ESA State-by-State Guide
ADA, FHA, and ACAA Overview
Know Your Rights
Psychiatric Service Dogs (PSDs) are protected under the Americans with Disabilities Act (ADA). They have full public access rights and can accompany their handler into businesses, schools, and public spaces. Airlines must also allow PSDs to fly with their owners under the Air Carrier Access Act (ACAA).
Emotional Support Animals (ESAs) are protected only under the Fair Housing Act (FHA). They are allowed in “no-pet” housing with an ESA letter but do not have public access rights and are no longer guaranteed airline access after 2021 updates to the ACAA.
Main Difference:
PSDs are trained to perform tasks and have public access; ESAs provide emotional comfort but are limited to housing protections. Contact CertifyESA if you need help getting your legitimate ESA/PSD letter today.
Emotional Support Animal (ESA) and Service Dog (PSD) Rights by State
CertifyESA offers quick and reliable certification for Emotional Support Animals (ESAs). Whether you need your ESA certified for housing rights or to protect your animal’s status under the Fair Housing Act (FHA), CertifyESA streamlines the process. With licensed professionals, we help you ensure that your ESA is legally recognized, providing the necessary documentation to support your rights. Trust CertifyESA to guide you through the certification process in compliance with state laws and federal regulations.
Choose Your State to Learn more
| State | PSDs | ESAs | Misrepresentation |
|---|---|---|---|
| Alabama | Full public access rights under ADA. | Protected in housing under FHA. | Punishable with fines up to $500. |
| Alaska | Public access guaranteed under ADA. | Housing rights only. | Civil penalties; fine up to $1,000. |
| Arizona | Recognized under public access laws. | Protected only for housing. | Class 2 misdemeanor; penalties include fines and possible community service. |
| Arkansas | Full public access. | Protected for housing needs. | Class C misdemeanor; up to $100 fine. |
| California | Public access with behavioral standards. | Housing rights; provider must have 30-day therapeutic relationship with client. | Civil fine up to $1,000 and possible jail time. |
| Colorado | Full public access. | Protected in housing. | Petty offense; up to $500 fine. |
| Connecticut | Public access under ADA. | Housing protections under FHA. | Fine between $50 and $500. |
| Delaware | Recognized under state and federal laws. | Protected in housing. | Civil fine up to $500. |
| Florida | Full public access, covered under state and federal law. | Housing accommodations protected. | Second-degree misdemeanor; up to $500 fine or jail time. |
| Georgia | Public access rights under ADA and Georgia law. | Protected only in housing. | Misdemeanor; fines or jail. |
| Hawaii | Full public access under ADA and state law; handler may be asked only two questions. | Protected under housing laws; no public access rights. | Fines between $100-$500 for falsely claiming a pet as a service animal. |
| Idaho | Full public access statewide. | Only protected in housing under FHA. | Considered a misdemeanor with fines up to $100. |
| Illinois | Protected by ADA and Illinois Human Rights Act. | Protected only for housing accommodations. | Class A misdemeanor; subject to fines and possible jail. |
| Indiana | Full access rights recognized. | Housing protections enforced by FHA. | Punishable by fines and up to 60 days of jail. |
| Iowa | Full public access under federal and state law. | Housing accommodations protected. | Serious misdemeanor; criminal charges possible. |
| Kansas | Full public access protected. | Covered under housing only. | Misdemeanor; may result in fines or jail time. |
| Kentucky | Full rights under ADA. | Housing protections only; no public access. | Class B misdemeanor charge. |
| Louisiana | Full public access recognized. | Protected for housing; no public rights. | Civil fine up to $500. |
| Maine | Recognized with full public access rights. | Protected in housing under state and federal law. | Civil penalty up to $1,000. |
| Maryland | Full public access. | Only protected under housing laws. | Fines up to $500 and possible criminal penalties. |
| Massachusetts | Full public access rights protected. | Housing protections enforced. | Civil fine of $300 for misrepresentation. |
| Michigan | Full public access under ADA and Michigan state law. | Protected in housing; no public access. | Treated as a civil infraction; fines vary. |
| Minnesota | Full rights under ADA. | Housing rights protected. | Fine between $100 and $1,000. |
| Mississippi | Full public access. | Only protected for housing. | Considered a misdemeanor crime. |
