Can a landlord deny a service or emotional support animal?
Short answer: Under the federal Fair Housing Act, landlords must generally allow assistance animals, including emotional support animals, as a reasonable accommodation for a person with a disability, even with a no-pets policy. A landlord may ask for reliable documentation when the disability or need is not obvious, and may deny in limited cases. Many states add their own rules.
See the federal assistance-animal rule.
The rule in every state
Each answer below links to the statute or official page it comes from (50 of 51 jurisdictions verified).
| State | Service & support animals (state law) |
|---|---|
| Alabama | Alabama's Assistance and Service Animal Integrity in Housing Act lets a landlord with a no-animals policy ask for reliable documentation, from the person's medical provider, of a disability and the disability-related need for an assistance animal, but only when these are not readily apparent or known. Documentation must be kept confidential. Misrepresenting a disability or need, making false statements to obtain documentation, creating or providing false documents, or putting a vest or sign on a pet to pass it off as an assistance or service animal is punishable by a $500 civil penalty or a Class C misdemeanor for a first offense, and a Class B misdemeanor after that. A tenant may not be charged extra for a service animal but is liable for damage it causes; the landlord may ask for proof of vaccinations. Ala. Code §§ 24-8A-1 to 24-8A-5; § 21-7-9(c) |
| Alaska | A landlord may charge an extra pet deposit (up to one month's rent, usable only for pet damage) but not for a service animal, defined as an animal individually trained to do work or tasks for a person with a disability, including a psychiatric disability. Alaska has no state statute on emotional support animal documentation or penalties for misrepresenting an animal in housing; the federal Fair Housing Act and the Alaska Human Rights Act's ban on disability discrimination in rentals apply. AS 34.03.070(h), (i)(2); AS 18.80.240 |
| Arizona | Arizona's service-animal statute covers public places, not housing: it defines a service animal as a dog or miniature horse trained to perform tasks for a person with a disability and imposes a civil penalty of up to $250 for fraudulently misrepresenting an animal as a service animal to a public place. Arizona has no state statute on emotional support animal documentation or pet-fee limits in rental housing; reasonable-accommodation requests are governed by the federal Fair Housing Act and the Arizona Fair Housing Act. A.R.S. § 11-1024 |
| Arkansas | Arkansas law guarantees people with visual, hearing or other physical disabilities full and equal access to rental housing, and makes interfering with that right a misdemeanor. Misrepresenting an animal as a service animal to a public accommodation carries a civil penalty of up to $250 per violation. Arkansas has no state statute on emotional support animal documentation or pet-fee limits in housing; the federal Fair Housing Act governs those requests. Ark. Code Ann. §§ 20-14-302, 20-14-305, 20-14-310 |
| California | A landlord may not refuse to rent to, or refuse to let keep, a person with a disability who uses a guide, signal or service dog; lease terms may reasonably regulate the dog, and the tenant remains liable for proven damage. For emotional support dogs, a health care practitioner may provide documentation only if licensed, in a client-provider relationship for at least 30 days (waived for verified homeless individuals), after a clinical evaluation, and after warning about the penalty for fraud. Knowingly and fraudulently representing an emotional support dog as a service dog carries civil penalties of $500, $1,000 and $2,500 for first, second and later violations. These rules do not reduce reasonable-accommodation rights under state and federal fair housing law. Cal. Civ. Code § 54.1(b)(6); Health & Safety Code §§ 122317, 122318, 122319, 122319.5 |
| Colorado | Intentionally misrepresenting entitlement to an assistance animal to obtain a housing accommodation, after a prior written or verbal warning and knowing the animal is not an assistance animal or the person has no disability, is a civil infraction: $25 for a first offense, $50-$200 for a second, and $100-$500 for later offenses. If a landlord asks for documentation about a tenant's assistance animal, it must give the tenant the state Civil Rights Division form if the division has posted one, though the tenant need not use it. Pet deposits are capped at $300 (refundable) and pet rent at the greater of $35 or 1.5% of monthly rent. C.R.S. § 18-13-107.3; § 24-34-309(2); § 38-12-106 |
| Connecticut | Connecticut has no housing-specific statute on emotional support animal documentation, misrepresentation penalties or pet-fee limits. Disability discrimination in housing is prohibited by the state fair housing law, and the Commission on Human Rights and Opportunities must post educational materials on the differences between service, emotional support and therapy animals and how a landlord may lawfully determine which an animal is. Service animals in public accommodations may be kept at no extra charge. Conn. Gen. Stat. §§ 46a-64c, 46a-64d, 46a-64(a) |
