS 90.300(4) covers deposits for companion animals | None under Oregon law | No pet security deposit for a service or companion animal kept as an accommodation | BOLI Civil Rights Division, one year to file |
| Pennsylvania | Assistance and Service Animal Integrity Act, Act 118 of 2018 | None under Pennsylvania law | No statute on ESA fees; the PHRC's draft guidance bars pet fees for service animals | Pennsylvania Human Relations Commission, 180 days to file |
| Rhode Island | None for letters; the state relies on 34-37-4(e) and the federal Fair Housing Act | None under Rhode Island law | No extra charge for a trained guide dog or personal assistive animal; total security deposit capped at one month's rent | Rhode Island Commission for Human Rights, one year to file |
| South Carolina | S.C. Code 31-21-70(N) (2019): two landlord questions and a documentation standard | None under South Carolina law | No extra charge for an assistance dog in housing (43-33-70); no statute on ESA fees | South Carolina Human Affairs Commission, 180 days to file |
| South Dakota | SDCL 43-32-33 to 43-32-36 (2018), documentation rules for assistance animals | None under South Dakota law | Any security deposit, however labeled, is capped at one month's rent unless both sides agree (SDCL 43-32-6.1) | South Dakota Division of Human Rights, 180 days to file |
| Tennessee | Yes. Tenn. Code 66-7-111, mirrored by 66-28-406 for leases under the URLTA | None in state law; most letters arrive 1 to 2 business days after the evaluation | No statute bans them for support animals, but you may request an exception to any animal payment policy | Attorney General's Civil Rights Enforcement Division, since July 1, 2025 |
| Texas | None. Texas relies on the federal Fair Housing Act and the Texas Fair Housing Act | None; most letters arrive 1 to 2 business days after the evaluation | State ban covers trained service dogs only (Human Resources Code 121.003(h)); ESA fees fall under fair housing law | Texas Workforce Commission, Civil Rights Division |
| Utah | Yes. Utah Code 26B-6-801 to 805 covers support animals in housing | None; most letters arrive 1 to 2 business days after the evaluation | Banned for support and service animals in private housing; landlord may recover reasonable repair costs | Utah Labor Commission, Antidiscrimination and Labor Division (UALD) |
| Vermont | None. Vermont relies on the federal Fair Housing Act and its own fair housing law | None; most letters arrive 1 to 2 business days after the evaluation | Human Rights Commission guidance: no pet deposit, breed or size limits for assistance animals | Vermont Human Rights Commission, Montpelier |
| Virginia | Yes. Va. Code 36-96.1:1 (definition) and 36-96.3:1 (rights and documentation) | None in state law; most letters arrive 1 to 2 business days after the evaluation | Banned: no pet fee, pet deposit or additional rent for an assistance animal | Virginia Fair Housing Office, Department of Professional and Occupational Regulation |
| Washington | None. Washington relies on the federal Fair Housing Act and RCW 49.60 | None; most letters arrive 1 to 2 business days after the evaluation | WAC 162-38-100 bars pet deposits for trained service animals; ESA fee waivers are requested as accommodations | Washington State Human Rights Commission |
| West Virginia | Yes. W. Va. Code 16B-18-3(p) and 16B-18-5 cover support animals under 150 pounds | None in state law; no 30 day relationship rule | Approval may not be conditioned on pet fees, deposits or pet terms | West Virginia Human Rights Commission, 304-558-2616 |
| Wisconsin | Yes. Wis. Stat. 106.50(1m)(im) and (2r)(br), added by 2017 Wisconsin Act 317 | None. A 2025 bill adding a 30 day relationship rule was vetoed | No extra compensation as a condition of continued residence; tenant pays for any damage | DWD Equal Rights Division, (608) 266-3131 |
| Wyoming | No documentation statute; W.S. 35-13-201(c) and 35-13-205 protect assistance animals, including emotional support, in rentals | None; no 30 day relationship rule | No Wyoming statute; tenant is liable for damage the animal causes | No state agency assigned; HUD fair housing office for Region VIII in Denver, (800) 669-9777 |
Summaries as of October 9, 2026. Each state guide cites the statutes and agency pages behind its row. Download this table as CSV.
What actually changes from state to state
Federal law sets the floor. Under the Fair Housing Act, housing providers across the country must consider reasonable accommodation requests from people with disabilities, including requests to live with an assistance animal. State law can add to that floor in five main ways.
- Who may write the letter. California, Florida, Kentucky, Montana and others require the professional to be licensed in the state, or to have treated you in person, or both.
- How long they must know you. California, Arkansas, Louisiana and Montana require a 30 day relationship, and Iowa letters must say whether one existed.
- Fees and deposits. Kentucky, Virginia, Utah, Minnesota and Indiana bar pet fees for assistance animals by statute; California guidance does the same.
- Penalties for faking it. Many states punish misrepresenting a pet as an assistance or service animal, from fines to misdemeanors.
- Where to complain. Most states have their own fair housing agency, and some said in 2026 that ESAs remain protected under state law even after HUD narrowed its enforcement.
Questions about state rules
Does an ESA letter from one state work in another?
A letter is written by a clinician licensed in the state where you live. If you move, especially to a state with its own rules such as California, Florida or Montana, get a new evaluation from a clinician licensed in your new state.
Which states have a 30 day waiting period?
California, Arkansas, Louisiana and Montana require a 30 day client relationship before an emotional support animal letter, and Iowa letters must state whether a 30 day relationship existed. GetPetESA waits the full 30 days in all five states.
Which states ban pet deposits for ESAs?
Kentucky, Virginia, Utah, Minnesota and Indiana bar pet fees for assistance animals in statute, Oregon bars a pet deposit for a companion animal kept as an accommodation, and California guidance bars deposits and pet rent. Each state guide explains the exact rule.
Did any states keep ESA protections after HUD's 2026 change?
Yes. California, Colorado, Maryland, Massachusetts, New York City and Pennsylvania said emotional support animals remain protected under their own laws. Other states have not spoken, and their laws still apply.
Get a letter that follows your state's rules
Your clinician is licensed where you live, and state waiting periods are built into your timeline.