If you live in Arkansas and rely on an emotional support animal (ESA), the Fair Housing Act ensures you can live with your ESA in most housing situations. Arkansas has taken additional steps to protect the legitimacy of ESAs through HB1420, a 2023 law that requires a 30-day therapeutic relationship between clients and mental health providers before issuing ESA letters.
Unlike service animals covered by the Americans with Disabilities Act (ADA), ESAs in Arkansas don’t receive automatic rights to enter public establishments, travel free on airlines, or accompany handlers to work because these animals serve a distinct legal role focused on housing accommodations.
This comprehensive guide breaks down everything Arkansas residents need to understand about emotional support animals: federal and state legal protections, your housing rights, the proper process for securing legitimate documentation, and crucial information about where ESAs are and aren’t permitted, helping you navigate the system with confidence.
Warning: Arkansas Law Requires 30-Day Relationship and Prohibits Fraudulent ESA Documentation. Under Arkansas HB1420 (effective 2023), mental health providers must establish a minimum 30-day therapeutic relationship with clients before issuing ESA letters. Misrepresenting a pet as a service animal can result in fines up to $250. Sellers of fraudulent ESA products face civil penalties. Always obtain legitimate documentation from a licensed Arkansas mental health professional with whom you have an established therapeutic relationship.
Key Takeaways for Arkansas ESA Owners
- An emotional support animal in Arkansas is strongly protected in housing through the Fair Housing Act, which means that landlords must accommodate legitimate ESAs in Arkansas
- 30-day relationship requirement: Arkansas HB1420 mandates a minimum 30-day therapeutic relationship with your mental health provider before receiving an ESA letter
- No pet fees or deposits for properly documented Arkansas ESAs in housing
- Breed and size restrictions don’t apply to ESAs in Arkansas when they present compliant documentation
- No public access rights: ESAs in Arkansas can’t go to restaurants, stores, or most public places
- No free air travel: Airlines have treated ESAs in Arkansas as regular pets since 2021
- Workplace access is not guaranteed, and it is up to the employer’s discretion
- Legitimate documentation is essential: get your ESA letter from a licensed Arkansas mental health professional after establishing the required 30-day relationship
CertaPet is Fully Compliant with Arkansas ESA Law
- Licensed Arkansas mental health professionals
- Meets Arkansas HB1420 30-day relationship requirement
- Fast digital delivery
- 100% money guarantee
- What is an Arkansas Emotional Support Animal?
- How to Get a Legitimate Arkansas ESA Letter (Step-by-Step)
- Understanding Your Arkansas ESA Housing Rights
- Where Can You Take Your ESA in Arkansas? (Rules, Risks & Limits)
- Arkansas ESA Rules for the Workplace
- Arkansas ESA Resources for Students and Veterans
- Your Arkansas ESA Questions Answered (FAQ)
What is an Arkansas Emotional Support Animal?
In Arkansas, emotional support animals are regulated under federal law and Arkansas state legislation (HB1420). An emotional support animal in Arkansas is any domesticated animal that provides therapeutic emotional support to individuals with mental health or emotional disabilities through its presence and companionship.
Arkansas law is clear: An animal that provides emotional support, comfort, or companionship is NOT considered to perform a disability-specific task. This distinction separates ESAs from service animals.
This means:
- Your ESA in Arkansas is treated as an “assistance animal” for housing purposes under the Fair Housing Act
- It does not automatically become a “service animal” with full public access rights
- Under federal ADA rules and Arkansas law, service animals are dogs (or sometimes miniature horses) trained to perform specific tasks for disabilities; emotional support alone doesn’t qualify
ESA vs. Service Dog in Arkansas (Quick Comparison)
| Feature | Emotional Support Animal | Service Dog |
| Main Role | Comfort and emotional support | Specifically trained tasks for disability |
| Training Required | No special training required | Yes, individually trained for specific tasks |
| Key Protection in AR | Housing (FHA) | Housing, public access, and employment (ADA) |
| Public Places | Generally treated as a pet | Must be allowed under ADA |
| Airlines | Treated as a pet (fees apply) | Must be allowed as a service animal |
| Housing Pet Fees | No pet fees for valid ESAs | No fees |
| Provider Relationship | 30-day minimum (Arkansas HB1420) | Not applicable |
| Identification Required | ESA letter only | No specific identification required by law |
How to Get a Legitimate Arkansas ESA Letter (Step-by-Step)
Step 1: Work With an Arkansas-Licensed Mental Health Professional
Your ESA letter must be issued by a licensed healthcare provider authorized to practice in Arkansas. This includes:
- Licensed psychologists
- Licensed clinical social workers (LCSW)
- Licensed professional counselors (LPC)
- Psychiatrists
- Licensed therapists or counselors
- Other licensed mental health professionals (LMHP)
The Arkansas HB1420 30-day relationship requirement: Arkansas law requires healthcare providers to establish a minimum 30-day therapeutic relationship with clients before issuing an ESA letter. This means:
- You must have an ongoing clinical relationship with your provider for at least 30 days
- Your provider must have actual knowledge of your condition and disability-related needs
- One-time consultations or instant evaluations do not meet Arkansas legal requirements
- The therapeutic relationship must be substantive, not just a waiting period
While telehealth consultations are legal and acceptable, they must involve a genuine therapeutic relationship over the required 30-day period conducted by an Arkansas-licensed provider.
