Delaware ESA letter

Delaware does not have a law aimed only at emotional support animals. Instead, its Fair Housing Act, 6 Del. C. Chapter 46, makes it unlawful to turn down a needed change to a rule, policy or service when a tenant's disability calls for it. The Division of Human and Civil Rights takes those complaints online, by phone or at its offices.

Federal fair housing rules set a floor, and Delaware can build on top of it. Whenever the state rule is kinder to tenants, that is the one you lean on. Each point below traces back to an official Delaware page listed under sources, and we revisit it whenever this guide is reviewed.

• Section 4603A of the Delaware Fair Housing Act is the part that covers reasonable accommodations and modifications for tenants with disabilities.
• The same section lets a landlord refuse when a tenancy would pose a direct threat to others' safety or cause substantial damage to their property.
• Complaints are investigated by the Division and decided under the Delaware Human and Civil Rights Commission, and the Attorney General can step in on some cases.
• Delaware leaves timing to clinical judgment, so a letter can follow your first evaluation if the therapist finds a disability-related need.

Landlords nationwide owe tenants with disabilities reasonable changes to their rules, a duty spelled out in the Fair Housing Act and in HUD's regulation at section 100.204 of Title 24. Waiving a pets clause so you can keep a support animal is a classic example. Delaware also has its own fair housing office for complaints (listed in the quick facts above).

Your landlord is entitled to some proof when your condition or your reason for the animal isn't plain to see. Usually that proof is a letter from a licensed therapist who has actually assessed you. Under guidance that HUD and the Justice Department published together in 2004, the landlord should not dig into your diagnosis or how serious it is.

The federal picture shifted recently. HUD pulled its 2020 animal notice (FHEO-2020-01), with the withdrawal taking effect on September 17, 2025. Then, on May 22, 2026, HUD told its investigators that an untrained ESA should be weighed on its own facts instead of being presumed reasonable, and it dropped the earlier line that ESA owners could never be charged fees. So whether a fee is allowed may now turn on state law. Damage your animal causes is always yours to cover.

Shops, restaurants and offices in Delaware may turn away an emotional support animal. Federal disability law opens those doors only to animals trained for specific work, and an ESA letter doesn't change that.

Psychiatric service dogs sit in another category. Such a dog has been taught particular tasks that help with its handler's psychiatric condition, and that training earns it entry rights an ESA doesn't have. If that describes your dog, our ESA vs PSD guide explains the difference before you book.

Airlines stopped having to make room for emotional support animals in January 2021, when the Transportation Department changed its rules. Carriers now handle an ESA under their ordinary pet policy, with its carrier size limits and fees.

Look up your airline's pet rules well before the trip. Trained service dogs travel under a separate set of rules in Part 382 of Title 14.

Choose a time online at no cost. A licensed therapist then talks with you by video or phone, usually for under ten minutes, about how your mental health affects everyday life and what your animal does for you. When an ESA genuinely fits your care, the letter goes out and the charge is $129 (one or two animals) or $199 (three or more). No letter, no charge.

Your letter carries the therapist's full name, the kind of license held, its number, the state that granted it and the date signed. A Delaware landlord who wants to double-check can look the license up on the state licensing board's website (see the quick facts) or with whichever board issued it. Booking only opens for states where our therapists are allowed to practice.

We only issue a letter when the therapist's assessment backs it up. It explains why the animal matters for your health; think of it as clinical documentation, not a registration, an ID card or a certificate, and no government keeps a list of ESAs.

A number of states punish fake ESA paperwork or passing a pet off as a service animal; any Delaware rule on this appears in the list above. Ask for a letter only for an animal that truly supports your mental health, and answer the evaluation honestly. If you are in crisis, dial or text 988; for an emergency, dial 911.