In New Hampshire, ESA rights are primarily governed by the federal Fair Housing Act (FHA) and the State Law Against Discrimination (RSA 354-A), enforced by the New Hampshire Commission for Human Rights. These laws protect people with disabilities from housing discrimination and require landlords to make reasonable accommodations for assistance animals, including ESAs.
New Hampshire follows a blend of federal and state rules that protect legitimate ESA owners, primarily the FHA and the state’s anti-discrimination law (RSA 354-A). These laws focus on housing accommodations, while separate rules clarify that ESAs don’t receive public-access rights like service animals. Below are the essentials you can rely on.
Landlords must reasonably accommodate ESAs, even in “no-pet” buildings, and may not charge pet fees or pet rent for an ESA. If the disability or need isn’t obvious, they may ask for reliable documentation from a licensed mental health professional.
State guidance confirms housing providers must allow service or emotional support animals as a reasonable accommodation, including accommodations that override breed, weight, and species limits when needed.
ESAs are not service animals under the Americans with Disabilities Act (ADA) and do not have general public-access rights to restaurants, stores, or other public places, unless the location’s own pet policy allows it.
Under U.S. DOT’s 2020 rule (effective Jan 2021), airlines are not required to recognize ESAs as service animals. Most carriers treat them as pets subject to fees, size/weight limits, and carrier rules. Psychiatric service dogs remain protected as service animals for air travel, but ESAs typically must comply with each airline’s pet policy and any health/vaccination requirements.
Let’s unpack these in more detail.
New Hampshire law takes misrepresentation seriously. Under RSA 167-D:8, it’s a crime to falsely present a pet as a service animal or to impersonate a person with a disability to obtain service-animal privileges. While this statute targets service-animal fraud (not ESAs specifically), passing an ESA off as a service animal, or using fake vests, IDs, or tags, can still trigger penalties. Related misconduct in housing (e.g., unreliable documentation) can also lead to lease or civil consequences. What you could face:
Bottom Line: Be truthful and use reliable documentation, since misrepresentation can quickly escalate into legal and financial trouble.
RSA 354-A prohibits housing discrimination based on disability. In practice, that means landlords and housing providers must consider reasonable accommodation requests for ESAs. State guidance explicitly notes that providers may need to modify breed, weight, or species restrictions to grant an ESA accommodation when supported by disability documentation.
Key FHA Protections in New Hampshire: Protecting ESA Owners
Housing providers must allow ESAs even where pets are banned if the animal is needed for the tenant to use and enjoy the home.
Pet deposits or pet rent may not be charged for ESAs. Tenants can still be responsible for damages actually caused by the animal.
If the need/disability isn’t obvious, a housing provider may request reliable documentation (i.e., an ESA Letter New Hampshire) from a LMHP stating that the person has a disability and the animal provides disability-related support.
These FHA rules apply throughout New Hampshire and are enforced alongside state law.
Under RSA 354-A, employers must consider reasonable accommodations for qualified employees with disabilities. That review is interactive and case-by-case: while state guidance focuses primarily on service animals, an ESA can be proposed as an accommodation when it helps the employee perform essential job functions or access the workplace.
ESA access at work is not automatic. Employers may decline an ESA if it would create a direct health or safety risk, significant disruption, or undue hardship (e.g., allergies in close quarters, sanitation issues, or operational constraints). Expect to provide reliable documentation of disability-related need, and note that an employer may offer alternative accommodations if they are effective and less burdensome.
Air travel is governed by federal law, not state law. Under the U.S. DOT’s 2020 final rule (effective Jan. 11, 2021), airlines are no longer required to recognize ESAs as service animals; most now treat ESAs as pets subject to pet fees and carrier rules.
Psychiatric service dogs remain covered as service animals. Always check your airline’s current policy, health certificate, and vaccination requirements before flying.
As of January 2021, airlines are not required to recognize ESAs as service animals. Most carriers classify ESAs as pets. Here’s what to keep in mind:
ESAs are treated as pets and must meet the airline’s fees, size/weight limits, and carrier requirements.
Airlines may ask for veterinary health certificates and up-to-date vaccination records.
Notify your airline during booking (or within the timeframe they specify) to confirm policies and requirements.
Always review your airline’s pet policy well in advance, carry any required documentation, and plan accordingly so your ESA can travel without hassles.
Emotional Support Animals (ESAs) don’t receive the same public-access privileges as service animals under the ADA. That means entry to restaurants, stores, venues, schools, and workplaces isn’t guaranteed. Admission is typically up to the property owner or governed by separate accommodation rules.
To avoid confusion or denial of entry, contact the location in advance and confirm its ESA policy before you go.
New Hampshire enforces the federal FHA and complements it through RSA 354-A. State guidance makes clear that housing providers must accommodate ESAs and may need to waive breed, weight, and species limits as part of a reasonable accommodation.
No, under the FHA, pet fees, pet deposits, or pet rent cannot be charged for ESAs (though tenants can be billed for actual damage to the property).
Not really! Providers may consider health/safety risks or undue burdens and can deny a request if the specific animal poses a direct threat, causes substantial damage, or the request is otherwise unreasonable. Documentation still has to establish disability and the need for the animal.
If the disability/need isn’t obvious, housing providers may request reliable documentation from a licensed mental health professional confirming (1) a disability and (2) that the animal provides support related to that disability. They may not demand “certificates,” training records, or proprietary forms.
No, ESAs don’t have ADA public-access rights like service animals, so entry to stores, restaurants, or most workplaces requires permission.
A licensed mental health professional (e.g., psychologist, psychiatrist, clinical social worker, professional counselor) practicing in the U.S. and providing care to the tenant can write the letter. Quality matters because housing providers may question boilerplate or unreliable documentation.
Yes, if more than one animal is necessary for your disability. However, be prepared to provide documentation supporting the need for each animal.
Workplaces must consider reasonable accommodations, but ESA admission is not automatically granted. Employers focus on service-animal access and evaluate other requests case-by-case based on duties, safety, and undue hardship factors.
You don’t “register” an ESA in New Hampshire. There’s no valid state or federal registry. Instead, meet with a licensed mental health professional and, if appropriate, get an ESA letter (on letterhead with license details) documenting your disability-related need. Use that letter to request a reasonable housing accommodation.
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* With a valid ESA letter, you can assert your housing rights under the FHA and RSA 354-A.
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