| Delaware | A landlord may require a pet deposit of up to one month's rent, but may not require any pet deposit for a certified and trained support animal for a disabled resident of the unit. A 'support animal' is defined as an animal individually trained to do work or tasks for a disabled person. Delaware has no state statute on emotional support animal documentation or misrepresentation penalties; reasonable-accommodation requests are governed by state and federal fair housing law. 25 Del. C. §§ 5514(i), 5141 (support animal) |
| District of Columbia | No D.C. statute specifically on service or emotional support animal documentation, misrepresentation penalties or pet-fee limits in housing. Requests to keep an assistance animal are reasonable-accommodation requests under the D.C. Human Rights Act's ban on disability discrimination in housing and the federal Fair Housing Act. D.C. Code § 2-1402.21 |
| Florida | Florida's ESA law (2020) requires housing providers, to the extent federal law requires, to allow emotional support animals as a reasonable accommodation without extra compensation. If the disability or need is not readily apparent, the provider may request reliable information (e.g., from a health care practitioner or telehealth provider with personal knowledge; out-of-state practitioners only if they provided in-person care at least once), may require proof of licensing and vaccination, and may not demand diagnosis, medical records, a specific form, or a notarized statement. Internet ESA registrations/ID cards alone are not sufficient. Tenants are liable for damage caused by the animal. Falsifying ESA documentation or misrepresenting a need is a second-degree misdemeanor plus 30 hours of community service; misrepresenting a service animal is likewise penalized. Fla. Stat. §§ 760.27; 817.265; 413.08(6), (9) |
| Georgia | Georgia has no state statute specific to emotional support animals in housing (no state ESA documentation rule or ESA misrepresentation penalty identified). By statute, blind, visually or physically disabled, and deaf persons with a trained guide or service dog are entitled to full and equal access to housing and may not be charged extra for the dog, but are liable for damage it causes. Requests for ESAs and other assistance animals are handled under federal and state fair-housing reasonable-accommodation rules. O.C.G.A. § 30-4-3; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 4 |
| Hawaii | Refusing a reasonable accommodation needed by a person with a disability is a discriminatory practice; for an assistance animal (including service, therapy, comfort, or emotional support animals, trained or untrained, any species), reasonable restrictions may be imposed. If the disability or need is not readily apparent, the owner may request verification (e.g., a letter from the treating health care professional, mental health professional, or social worker), but may not request medical records or ask about diagnosis, nature, or severity. Online vests, tags, or registrations are not valid verification. No pet deposit may be charged for an assistance animal that is a reasonable accommodation. Knowingly misrepresenting an animal as a service animal carries a civil fine of $100–$250 (first violation) and at least $500 for later violations. HRS §§ 515-3(a)(9), (b); 521-44(b)(1)(B); 347-2.6 |
| Idaho | Idaho has no statute specific to emotional support animals in rental housing (no state ESA documentation rule or ESA fee rule). State law defines a service dog (emotional support does not count as work or tasks), gives individuals with disabilities the right to be accompanied by a service dog in public accommodations, hotels, and lodging houses without extra charge (but liable for damage), and makes it a misdemeanor for a person without a disability to use an assistance animal or service dog to try to gain treatment or benefits as a person with a disability. Rental-housing accommodation requests are governed by federal and state fair-housing law; the Attorney General states that support, service, and companion animals are not legally 'pets.' Idaho Code §§ 56-701A(5); 56-704; 18-5811A; Idaho AG, Landlord and Tenant Manual (July 2026), p. 2 |
| Illinois | Illinois' Assistance Animal Integrity Act (eff. 2020) covers emotional support and service animals that qualify as a reasonable accommodation. A housing provider may require reliable documentation only if the disability or need is not readily apparent or known; documentation must be in writing, from someone with whom the person has a therapeutic relationship, and describe the disability-related need. Online certificate sellers that do no meaningful assessment do not qualify. Providers may offer a standard form but may not deny a request for not using it, may ask for documentation for each animal when more than one is requested, and may deny or rescind for undue burden, direct threat, substantial property damage, or uncontrolled behavior after an individualized assessment. Providers are immune from liability for injuries caused by a permitted assistance animal. 310 ILCS 120/5, 120/10, 120/15 |