| Missouri | Full public access rights. | Housing accommodations protected. | Classified as a Class C misdemeanor. |
| Montana | Full public access. | Housing rights under FHA. | Fines up to $1,500 possible. |
| Nebraska | Recognized for full public access. | Housing accommodations only. | Classified as a Class III misdemeanor. |
| Nevada | Full public access. | Housing protections only. | Civil fine up to $500. |
| New Hampshire | Full access rights under federal and state law. | Only for housing accommodations. | Fines beginning at $500. |
| New Jersey | Full public access. | Protected for housing only. | Civil penalties enforced. |
| New Mexico | Full ADA public access. | Housing protections. | Fine up to $500. |
| New York | Full public access guaranteed. | Housing rights protected. | Subject to civil penalties. |
| North Carolina | Full public access. | Housing rights only. | Class 3 misdemeanor. |
| North Dakota | Full ADA public access. | Protected for housing only. | Fines and possible criminal penalties. |
| Ohio | Full public access rights. | Housing accommodations protected. | Minor misdemeanor; fines apply. |
| Oklahoma | Full public access. | Housing protections. | Up to $100 fine. |
| Oregon | Full ADA rights. | Housing protected; not public. | Fines up to $1,000. |
| Pennsylvania | Full public access. | Protected in housing. | Up to $5,000 fine for falsely claiming a disability. |
| Rhode Island | Full public access. | Housing protections. | $500 penalty. |
| South Carolina | Full access guaranteed. | Housing protected. | Misdemeanor offense. |
| South Dakota | Full public access rights. | Housing protections. | Class 2 misdemeanor. |
| Tennessee | Full ADA protection. | Housing rights. | Class B misdemeanor. |
| Texas | Full public access. | Housing only. | $300 fine plus 30 hours community service. |
| Utah | Full public access. | Housing protections. | Class B misdemeanor charge. |
| Vermont | Public access guaranteed. | Housing protected. | Civil penalties apply. |
| Virginia | Full public access rights. | Housing only. | Misdemeanor penalties. |
| Washington | Full public access. | Housing protected. | Up to $500 fine. |
| West Virginia | Full ADA public access. | Housing rights only. | $500 penalty. |
| Wisconsin | Full public access. | Protected in housing. | Civil penalties. |
| Wyoming | Full public access rights. | Protected for housing. | Misdemeanor offense. |
States with a 30-Day Waiting Period for ESA/Service Animal Housing Requests
Some states require tenants to wait 30 days after requesting a reasonable accommodation (like having an ESA) before they gain full protection under the housing law.
This is to prevent fraud and sudden demands from tenants who recently obtained an ESA letter.
States with a 30-Day Waiting Period for ESA Letters
As of 2025, the following states have implemented a 30-day client-provider relationship requirement:
- California – Under Assembly Bill 468, effective January 1, 2022, LMHPs must establish a therapeutic relationship with the client for at least 30 days before issuing an ESA letter.
- Arkansas – House Bill 1420 mandates a 30-day relationship between the patient and the LMHP prior to issuing an ESA letter.
- Iowa – Senate File 2268 requires a 30-day client-provider relationship before an ESA letter can be issued.
- Louisiana – House Bill 407 stipulates that applicants must have at least a 30-day active relationship with their mental health practitioner before an ESA letter can be issued.
- Montana – House Bill 703 requires patients to have a 30-day relationship with their LMHP before an ESA letter is issued.
Purpose of the 30-Day Waiting Period
The 30-day waiting period serves multiple purposes:
- Ensures Authenticity: Confirms that the ESA recommendation is based on a genuine therapeutic need.
- Prevents Fraud: Discourages the use of online services that issue ESA letters without proper evaluations.
Protects Landlords and Tenants: Helps landlords distinguish between legitimate ESA requests and fraudulent claims, fostering trust in housing accommodations.
Federal vs. State Regulations
While the Fair Housing Act (FHA) provides federal protections for individuals with ESAs, allowing them to request reasonable accommodations in housing, states can impose additional requirements to regulate the issuance of ESA letters. The 30-day waiting period is one such state-level regulation aimed at ensuring the legitimacy of ESA claims.
If you reside in a state without a specific waiting period, it’s still essential to obtain an ESA letter from a licensed mental health professional who can assess your need for an emotional support animal. Always ensure that your ESA letter complies with both federal and state laws to guarantee your rights are protected.
