ESA laws by state, updated for 2026.
Where you live changes the rules for ESA letters, waiting periods and pet fees. Find your state below.
Quick answer
25 states have their own ESA housing statutes, and the rules differ a lot. California, Arkansas, Louisiana and Montana add 30 day relationship rules, Colorado requires in person contact for some clinicians, and several states ban pet fees for assistance animals. Since HUD's May 2026 memo limited federal enforcement to trained animals, state law matters more than ever.
Every state at a glance
The table summarizes each state's ESA documentation law as verified on October 8, 2026. Open a state for the full rules, sources and how to get evaluated there.
| State | ESA statute | Summary |
|---|---|---|
| Alabama | Yes | Alabama lets landlords ask for reliable documentation when a disability or need is not obvious and penalizes misrepresentation, but it sets no provider type, waiting period or license location rule. |
| Alaska | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Arizona | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Arkansas | Yes, 30 day rule | Arkansas sets provider rules for emotional support dogs: a license where the documentation is provided, a 30 day client provider relationship and a yearly clinical evaluation. A 2025 law also lets property owners ban ESAs unless federal law forbids it. |
| California | Yes, 30 day rule, protects untrained ESAs | California's AB 468 requires a 30 day client provider relationship, a clinical evaluation and a California license before documentation for an emotional support dog, and California's fair housing law still protects untrained support animals. |
| Colorado | Yes, protects untrained ESAs | Colorado requires mental health licensees and nurses to have met the patient in person before writing an assistance animal finding, and its 2026 law presumes that allowing an ESA is a reasonable accommodation. |
| Connecticut | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Delaware | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| District of Columbia | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Florida | Yes | Florida lets landlords ask for reliable information from a practitioner with personal knowledge, bars requests for a diagnosis or a specific form, rejects online certificates, and counts out of state practitioners only after in person care. |
| Georgia | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Hawaii | Yes, protects untrained ESAs | Hawaii lets housing providers verify a disability that is not apparent through a letter from a treating professional, bars questions about diagnosis, and protects untrained support animals of any species. |
| Idaho | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Illinois | Yes, protects untrained ESAs | Illinois accepts documentation from someone with a therapeutic relationship, excludes certificate sellers that make no meaningful assessment, and bars pet deposits and fees for assistance animals. |
| Indiana | Yes, protects untrained ESAs | Indiana accepts written verification from a treating Indiana licensed provider, excludes letter only services, bans fees for ESAs and says an ESA needs no specific training. |
| Iowa | Yes | Iowa letters must come from a licensee who states whether a 30 day relationship existed, list issue and expiration dates, and are valid for 12 months or the lease term. |
| Kansas | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Kentucky | Yes, protects untrained ESAs | Kentucky accepts documentation from a Kentucky licensed provider with an active Kentucky practice and a therapeutic relationship, excludes providers whose main service is selling letters, and bans pet fees for assistance animals. |
| Louisiana | Yes, 30 day rule | Louisiana requires a Louisiana licensed provider, a therapeutic relationship of at least 30 days with at least two sessions, and a clinical evaluation at least 30 days before documentation. |
| Maine | Yes, protects untrained ESAs | Maine covers animals that a licensed health professional with knowledge of the need has found necessary, and bars fees and security deposits for assistance animals. |
| Maryland | No, protects untrained ESAs | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Massachusetts | No, protects untrained ESAs | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Michigan | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Minnesota | Yes, protects untrained ESAs | Minnesota accepts documentation from a licensed professional, excludes people who mainly certify animals, bans extra fees and says a support animal needs no task training. |
| Mississippi | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Missouri | Yes | Missouri requires documentation from a qualified professional as the federal FHA allows and makes misrepresenting an assistance animal a misdemeanor. |
| Montana | Yes, 30 day rule | Montana looks for information from a Montana licensed mental health professional with a 30 day relationship and personal knowledge, or another source the landlord finds reliable. |
| Nebraska | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Nevada | Yes, protects untrained ESAs | Nevada bars refusing to rent because an animal assists or supports a person with a disability and accepts a statement from a health care provider as proof. |
| New Hampshire | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| New Jersey | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| New Mexico | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| New York | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| North Carolina | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| North Dakota | Yes | North Dakota accepts reliable documentation from a provider who does not operate in the state solely to certify animals, and treats fraudulent documentation as an infraction. |
| Ohio | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Oklahoma | Yes | Oklahoma lets landlords request reliable documentation and presumes documentation acquired through purchase is fraudulent. |
| Oregon | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Pennsylvania | Yes | Pennsylvania requires written, reliable documentation based on direct knowledge of the disability and need, and penalizes false documentation. |
| Rhode Island | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| South Carolina | Yes, protects untrained ESAs | South Carolina lets landlords ask two questions and request documentation, which is sufficient when it shows a disability and that the animal provides assistance or emotional support. |
| South Dakota | Yes | South Dakota accepts documentation from a licensed health care provider who does not operate in the state solely to certify animals. |
| Tennessee | Yes | Tennessee accepts documentation from a provider with actual knowledge of the disability and, since July 2024, rejects documents from websites whose main function is selling certificates or registrations. |
| Texas | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Utah | Yes | Utah bans extra fees and deposits for support animals and makes it a misdemeanor to mislead a provider to obtain documentation. |
| Vermont | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Virginia | Yes, protects untrained ESAs | Virginia accepts documentation from anyone with a therapeutic relationship, bans pet fees and deposits for assistance animals, and says an assistance animal need not be trained. |
| Washington | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| West Virginia | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
| Wisconsin | Yes, protects untrained ESAs | Wisconsin makes it housing discrimination to refuse or charge extra for an ESA when a licensed health professional documents the disability and need. |
| Wyoming | No | No ESA specific documentation statute; federal FHA and state fair housing law apply. |
Why location matters
Telehealth clinicians must be authorized to practice where you are during the evaluation. Some states set their own documentation rules, and state fair housing laws decide much of what happens after HUD's 2026 change. Read our 2026 HUD guide for the federal picture.
Frequently asked questions
Which states require a 30 day relationship for an ESA letter?
California and Arkansas require a client provider relationship of at least 30 days for emotional support dog documentation, Louisiana requires 30 days with at least two sessions, and Montana's statute looks for a 30 day relationship with a Montana licensed professional. Iowa letters must state whether a 30 day relationship existed.
Which states still protect untrained emotional support animals after HUD's 2026 memo?
State agencies in California, Massachusetts, South Carolina and Maryland said their laws still cover untrained ESAs, and statutes in Virginia, Minnesota, Hawaii, Wisconsin, Nevada, Maine, Indiana, Kentucky and Colorado cover support animals without a training requirement.
Which states ban pet fees for ESAs?
Illinois, Virginia, Kentucky, Indiana, Minnesota, Maine, Utah, Florida and Wisconsin have statutes that bar extra fees or deposits for assistance or support animals, with tenants still responsible for damage.
Do I need a clinician licensed in my state?
Yes. Telehealth clinicians must be licensed or otherwise authorized where you are located during the evaluation, and several states, including California, Montana, Louisiana and Kentucky, add specific license requirements for ESA documentation.
Sources and further reading
Ready when you are.
Take the free assessment in about 5 to 10 minutes. A clinician licensed in your state makes the decision, and you get 100% back if you are not approved.