| Indiana | Indiana has no statute specific to emotional support animals in rental housing (no state ESA documentation, fee, or misrepresentation rule identified). Indiana's fair housing law prohibits refusing reasonable accommodations in rules, policies, practices, or services needed to give a person with a disability equal opportunity to use a dwelling, which covers assistance-animal requests. A separate chapter defines a service animal as a dog or miniature horse individually trained to work or perform tasks and protects access to public accommodations. IC 22-9.5-5-5; IC 16-32-3-1.5, -2 |
| Iowa | Iowa law lets a person with a disability request to keep an assistance or service animal as a reasonable accommodation; the landlord must respond within a reasonable time and in writing. If the disability or need is not readily apparent, the landlord may request supporting information, which may be a licensed provider's written finding stating, among other things, whether a provider-patient relationship (in person or telehealth) has existed for at least 30 days, the expiration date, license number, and whether a separate fee was paid for the finding. Online registrations, ID cards, patches, or certificates are not sufficient. Landlords may not request diagnosis, severity, or medical records; may require proof of licensure and vaccination; and may deny for undue hardship, fundamental alteration, direct threat, or substantial property damage. Tenants are liable for damage caused by the animal. Intentionally misrepresenting an animal as a service animal is a simple misdemeanor. Iowa Code §§ 216.8B; 216.8C; 216C.11(3) |
| Kansas | Kansas has no statute specific to emotional support animals in housing. By statute, a person with a guide, hearing assistance, or service dog (a dog specially selected, trained, and tested) has the right to be accompanied by it in acquiring and using rental housing without an extra charge, but is liable for damage the dog causes. A dog present only for comfort, protection, or personal defense is not an assistance dog under state law. Falsely claiming the right to be accompanied by an assistance dog in the places listed in K.S.A. 39-1101, or claiming a disability to acquire an assistance dog, is a class A nonperson misdemeanor. ESA requests are handled under federal and state fair-housing reasonable-accommodation rules. K.S.A. 39-1102; 39-1107; 39-1108; 39-1112; 39-1113 |
| Kentucky | Kentucky's assistance-animal law (statewide) covers service animals and emotional support animals. Unless the disability or need is readily apparent, a housing provider may ask for reliable documentation, including from a provider with whom the person has a therapeutic relationship — a Kentucky-licensed clinical social worker, professional counselor, APRN, psychologist, or physician with an active in-state practice (or an out-of-state provider for people moving in with an ongoing relationship); providers whose primary service is selling accommodation letters do not qualify. The provider may independently verify documents. No pet fee, pet deposit, or extra rent may be charged, but the tenant is responsible for physical damage if pet owners would be, and must follow rules that apply to all residents. Landlords are not liable for injuries caused by a permitted assistance animal. Knowingly misrepresenting a disability or need, providing false documents, or fitting a pet with an assistance-animal vest for housing is a violation with a fine up to $1,000. KRS 383.085 |
| Louisiana | The Louisiana Support and Service Animal Integrity Act (2024) sets strict rules for support-animal documentation. A health care provider may issue documentation only if licensed in Louisiana (or through a licensure compact) and qualified to diagnose disabilities, and only after a disability assessment. The provider must have a therapeutic relationship of at least 30 days and at least 2 sessions (in person or remote), and must do a clinical evaluation at least 30 days before. The letter must show its effective date, the provider's license number and license type. Online letter mills don't qualify. Individuals may not falsely claim a disability-related need for a support animal or misrepresent an animal as a service dog to a residential landlord. Fines are up to $500 for a first offense, $1,000 for a second and $2,500 for later offenses. Sellers of support animals or certificates must give written notices. The Act doesn't limit fair housing accommodation rights. La. R.S. 46:1971-1978 (Acts 2024, No. 558, HB 407) |