CertifyESA makes it simple and secure to get a legitimate Emotional Support Animal (ESA) letter that meets strict state regulations, including the required 30-day waiting period in places like California, Iowa, and Arkansas. Whether you need an ESA letter for housing or travel, CertifyESA connects you with licensed mental health professionals who understand current ESA laws and ensure full legal compliance. Avoid online scams and protect your rights—CertifyESA is your trusted partner for fast, affordable, and reliable emotional support animal certification. Start building your therapeutic relationship today and get peace of mind knowing your ESA is fully protected under federal and state emotional support animal laws.
Alabama
PSDs: Full public access rights under ADA.
ESAs: Protected in housing under FHA.
Misrepresentation: Punishable with fines up to $500.
Alaska
PSDs: Public access guaranteed under ADA.
ESAs: Housing rights only.
Misrepresentation: Civil penalties; fine up to $1,000.
Arizona
PSDs: Recognized under public access laws.
ESAs: Protected only for housing.
Misrepresentation: Class 2 misdemeanor; penalties include fines and possible community service.
Arkansas
PSDs: Full public access.
ESAs: Protected for housing needs.
Misrepresentation: Class C misdemeanor; up to $100 fine.
California
PSDs: Public access with behavioral standards.
ESAs: Housing rights; provider must have 30-day therapeutic relationship with client.
Misrepresentation: Civil fine up to $1,000 and possible jail time.
Colorado
PSDs: Full public access.
ESAs: Protected in housing.
Misrepresentation: Petty offense; up to $500 fine.
Connecticut
PSDs: Public access under ADA.
ESAs: Housing protections under FHA.
Misrepresentation: Fine between $50 and $500.
Delaware
PSDs: Recognized under state and federal laws.
ESAs: Protected in housing.
Misrepresentation: Civil fine up to $500.
Florida
PSDs: Full public access, covered under state and federal law.
ESAs: Housing accommodations protected.
Misrepresentation: Second-degree misdemeanor; up to $500 fine or jail time.
Georgia
PSDs: Public access rights under ADA and Georgia law.
ESAs: Protected only in housing.
Misrepresentation: Misdemeanor; fines or jail.
Hawaii
PSDs: Full public access under ADA and state law; handler may be asked only two questions.
ESAs: Protected under housing laws; no public access rights.
Misrepresentation: Fines between $100–$500 for falsely claiming a pet as a service animal.
Idaho
PSDs: Full public access statewide.
ESAs: Only protected in housing under FHA.
Misrepresentation: Considered a misdemeanor with fines up to $100.
Illinois
PSDs: Protected by ADA and Illinois Human Rights Act.
ESAs: Protected only for housing accommodations.
Misrepresentation: Class A misdemeanor; subject to fines and possible jail.
Indiana
PSDs: Full access rights recognized.
ESAs: Housing protections enforced by FHA.
Misrepresentation: Punishable by fines and up to 60 days of jail.
Iowa
PSDs: Full public access under federal and state law.
ESAs: Housing accommodations protected.
Misrepresentation: Serious misdemeanor; criminal charges possible.
Kansas
PSDs: Full public access protected.
ESAs: Covered under housing only.
Misrepresentation: Misdemeanor; may result in fines or jail time.
Kentucky
PSDs: Full rights under ADA.
ESAs: Housing protections only; no public access.
Misrepresentation: Class B misdemeanor charge.
Louisiana
PSDs: Full public access recognized.
ESAs: Protected for housing; no public rights.
Misrepresentation: Civil fine up to $500.
Maine
PSDs: Recognized with full public access rights.
ESAs: Protected in housing under state and federal law.
Misrepresentation: Civil penalty up to $1,000.
Maryland
PSDs: Full public access.
ESAs: Only protected under housing laws.
Misrepresentation: Fines up to $500 and possible criminal penalties.
Massachusetts
PSDs: Full public access rights protected.
ESAs: Housing protections enforced.
Misrepresentation: Civil fine of $300 for misrepresentation.
Michigan
PSDs: Full public access under ADA and Michigan state law.
ESAs: Protected in housing; no public access.
Misrepresentation: Treated as a civil infraction; fines vary.
Minnesota
PSDs: Full rights under ADA.
ESAs: Housing rights protected.
Misrepresentation: Fine between $100 and $1,000.
Mississippi
PSDs: Full public access.
ESAs: Only protected for housing.
Misrepresentation: Considered a misdemeanor crime.
