Complete Guide on North Dakota Emotional Support Animal Laws

If you live in North Dakota and rely on an emotional support animal, understanding your rights is essential. Both state and federal laws outline how ESAs are protected, especially regarding housing accommodations, documentation, and fair treatment from landlords. Having a valid emotional support animal letter ensures your animal is recognized as part of your mental health care.

Understanding ESA Protections Laws in North Dakota

While North Dakota does not have a specific “ESA law,” emotional support animals are protected under broader federal housing laws and parts of the North Dakota Century Code that reference “assistance animals.” These laws ensure that individuals with legitimate ESA documentation cannot be denied housing or charged extra fees.

Key North Dakota ESA Laws You Should Know

Here’s a simple overview of the most relevant laws that protect emotional support animal owners in North Dakota:

Federal Fair Housing Act (FHA)
The FHA also applies in North Dakota, requiring housing providers to consider ESA requests fairly. This ensures people with emotional or psychological disabilities have equal access to housing without discrimination.
Public Access Rights Under the ADA
The Americans with Disabilities Act only covers trained service animals, not ESAs. That means emotional support animals in North Dakota don’t have automatic access to restaurants, hotels, or stores unless the business owner allows it.
ESA Travel Rules Under the Air Carrier Access Act (ACAA)
After federal policy updates, airlines are no longer obligated to recognize ESAs as service animals. When flying from or to North Dakota, ESAs travel under standard pet rules, which may include fees, carrier size limits, and documentation requirements.

Let’s explore these ESA laws in more detail below.

ESA Housing Laws in North Dakota

Finding housing with an emotional support animal (ESA) in North Dakota is protected by both state and federal law. These rules ensure people with verified emotional or mental health needs can live with their ESAs without facing discrimination or unfair fees.

What Landlords Cannot Do
- - Ask for detailed medical records or a diagnosis
  - Require ESA registration or certification
  - Deny housing based on the animal’s breed, size, or weight alone
Reasonable Accommodation Rights

Under the Fair Housing Act (FHA) and North Dakota Century Code §47-16-07.5, housing providers must:

- - Make reasonable accommodations for ESAs
  - Waiving all pet deposits, monthly pet rent, and other animal-related fees
  - Avoid charging pet deposits, rent surcharges, or fees for emotional support animals
When a Landlord Can Deny an ESA
- - The ESA poses a direct threat to health or safety
  - The animal causes substantial property damage
  - The request imposes an undue financial or administrative burden

Penalty on Misrepresentation of Emotional Support Animals in North Dakota

North Dakota has firm rules against falsely claiming a pet as an emotional support or service animal. Under the North Dakota Century Code, anyone who provides fake documentation or lies about their animal’s status can face legal and financial penalties.

False ESA Representation: Knowingly using fake ESA paperwork or identification is illegal.
Penalty Classification: Such actions are treated as an infraction under state law.
Fines & Damages: Offenders may face fines and pay up to $1,000 in damages to the housing provider.
Eviction Possibility: Tenants who misrepresent animals can be legally evicted from rental housing.
Professional Accountability: Providers who issue false ESA letters may face licensing or ethical consequences.

These laws protect the integrity of legitimate ESA accommodations and prevent abuse of North Dakota’s housing protections.

Flying with your ESA from/to North Dakota

Traveling with an emotional support animal from or to North Dakota follows federal air travel rules under the Air Carrier Access Act (ACAA). While these regulations once guaranteed ESA travel privileges, recent policy changes have shifted how airlines handle emotional support animals.

ESA Air Travel Rules You Should Know

Key points to consider before traveling for North Dakota travelers:

Advance Notice: Contact your airline at least 48 hours before your flight to confirm current ESA or pet travel rules.
Health Documentation: Airlines typically request up-to-date vaccination records and a recent veterinary health certificate.
Airline ESA Policy: Each carrier (like Delta, United, or American Airlines) has its own ESA or pet policy regarding carrier size, fees, and seating.
Pet Fees Apply: Most airlines charge standard pet travel fees, as ESAs no longer qualify for free in-cabin travel.

Key Points on ESA Public Access in North Dakota

In North Dakota, emotional support animals are not granted the same public access rights as service animals. Their access to public places is limited by federal and state laws in the US.

No ADA protection for ESAs.
Business owners decide on entry.
Public transit access not guaranteed.
ESA letters don’t grant public entry.

While ESAs offer significant emotional comfort, their access is generally limited to private housing settings under the Fair Housing Act (FHA). Public access remains at the discretion of individual establishments throughout North Dakota.

Frequently Asked Questions

Can I use an online ESA letter for housing in North Dakota?

Yes, as long as it’s from a verified, licensed provider who properly evaluates you. Avoid “instant” or automated ESA letters without real assessments, as landlords can reject those. Online platforms like RealESALetter.com connect you with North Dakota–licensed providers who issue legitimate, housing-compliant ESA letters.

Are emotional support animals allowed in public places in North Dakota?

Not automatically. Only service animals have public access rights under the ADA. Businesses, restaurants, or stores may choose to allow ESAs but are not legally required to.

What is the difference between a service animal and an emotional support animal in North Dakota?

It’s important to know how emotional support animals differ from service animals.

Service Animal: Trained to perform specific tasks for a person with a disability (e.g., guide dogs). They have full public access rights under the ADA.
Emotional Support Animal (ESA): Provides emotional or psychological comfort but doesn’t require training. ESAs are protected only under housing laws, not public access laws.

Can I be evicted for having an ESA in North Dakota housing?

Not legally, if you’ve submitted a valid ESA letter and your animal doesn’t pose a health or safety risk. A landlord cannot evict you solely for owning an ESA protected under federal housing law.

What species can qualify as an emotional support animal in North Dakota?

There’s no restriction on species under federal housing law. While dogs and cats are most common, any domesticated animal that provides emotional comfort and doesn’t pose a safety threat can qualify.

What if an airline refuses to allow my ESA when flying from North Dakota?

Since 2021, under the Air Carrier Access Act (ACAA), airlines are no longer required to treat ESAs as assistance animals. Your ESA will typically travel as a pet, subject to carrier fees, crate size limits, and vaccination requirements.

Key Takeaways: North Dakota ESA Laws

Only a valid ESA letter from a licensed mental health professional is required; no official registry or certificate exists.
Under the Fair Housing Act (FHA), landlords must allow ESAs without charging pet rent, deposits, or fees.
ESAs are not service animals, so entry to public spaces depends on each business’s pet policy.
Airlines now treat ESAs as pets under the Air Carrier Access Act (ACAA), standard pet rules apply.

Need a Valid ESA Letter in North Dakota?

Trust RealESALetter.com in getting your ESA letter with no hassle.

Complete a brief online questionnaire to determine your eligibility.
Connect with a North Dakota-licensed mental health professional through a secure telehealth session.
Once approved, you’ll receive your official ESA letter electronically within 24 hours.
Use your ESA letter to request housing accommodations under the Fair Housing Act.

* Visit RealESALetter.com to get your professionally written ESA letter within 24 hours, fully compliant with federal housing laws.

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If your ESA letter is not approved, you’ll receive a 100% refund

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