| Maine | Under the Maine Human Rights Act, refusing to allow an assistance animal for a person with a physical or mental disability is unlawful housing discrimination. The only exceptions are if the animal poses a direct threat, would cause substantial property damage, or would substantially interfere with others' enjoyment. The landlord cannot charge a fee or deposit for an assistance animal, but the tenant is liable for damage it causes. Knowingly misrepresenting an animal as a service or assistance animal, including creating or supplying false documents, is a civil violation with a fine of up to $1,000 per occurrence. Landlords are generally not civilly liable for injuries or damage involving a tenant's assistance animal, except for gross negligence, recklessness or intentional misconduct. 5 M.R.S. § 4582-A(3); 17 M.R.S. § 1314-A; 17 M.R.S. § 1312(5); 14 M.R.S. § 6030-G |
| Maryland | A person with a disability (or a parent of a minor child with a disability) who has or wants a service animal is entitled to full and equal access to housing, and cannot be charged extra for the service animal. The tenant may be liable for damage the animal causes. State law defines 'service animal' as an animal individually trained to do work or tasks for a person with a disability. State fair housing law also bans disability discrimination in rentals. No state statute sets documentation rules for emotional support animals or penalizes misrepresenting an animal. Md. Code, Human Servs. §§ 7-701(g), 7-704(c); State Gov't § 20-705 |
| Massachusetts | State fair housing law bans discrimination against tenants because of a disability or because they have a trained dog guide due to blindness or hearing impairment. Landlords must make reasonable accommodations in rules, policies and services when needed for a person with a disability to use and enjoy housing, which covers exceptions to no-pet rules for assistance animals. No state statute sets documentation rules, pet-fee limits, or penalties for misrepresenting an animal in housing. M.G.L. c. 151B, § 4(6), (7), (7A) |
| Michigan | Michigan's Persons with Disabilities Civil Rights Act bars landlords from refusing to rent to, or discriminating in rental terms against, a person because of a disability unrelated to their ability to rent or maintain the property. It also bars discrimination based on use of adaptive devices or aids. Federal Fair Housing Act reasonable-accommodation rules govern emotional support animals, including no pet fees or deposits. State law also makes it a misdemeanor to maliciously harass, injure or interfere with a service animal. No state statute setting housing-specific documentation rules or a misrepresentation penalty was found in the sections checked. MCL 37.1502(1); MCL 750.50a; MCL 750.502c |
| Minnesota | A landlord may require documentation from a licensed professional (doctor, PA, nurse, psychologist, mental health professional, social worker or counselor, including out-of-state licensees with an existing treatment relationship) confirming the disability and the need for a service or support animal. This is not allowed when the need is obvious or already known. Online certification businesses don't qualify. Landlords can't demand medical records. No extra fee, charge or deposit may be charged for a service or support animal, though the tenant is liable for damage. A landlord with a pet fee policy must disclose this ban in the lease. Tenants may not knowingly misrepresent a disability or provide fraudulent documentation; if they do, the landlord may deny the application or animal request. Minn. Stat. § 504B.113 |
| Mississippi | A blind, mobility-impaired or hearing-impaired person, or a veteran diagnosed with PTSD, who uses a specially trained support animal is entitled to full and equal access to public conveyances, hotels, lodging places and other public accommodations. No fee or charge may be imposed for the animal. The statute does not expressly cover private rental housing. No state statute sets documentation rules or a misrepresentation penalty for assistance animals in housing. The federal Fair Housing Act governs, including reasonable accommodation for emotional support animals and no pet fees. Miss. Code Ann. § 43-6-155 |
| Missouri | It is a class C misdemeanor (class B for repeat offenses), with civil liability for actual damages, to knowingly misrepresent an animal as an assistance animal to get Fair Housing Act or Rehabilitation Act accommodations. This includes emotional support animals. Misrepresentation includes creating or providing false documents, fitting a vest or sign on an animal that isn't an assistance animal, or lying to a health care provider to get documentation. All assistance-animal documentation must come from a qualified professional as permitted under federal law. Separately, service dogs may not be subject to an extra charge in places like lodging, though the owner is liable for damage. State fair housing law bans disability discrimination. RSMo 209.204.3; RSMo 209.150.3; RSMo 213.040 |