Missouri
PSDs: Full public access rights.
ESAs: Housing accommodations protected.
Misrepresentation: Classified as a Class C misdemeanor.
Montana
PSDs: Full public access.
ESAs: Housing rights under FHA.
Misrepresentation: Fines up to $1,500 possible.
Nebraska
PSDs: Recognized for full public access.
ESAs: Housing accommodations only.
Misrepresentation: Classified as a Class III misdemeanor.
Nevada
PSDs: Full public access.
ESAs: Housing protections only.
Misrepresentation: Civil fine up to $500.
New Hampshire
PSDs: Full access rights under federal and state law.
ESAs: Only for housing accommodations.
Misrepresentation: Fines beginning at $500.
New Jersey
PSDs: Full public access.
ESAs: Protected for housing only.
Misrepresentation: Civil penalties enforced.
New Mexico
PSDs: Full ADA public access.
ESAs: Housing protections.
Misrepresentation: Fine up to $500.
New York
PSDs: Full public access guaranteed.
ESAs: Housing rights protected.
Misrepresentation: Subject to civil penalties.
North Carolina
PSDs: Full public access.
ESAs: Housing rights only.
Misrepresentation: Class 3 misdemeanor.
North Dakota
PSDs: Full ADA public access.
ESAs: Protected for housing only.
Misrepresentation: Fines and possible criminal penalties.
Ohio
PSDs: Full public access rights.
ESAs: Housing accommodations protected.
Misrepresentation: Minor misdemeanor; fines apply.
Oklahoma
PSDs: Full public access.
ESAs: Housing protections.
Misrepresentation: Up to $100 fine.
Oregon
PSDs: Full ADA rights.
ESAs: Housing protected; not public.
Misrepresentation: Fines up to $1,000.
Pennsylvania
PSDs: Full public access.
ESAs: Protected in housing.
Misrepresentation: Up to $5,000 fine for falsely claiming a disability.
Rhode Island
PSDs: Full public access.
ESAs: Housing protections.
Misrepresentation: $500 penalty.
South Carolina
PSDs: Full access guaranteed.
ESAs: Housing protected.
Misrepresentation: Misdemeanor offense.
South Dakota
PSDs: Full public access rights.
ESAs: Housing protections.
Misrepresentation: Class 2 misdemeanor.
Tennessee
PSDs: Full ADA protection.
ESAs: Housing rights.
Misrepresentation: Class B misdemeanor.
Texas
PSDs: Full public access.
ESAs: Housing only.
Misrepresentation: $300 fine plus 30 hours community service.
Utah
PSDs: Full public access.
ESAs: Housing protections.
Misrepresentation: Class B misdemeanor charge.
Vermont
PSDs: Public access guaranteed.
ESAs: Housing protected.
Misrepresentation: Civil penalties apply.
Virginia
PSDs: Full public access rights.
ESAs: Housing only.
Misrepresentation: Misdemeanor penalties.
Washington
PSDs: Full public access.
ESAs: Housing protected.
Misrepresentation: Up to $500 fine.
West Virginia
PSDs: Full ADA public access.
ESAs: Housing rights only.
Misrepresentation: $500 penalty.
Wisconsin
PSDs: Full public access.
ESAs: Protected in housing.
Misrepresentation: Civil penalties.
Wyoming
PSDs: Full public access rights.
ESAs: Protected for housing.
Misrepresentation: Misdemeanor offense.
References (Updated)
- U.S. Department of Justice. (2022). Frequently Asked Questions about Service Animals and the ADA. Retrieved from https://www.ada.gov/resources/service-animals-2022/
- U.S. Department of Housing and Urban Development. (2020). Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act. Retrieved from https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf
- Animal Legal and Historical Center, Michigan State University College of Law. (2023). Table of State Assistance Animal Laws. Retrieved from https://www.animallaw.info/content/table-state-assistance-animal-laws
- American Bar Association. (2021). Service Animals and Emotional Support Animals: What You Need to Know. Retrieved from https://www.americanbar.org/groups/law_practice/publications/law_practice_magazine/2021/january-february/service-animals-emotional-support-animals/
Disclaimer: The information provided on this page is for general informational purposes only and is not intended as legal advice. While we strive to keep the content accurate and up to date, laws and regulations can vary by state and may change over time. For legal advice specific to your situation, please consult a licensed attorney.