Step 2: Complete a Clinical Evaluation
Over the course of your 30-day therapeutic relationship, your mental health professional must:
- Evaluate your mental or emotional disability
- Establish actual knowledge of your condition through ongoing treatment
- Determine that an ESA is necessary to help alleviate your disability-related symptoms
- Confirm that the ESA enables you to use and enjoy your dwelling
Important: “Instant letters” or same-day evaluations violate Arkansas HB1420’s 30-day relationship requirement and are not legally valid in Arkansas.
Step 3: Get a Compliant Arkansas ESA Letter
A legitimate Arkansas ESA letter should include:
- Provider’s full name, license type, license number, and state of licensure (Arkansas)
- Written on professional letterhead
- Statement confirming you have a mental or emotional disability (specific diagnosis not required for housing)
- Explanation that the animal helps alleviate disability-related symptoms
- Confirmation that the provider has an established therapeutic relationship with you (minimum 30 days)
- Date of the therapeutic relationship’s establishment
- Signature and date
- There is a clear indication that the ESA is necessary as a reasonable accommodation in housing.
Important: ESA Letter Validity and Renewal
ESA letters are valid for 12 months from the date of issuance. To maintain your ESA housing privileges in Arkansas, you must renew your letter annually before it expires. Landlords and property managers can request current, valid documentation, and an expired ESA letter may not be accepted as proof of your accommodation needs. Schedule a follow-up evaluation with your Arkansas-licensed mental health professional before your letter expires to ensure uninterrupted housing protections. Keeping your ESA documentation current demonstrates the ongoing therapeutic relationship required under fair housing law and Arkansas HB1420.
Step 4: Avoid Fake Registries, Fraudulent Documentation, and Online Scams
Arkansas law explicitly addresses fraudulent ESA documentation and products. Under Arkansas HB1420:
For providers and sellers:
- Healthcare providers must comply with the 30-day relationship requirement
- Sellers of ESA-related products (ID tags, vests, certificates, harnesses) must inform customers that these items are not legally required
- Companies that misrepresent ESA products or fail to provide required disclosures face civil penalties
For individuals:
- Misrepresenting a pet as a service animal can result in fines up to $250
- Using fraudulent ESA documentation can result in the denial of housing accommodations
Red flags to watch out for:
- Sites promising instant letters with no evaluation or a 30-day relationship
- “Official” ESA registries or certification databases (these don’t exist federally or in Arkansas)
- Providers who never ask about your mental health history or therapeutic needs
- Pre-printed certificates or ID cards are sold as proof of ESA status
- Any site suggesting you “just say you’re disabled” to qualify
- Extremely cheap letters ($25-50) with no real consultation
- Services that don’t comply with Arkansas’s 30-day relationship requirement
The truth: ESA registrations, certificates, and vests are neither legally required nor recognized under Arkansas or federal law. What matters for housing is a valid ESA letter from an Arkansas-licensed mental health professional with whom you have established a minimum 30-day therapeutic relationship as required by Arkansas HB1420.
Arkansas landlords can request valid documentation and deny tenants who cannot provide legitimate ESA letters. Using fraudulent documentation or circumventing the 30-day requirement can result in denial of accommodations and potential penalties.
CertaPet telehealth services connect you with a licensed clinician in Arkansas to conduct a compliant assessment that meets Arkansas HB1420’s 30-day relationship requirement. All our therapists will be with you every step of the way.