| Montana | A person with a disability with a service animal has full and equal access to housing and may not be charged extra for it, but is liable for damage the animal causes. 'Service animal' means a dog or miniature horse individually trained to assist a person with a disability and expressly excludes emotional support animals. Misrepresenting a service animal can lead to removal and, after a prior written warning, a misdemeanor ($50 first offense; up to $1,000 for third or later). No state statute sets documentation rules for emotional support animals in housing. Mont. Code Ann. §§ 49-4-203(2), 49-4-214(1)-(2), 49-4-221, 49-4-222 |
| Nebraska | A person with a disability who has a service animal is entitled to full and equal access to housing; the landlord may not charge extra compensation or an additional deposit for the animal, but the tenant is liable for damage it causes. No state statute addresses emotional support animal documentation or penalizes misrepresentation in housing. Separately, a pet deposit (for pets) may not exceed one-fourth of one month's rent. Neb. Rev. Stat. §§ 20-131.01 to 20-131.04; § 76-1416(1) |
| Nevada | A landlord may not refuse to rent to a person with a disability solely because an animal that assists, supports, or provides service to the person will live in the unit. The landlord may require proof, which may be satisfied by a statement from a health care provider that the animal performs a function that ameliorates the effects of the disability. Fraudulently misrepresenting an animal as a service animal or service animal in training is a misdemeanor (fine up to $500). NRS 118.105; NRS 426.805 |
| New Hampshire | Service animals may accompany their handler or trainer into any housing accommodation. Under state law a service animal performs work or tasks for a person with a disability; providing emotional support, comfort, or companionship does not count. It is a misdemeanor to fit an animal with a vest, harness, sign, or tag representing it as a service animal when it is not, or to impersonate a person with a disability to obtain service-dog accommodations. Disability discrimination in rentals is prohibited by the state fair-housing law. No state statute sets emotional support animal documentation rules or pet-fee limits. RSA 167-D:1, 167-D:2, 167-D:4, 167-D:8, 167-D:10; RSA 354-A:10 |
| New Jersey | Under the Law Against Discrimination, a person with a disability, or who is blind or deaf, who has or obtains a service or guide dog is entitled to full and equal access to all housing and may not be charged extra for the dog; a no-pets lease clause does not apply to it, and the tenant is liable for damage the dog causes. Seniors in covered senior citizen housing projects (3+ units) may keep pets after written notice to the landlord. No state statute sets emotional support animal documentation rules or penalizes misrepresentation in housing. N.J.S.A. 10:5-29.2; N.J.S.A. 2A:42-103 et seq. (Pets in Housing Projects) |
| New Mexico | The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. NMSA 1978, §§ 28-11-1.1 to 28-11-6 |
| New York | Housing providers must make reasonable accommodations in rules and policies for persons with disabilities, including permitting an assistance animal. It is an unlawful discriminatory practice to deny access to or discriminate against a person with a disability accompanied by a guide, hearing, or service dog, and no additional charge may be imposed for admittance of such a dog. No state statute sets documentation rules for emotional support animals or penalizes service-animal misrepresentation in housing. N.Y. Exec. Law § 296(14), (18)(2); N.Y. Civ. Rights Law § 47-b |
| North Carolina | A person with a disability may keep a service animal trained to assist with the person's specific disability on any premises the person leases or rents, upon showing a state service-animal registration tag or that the animal is being or has been trained as a service animal. No extra compensation may be charged for the animal, but the person is liable for damage it causes. Disguising an animal as a service animal, or charging a fee for a service animal, is a Class 3 misdemeanor. No state statute sets emotional support animal documentation rules. N.C. Gen. Stat. §§ 168-4.2(a), 168-4.4, 168-4.5, 168-9 |
| North Dakota | If a rental has a no-pets policy and a tenant asks for a service or assistance animal as a disability accommodation, the landlord may require reliable supporting documentation confirming the disability and the disability-related need, from a physician or medical professional who does not operate in North Dakota solely to certify assistance animals. No documentation may be required if the disability or need is readily apparent or already known. Knowingly making a false disability claim or providing fraudulent documentation is an infraction; after a guilty plea or conviction the landlord may evict and collect a damage fee of up to $1,000. Pet deposits (capped at the greater of $2,500 or two months' rent) may not be charged for a service or companion animal needed as a reasonable accommodation. N.D.C.C. §§ 47-16-07.5, 47-16-07.6, 47-16-07.1(2) |
