State emotional support animal laws

HUD's 2013 and 2020 assistance animal notices were withdrawn as of September 17, 2025. Then, in guidance HUD released on May 22, 2026, untrained emotional support animals lost their presumption of reasonableness, with each request now weighed on its own facts. That reflects federal enforcement priorities, not the final word. States enforce their own fair housing laws independently, and some of those laws name ESAs directly.

This page lists only state laws we've read directly from official or statutory sources. Many other states have fair housing laws that may cover assistance animals, or misrepresentation laws, that aren't listed here. Absence from this list doesn't mean your state has no relevant rules.

California's AB 468, effective January 1, 2022, added Health and Safety Code 122318. Before providing documentation for an emotional support dog, a practitioner must hold an active license in the client's jurisdiction, include license details, have a client relationship of at least 30 days, complete a clinical evaluation and give notice about the misdemeanor for misrepresenting a service dog. The law also requires notices from sellers of ESA dogs and ESA gear, with civil penalties for violations.

Colorado's HB 26-1045, Disabilities Housing Protections, was signed on May 28, 2026 and takes effect August 12, 2026. Its definition of assistance animal covers both service animals and ESAs, and it presumes that allowing an assistance animal is a reasonable accommodation under the Colorado Anti-Discrimination Act once the housing provider has had a chance to take part in an interactive process.

When it isn't apparent that a tenant has a disability or why the animal is needed, a provider can ask for reasonable documentation. It can also weigh documented, specific behavior by the animal that amounts to a direct threat or results in substantial property damage.

Florida's statute 760.27 addresses emotional support animals in housing. A housing provider may not charge extra compensation for an approved ESA. When the disability isn't readily apparent, the provider may request reliable information from a licensed health care practitioner with personal knowledge of the disability. Information from an out-of-state practitioner counts for this purpose only if they've provided in-person care at least once.

The provider can't ask for a diagnosis, severity or medical records, and can't require a specific form or notarized statement. Under the statute, an ID card, certificate or registration bought online doesn't count as reliable proof on its own. The tenant is liable for damage the ESA causes.

Illinois's Assistance Animal Integrity Act (310 ILCS 120, Public Act 101-0518) permits housing providers to seek reliable documentation whenever a tenant's disability or need isn't readily apparent. That documentation has to be in writing, has to come from someone who has a therapeutic relationship with the tenant, and has to describe the disability-related need. Entities that issue certificates without a meaningful assessment don't qualify.

The Act bars pet deposits, pet fees and special liability insurance for an assistance animal, though residents can be charged for damage beyond normal wear and tear.

Indiana Code 22-9-7, titled Emotional Support Animals in Housing, lets a housing provider ask for written verification from a health service provider that the person has a disability, needs the animal because of it, and that the animal helps manage it. Section 22-9-7-12 makes misrepresentation a Class A infraction, including false statements to get documentation and a provider verifying without enough professional knowledge or charging only for a written verification.

Montana Code 70-33-110 lets landlords request supporting information when a need isn't apparent. The practitioner must have personal knowledge of the disability, include license details, have a client relationship of at least 30 days and complete a clinical evaluation. It also says registrations, ID cards or certificates alone aren't enough.

Some states penalize false ESA claims. Indiana treats misrepresenting a disability or an ESA to a housing provider as a Class A infraction, and California imposes civil penalties on anyone who fraudulently claims an emotional support animal is a service animal. Wherever you live, an honest request grounded in a real clinical evaluation is the safest route.

Before you ask a landlord for an accommodation, read your state guide and note any state-specific documentation rules, such as a 30-day relationship or an in-person visit for out-of-state practitioners. A letter that meets your state's standard is easier for a housing provider to accept.

If your request is turned down, the civil rights agency or fair housing agency in your state can walk you through your options under state law. We describe these laws in plain language, but this isn't legal advice, and statutes change, so confirm the current text before relying on it.