South Dakota ESA letter

South Dakota wrote its own rules for animals in rental housing back in 2018. SDCL 43-32-33 through 43-32-36 allow a landlord to request supporting documentation if it can't see your disability or why you need the animal, and they set out who is allowed to write that letter. The federal Fair Housing Act still sits on top of these state rules.

Federal fair housing rules set a floor, and South Dakota 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 South Dakota page listed under sources, and we revisit it whenever this guide is reviewed.

• Under SDCL 43-32-34, a landlord may not require paperwork if your disability, or the reason you need the animal, is readily apparent or already known to them.
• SDCL 43-32-35 says the letter has to connect your disability to the animal and come from a licensed health care provider who doesn't operate in South Dakota solely to certify animals.
• SDCL 43-32-36 allows eviction plus a damage fee capped at $1,000 for knowingly making a false disability claim or handing over fraudulent documentation.
• For these housing sections, the state uses the term service animal broadly, so it reaches emotional support, therapy and assistance animals that serve a tenant with a disability.

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. South Dakota 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 South Dakota 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 South Dakota 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 South Dakota 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.