| Ohio | No Ohio housing statute on emotional support animal documentation or misrepresentation. Refusing a reasonable accommodation needed by a person with a disability to use and enjoy a dwelling is an unlawful discriminatory practice under Ohio's fair-housing law, which applies to assistance animal requests. A separate statute gives people with qualifying disabilities and trainers equal access with assistance dogs in public accommodations and lodging places and bars charging a fee for the dog. Ohio Rev. Code §§ 4112.02(H)(19), 955.43 |
| Oklahoma | Oklahoma defines 'assistance animal' to include service animals and emotional support animals. Unless the disability or need is readily apparent, the landlord may request reliable documentation verifying the disability under the Fair Housing Act, describing the accommodation, and showing the link between the disability and the need, and may independently verify it. Documentation acquired through purchase or exchange of funds for goods and services is presumed fraudulent. A landlord is not liable for injuries caused by an assistance animal allowed as an accommodation. If a tenant obtains an accommodation by knowingly false claim or fraudulent documentation, the landlord may use the Act's noncompliance remedies, and a prevailing landlord in eviction may recover costs, fees and damages up to $1,000. A landlord may not deny or end a tenancy because of a guide, signal or service dog. 41 O.S. §§ 113.2, 113.1 |
| Oregon | A landlord may not charge a pet security deposit for a service animal or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. Refusing reasonable accommodations in rules or policies needed for a person with a disability to use and enjoy a dwelling is an unlawful practice. Oregon has no housing-specific statute on documentation for emotional support animals or penalties for misrepresenting one in housing. ORS 90.300(4); ORS 659A.145(2)(g) |
| Pennsylvania | The Pennsylvania Human Relations Act makes it unlawful to refuse to lease housing, or to discriminate in terms, because of disability or because of the use of a guide animal (blindness or deafness) or support animal (physical handicap), or because a person is a handler or trainer of guide or support animals; inquiries and records about such animal use in connection with a lease are restricted. Pennsylvania has no statute specifically on emotional support animal documentation, misrepresentation penalties or pet-fee limits. 43 P.S. § 955(h)(1), (h)(6) (PHRA § 5(h)) |
| Rhode Island | Rhode Island's fair-housing law requires owners to make reasonable accommodations in rules, policies, practices or services when necessary for an occupant with a disability to use and enjoy a dwelling, which covers assistance animal requests. A person with a disability who has a guide dog or other 'personal assistive animal' (an animal trained by a certified training program to help with independent living tasks) is entitled to full and equal access to housing and may not be charged extra for the animal, but is liable for damage it causes. There is no housing-specific statute on emotional support animal documentation. Misrepresenting a pet as a service animal is a civil violation (up to 30 hours of community service), but that law applies to public areas, not housing. R.I. Gen. Laws §§ 34-37-4(e)(1)-(2), 40-9.1-3.1 |
| South Carolina | To decide whether an animal that is not a service animal (e.g., an emotional support animal) is a reasonable accommodation, a landlord may ask whether the person has a disability that substantially limits one or more major life activities and whether the person has a disability-related need for the animal, and may request documentation; documentation is sufficient if it shows a disability and that the animal provides disability-related assistance or emotional support. Persons with disabilities who have an assistance dog are entitled to full and equal access to rental housing and may not be charged extra for the dog, but are liable for damage it causes. Intentionally misrepresenting an animal as a service animal to obtain a right or privilege of a disabled person is a civil violation (fines up to $250 / $500 / $1,000). S.C. Code §§ 31-21-70(G)(2), (N); 43-33-70(d); 47-3-980 |
| South Dakota | South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. SDCL 43-32-33 to 43-32-36 |
| Tennessee | A tenant or applicant with a disability may request an exception to a no-pet policy or pet fees for a service animal (trained dog or miniature horse) or support animal (prescribed or recommended by a health care provider, including for emotional support). If the disability is not apparent, the landlord may request reliable documentation of the disability and the disability-related need; if the disability is apparent but the need is not, only of the need. 'Reliable documentation' must come from a health care provider, licensed disability service provider, caregiver or other reliable third party with actual knowledge — not from a website whose main function is selling animal certificates or registrations. The landlord may verify documentation (but not obtain protected medical records) and may deny the request if accurate documentation is not provided. Misrepresenting a disability or need, or providing documentation falsely stating an animal is a service or support animal, is a material default allowing termination and recovery of damages and attorney's fees. Landlords are not liable for injuries caused by an animal permitted as a reasonable accommodation. T.C.A. § 66-7-111 |