Understanding Your Arkansas ESA Housing Rights
Arkansas ESAs are protected in housing by:
- Federal Fair Housing Act (FHA) and HUD’s assistance animal guidance
- Arkansas HB1420 (2023) establishes standards for ESA documentation
What Landlords, HOAs, and Property Managers Can and Cannot Do
Landlords MUST:
- Make reasonable accommodations for tenants with legitimate Arkansas ESA documentation
- Waive “no pets” policies for ESAs
- Allow ESAs without charging pet rent, pet fees, or pet deposits
- Consider ESA requests on an individualized basis, not on breed or size alone
- Evaluate requests and reliable supporting documentation fairly
Landlords CAN:
- Request reliable documentation if your disability or need isn’t obvious or readily apparent
- Verify that your ESA letter comes from an Arkansas-licensed provider with a 30-day therapeutic relationship
- Charge for any actual physical damage caused by the ESA beyond normal wear and tear
- Ask for documentation that verifies the disability and the disability-related need for the ESA
- Deny requests in specific, limited circumstances (see below)
What landlords CANNOT ask for:
- Specific details about your diagnosis
- Medical records
- Detailed proof of training or certification for the ESA
- Registration or certification documents (these don’t create legal rights)
When Can an Arkansas Landlord Deny Your ESA Request?
Housing providers can deny an ESA request if:
- The documentation is fraudulent, inadequate, or doesn’t meet Arkansas HB1420 requirements (such as lacking proof of a 30-day therapeutic relationship)
- Your documentation is not from a licensed Arkansas provider
- Your disability isn’t obvious, and you refuse to provide proper documentation when legitimately requested
- The animal poses a direct threat to the health or safety of others that cannot be reduced through reasonable measures
- The animal would cause substantial property damage that cannot be mitigated
- Allowing the animal would impose an undue financial or administrative burden or fundamentally alter the housing program
Small landlord exemption: Owner-occupied buildings with four or fewer units may be exempt from FHA requirements. Religious organizations and private clubs may also have limited exemptions.
If you believe you’ve been wrongly denied, you can file a complaint with:
- Arkansas Fair Housing Commission: (501) 682-3247
- Legal Aid of Arkansas Fair Housing Helpline: 1-870-338-9834
- HUD (U.S. Department of Housing and Urban Development)
Where Can You Take Your ESA in Arkansas? (Rules, Risks & Limits)
Public Places (Stores, Restaurants, Hotels)
The reality: ESAs do NOT have public access rights under the ADA or Arkansas law. Businesses in Arkansas may treat ESAs as regular pets.
Arkansas law is explicit: Only service dogs have public access rights. Service animals in Arkansas are defined as dogs (and sometimes miniature horses) individually trained to perform specific tasks for people with disabilities.
- Hotels: May refuse ESAs unless they have pet-friendly policies
- Restaurants and grocery stores: Only service animals are allowed; ESAs can be excluded
- Stores and shops: Business owners have complete discretion to allow or deny ESAs
Some establishments implement pet-friendly policies. In those cases, ESAs are allowed as well, but it’s always best to call ahead.
Air Travel
Current rules: Following revisions to the Air Carrier Access Act, airlines are no longer required to accept ESAs as service animals, effective January 2021. This means that:
- Most major carriers (United, American, Delta, Southwest) now treat ESAs as regular pets
- ESAs are subject to pet fees (typically $95-$125 each way)
- Must travel in airline-approved carriers that fit under the seat
- Size and breed restrictions may apply
- Some smaller airlines may have different policies; always contact your airline in advance
Public Transportation, Parks, and Facilities
Public transportation: ESAs are not permitted on Arkansas buses, trains, or other public transit. Some systems may allow them at their discretion under pet policies.
State and local parks:
- Many Arkansas parks are pet-friendly and may welcome ESAs under regular pet policies
- Leash laws apply (varies by city and county)
- Some parks have restricted areas or seasonal limitations
- Always check specific park regulations
Arkansas ESA Rules for the Workplace
ESAs do not have automatic workplace access rights in Arkansas.
Federal Law and ESAs at Work
Under the Americans with Disabilities Act (ADA), employers must provide “reasonable accommodations” for employees with disabilities. However:
- The ADA only protects explicitly service animals in the workplace, not ESAs
- ESAs fall into a gray area for workplace accommodations
- Employers have significant discretion in deciding whether to allow ESAs
Can You Request an ESA at Work in Arkansas?
Yes, you can request it, but your employer can legally deny it. Here’s what might help:
Your request may be stronger if:
- You have a documented mental health disability
- A licensed Arkansas mental health professional confirms in writing that the ESA is necessary for you to perform your job duties
- The animal is well-behaved and won’t disrupt operations
- Your employer can accommodate the animal without undue hardship
Employers can refuse if:
- The ESA would create safety concerns
- The animal disrupts work operations or other employees
- Other reasonable accommodations exist that don’t involve an animal
- The accommodation causes undue financial or administrative hardship
Best Practices for Workplace ESA Requests in Arkansas
- Review your employer’s policies regarding animals in the workplace
- Communicate openly with your employer or HR department about your needs
- Provide documentation from your Arkansas-licensed mental health provider that meets HB1420 requirements
- Discuss alternatives if an ESA isn’t feasible (flexible schedules, modified duties, etc.)
