Minnesota ESA Laws: What Tenants Need to Know in 2026

In May 2026, HUD narrowed its enforcement of ESA housing complaints. The Minnesota Department of Human Rights continues to enforce housing protections independently, and those protections remain fully active.

This guide was prepared by the RealESALetter.com editorial team, which tracks ESA law changes across all 51 states, including Minnesota's January 2025 amendment to Statute 504B.113.

What the Fair Housing Act Requires of Minnesota Landlords

Minnesota landlords must accept a valid ESA letter, even in a no-pet building, and cannot charge pet deposits, pet rent, or apply breed restrictions. Under the Fair Housing Act, Minnesota landlords:

• Must accommodate valid ESA letters in no-pet buildings
• Cannot charge pet deposits or pet rent for an ESA
• Cannot apply breed, size, or weight restrictions
• Must respond to accommodation requests in writing
• Can only deny if the animal poses a direct, documented safety threat or causes substantial property damage, which is a high legal bar
• Cannot request medical records, a specific diagnosis, or require training

Minnesota-Specific ESA Laws

Minnesota gives ESA owners stronger housing protections than federal law alone, through Minnesota Statute 504B.113 and the Minnesota Human Rights Act.

Minnesota Statute 504B.113

Minnesota Statute 504B.113 requires landlords to accept support animal documentation from a licensed professional and prohibits any additional fee, charge, or deposit for the animal. Tenants remain responsible for actual damage the animal causes.

Since January 1, 2025, any lease that charges pet fees must also disclose that those fees do not apply to service or support animals. A tenant who paid pet fees under a lease missing that disclosure may sue to recover them if the tenant can show they would have requested, and likely received, a reasonable accommodation.

The statute also excludes documentation from providers who operate primarily to certify support animals. A valid letter must come from a licensed professional who can confirm the tenant's disability and the disability-related need for the animal.

The Minnesota Human Rights Act

The Minnesota Human Rights Act (Minn. Stat. § 363A) prohibits housing discrimination based on disability, including the refusal of reasonable accommodations. The Minnesota Department of Human Rights enforces the Act statewide.

State law works alongside the federal Fair Housing Act, and tenants can rely on whichever protection is stronger. Minnesota Statute § 604A.302 also shields property owners from liability for damage caused by an assistance animal accepted in good faith, which removes a common reason for landlord pushback.

RealESALetter.com letters are prepared by licensed Minnesota mental health professionals in compliance with Minnesota Statute 504B.113 and the federal Fair Housing Act.

What HUD's May 2026 Enforcement Change Means for Minnesota Tenants

On May 22, 2026, HUD announced it will no longer pursue ESA housing complaints where the animal is not individually trained to perform disability-related tasks.

The Fair Housing Act statute has not changed. Congress did not act, so this is an enforcement posture change, not a law change.

The Minnesota Department of Human Rights continues to enforce Minnesota and federal housing protections independently of HUD. State enforcement is fully active and is now the primary path for Minnesota tenants.

Private litigation is still available, and tenants can sue in federal or state court within two years of a discriminatory act. A genuine clinical evaluation from a state-licensed therapist is now more important than ever as the foundation of a valid accommodation request.

How to File an ESA Housing Complaint in Minnesota

The Minnesota Department of Human Rights is the primary enforcement body for ESA housing complaints in Minnesota.

1. Visit the Minnesota Department of Human Rights to start a discrimination inquiry
2. Submit a complaint online, by mail, or in person, no attorney required
3. File within one year of the discriminatory act, the deadline under the Minnesota Human Rights Act

As a secondary option, federal complaints can be filed with HUD at 1-800-669-9777, though as of May 2026 the Minnesota Department of Human Rights is the stronger enforcement path. If agency processes do not resolve the matter, tenants may sue in federal or state court under the Fair Housing Act.

Minnesota Penalties for ESA Misrepresentation

Minnesota Statute § 609.833 makes it illegal to intentionally misrepresent an animal as a service animal in a place of public accommodation. A first violation is a petty misdemeanor, and a second or subsequent violation is a misdemeanor.

In housing, Minnesota Statute 504B.113 prohibits tenants from knowingly misrepresenting a disability or a support animal, and a landlord may deny the rental application or accommodation request of a tenant who does. A genuine clinical evaluation from a licensed professional is the only reliable foundation for an accommodation request.

What Minnesota Landlords Can and Cannot Do

What Makes an ESA Letter Valid in Minnesota?

A valid ESA letter in Minnesota must come from a licensed mental health professional with an active Minnesota license.

• Written by a licensed mental health professional with an active Minnesota license
• States the tenant has a qualifying mental health condition
• States the animal is necessary to alleviate symptoms of that condition
• Printed on official letterhead with license number, date, and signature
• Does not need to disclose the specific diagnosis

ESA registrations, certificates, and badges sold online have no legal standing in Minnesota, and Minnesota Statute 504B.113 specifically excludes documentation from providers who operate primarily to certify support animals. The only document that provides housing protection is a Minnesota ESA letter from a licensed Minnesota mental health professional.

ESA Public Access Rights in Minnesota

ESA letters cover housing only. Minnesota ESAs do NOT have public access rights under the ADA. Airlines are no longer required to accommodate ESAs in the cabin following the 2021 DOT rule change. If you need public access rights and DOT-compliant air travel, a PSD letter covers both with a task-trained dog.

ESA Workplace Rights in Minnesota

Minnesota law does not specifically require employers to allow emotional support animals (ESAs) in the workplace.
Under the Minnesota Human Rights Act and the federal Americans with Disabilities Act, employees with disabilities may request a reasonable accommodation. An employer must consider the request on a case-by-case basis, but approval of an ESA is not guaranteed. Employers may instead provide another effective accommodation if it meets the employee's disability-related needs.