| Texas | Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals. Tex. Hum. Res. Code Sec. 121.002, 121.003(g)-(h), 121.006 |
| Utah | An owner or lessor of private housing may not discriminate against an individual with a disability because the individual has a service animal or a 'support animal' (an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law), including by charging an extra fee or deposit for the animal; the owner may recover the reasonable cost to repair damage the animal causes. It is a class C misdemeanor to knowingly and intentionally falsely represent that an animal is a service or support animal, or to misrepresent a material fact to a health care provider to obtain documentation designating an animal as a service or support animal. No state-specific documentation form; federal Fair Housing Act standards apply. Utah Code 26B-6-801, 26B-6-803, 26B-6-805 |
| Vermont | Vermont fair housing law makes it unlawful to discriminate in renting a dwelling because a person relies on aids such as specially trained animals, or to refuse reasonable accommodations in rules, policies or services needed for a person with a disability to use and enjoy a dwelling. No state statute sets emotional-support-animal documentation rules, pet-fee limits or a housing misrepresentation penalty; federal Fair Housing Act standards govern those questions. 9 V.S.A. § 4503(a)(9)-(10) |
| Virginia | A person with a disability who keeps an assistance animal must follow lease rules that apply to all residents (if they do not interfere with equal use), may not be charged a pet fee, pet deposit or additional rent for the animal, but is responsible for physical damage to the same extent pet owners are. If the disability and need are obvious or known, the housing provider may not ask for more verification; otherwise it may request reliable documentation of the disability and the disability-related need, including from anyone with a 'therapeutic relationship' with the person (licensed mental health providers, licensed disability service providers, certain peer support persons, caregivers or government entities with actual knowledge). Providing fraudulent supporting documentation is a prohibited practice under the Virginia Consumer Protection Act. Va. Code § 36-96.3:1 |
| Washington | The Washington Law Against Discrimination prohibits housing discrimination based on disability or the use of a trained dog guide or service animal, and requires reasonable accommodation in rules and policies. Misrepresenting an animal as a service animal or service-animal trainee (knowing or having reason to know it does not qualify) to secure disability rights is a civil infraction. No state statute sets emotional-support-animal documentation rules or pet-fee limits. RCW 49.60.222; 49.60.214 |
| West Virginia | Not verified yet |
| Wisconsin | State fair housing law covers both trained assistance animals and emotional support animals (ESAs: animals that provide emotional support, comfort or companionship but are not trained to perform tasks). A landlord may not refuse to rent, evict, charge extra compensation, or harass because of a disability-related animal. For an ESA, the landlord may request reliable documentation of the disability and the disability-related need for the animal from a licensed health professional; for a trained animal it may request documentation as provided by statute. The tenant is liable for sanitation and damage caused by the animal. The animal may be refused if documentation is not provided, if it would impose an undue burden, or if the specific animal poses a direct threat or would cause substantial damage that cannot be reduced by another accommodation. Misrepresenting a disability or the need for an ESA to obtain housing carries a forfeiture of at least $500 (also for a health professional who misrepresents a patient's need). Wis. Stat. 106.50(1m)(im), (2r)(bg), (2r)(br) |
| Wyoming | A person may not be discriminated against in renting residential property because the person has an assistance animal, which must be permitted in accordance with the federal Fair Housing Act; the person is liable for damage the animal causes. 'Assistance animal' includes an animal that provides emotional support alleviating symptoms or effects of a disability. Knowingly and intentionally misrepresenting an animal as a service or assistance animal to obtain these rights is a misdemeanor (fine up to $750); interfering with these rights is also a misdemeanor (fine up to $750). No state-specific documentation rules — federal Fair Housing Act standards apply. W.S. 35-13-201(c); 35-13-203; 35-13-205 (definitions) |
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- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord evict you for no reason?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.