- Be prepared for rejection: employers are within their legal rights to deny ESA requests
- Ensure your ESA is well-trained if approved—disruptive behavior can lead to removal
Arkansas ESA Resources for Students
University and College Housing
College and university housing in Arkansas falls under the FHA, meaning that ESAs are allowed as a reasonable accommodation for students. Still, their access is limited only to the students’ living quarters. Animals can be removed from University housing if they pose health/safety threats or interfere with University programs.
How it typically works:
- Contact your school’s Disability Services office or Office of Accessibility (not housing first)
- Provide ESA documentation from a qualified Arkansas-licensed provider that meets HB1420’s 30-day relationship requirement
- Follow the approval process and any requirements (vaccines, behavior standards, designated areas)
Arkansas schools with documented ESA policies:
University of Arkansas (Fayetteville):
- ESAs are allowed in University housing as reasonable accommodations
- Students must contact the Center for Educational Access (CEA)
- CEA reviews requests and coordinates with University Housing
- ESAs are NOT permitted in public areas of campus (classrooms, labs, offices) without specific accommodation approval
- Must follow University requirements, including behavior standards, vaccination records, and housing rules
- Must meet Arkansas HB1420 requirements for ESA documentation
University of Central Arkansas (Conway):
- ESAs may be approved for on-campus housing under the Fair Housing Act
- Students must complete OARS (Office of Accessibility Resources and Services) registration
- The ESA Committee reviews requests within 60 calendar days
- The committee includes the Director of OARS, the Dean of Students, the Director of Housing and Residence Life, and the Counseling Center Representative
- The animal must be approved at least 7 days before moving into housing
- Contact: (501) 450-3613 or oars@uca.edu
- Located: Student Health Building, Suite 212, Conway, AR 72035
University of Arkansas at Little Rock:
- ESAs allowed in campus housing through Disability Resource Center
- Students must complete the ESA request form through the Housing site
- Documentation must be from an Arkansas-licensed provider with an established relationship
- Internet-based providers without clinical relationships may not provide sufficient documentation
- Contact: Disability Resource Center
Arkansas Tech University (Russellville):
- ESAs permitted in University housing with prior approval
- Students must request through the Office of Disability Services at least 30 days before housing needed
- Must provide documentation from Arkansas-licensed healthcare provider
- ESAs not permitted in other campus areas (libraries, classrooms, labs) unless specifically approved
University of Arkansas at Monticello:
- ESAs permitted in campus housing with approval from Student Special Services and Dean of Students
- Requests evaluated case-by-case
- Must meet qualifying disability and demonstrate need for ESA
- Contact: Student Special Services
Ready to Get Your Arkansas ESA Letter?
Make sure you’re working with a legitimate service that connects you with Arkansas-licensed mental health professionals who comply with Arkansas HB1420’s 30-day relationship requirement, establish genuine therapeutic relationships, conduct real evaluations, and provide valid documentation that complies with Arkansas and federal law.
Disclaimer: This guide provides general information about Arkansas ESA laws and federal protections. It is not legal advice. For specific situations, consult with a qualified attorney or disability rights advocate. Laws and regulations may change over time. Always verify current requirements with the Arkansas Fair Housing Commission or HUD.
Can my landlord charge pet rent or a pet deposit for my ESA?
No. Under both federal FHA and Arkansas housing law, pet rent, pet fees, and pet deposits must be waived for ESAs. However, you’re still responsible for actual physical damage beyond normal wear and tear.
Are there breed or weight limits for ESAs in Arkansas housing?
No. Breed and weight limits that apply to pets generally do not apply to ESAs. Decisions must be individualized to the specific animal, not based on stereotypes.
Can my landlord deny my ESA in Arkansas?
Yes, but only under specific circumstances:
- You don’t meet disability requirements
- Your documentation doesn’t meet Arkansas HB1420 requirements (such as lacking the 30-day therapeutic relationship)
- You refuse to provide valid documentation when legitimately requested
- Your documentation is fraudulent or from an unlicensed provider
- The animal poses a direct threat that can’t be mitigated
- The animal would cause substantial damage that cannot be reduced
- Your landlord qualifies for a small landlord exemption (owner-occupied, four or fewer units)
Do I have to register my ESA in Arkansas or get a special ID?
No. There is no official Arkansas ESA registry, and federal law doesn’t require registration. Arkansas HB1420 explicitly requires sellers of ESA products to inform customers that ID cards, certificates, vests, and similar items are not legally required. The only required documentation is a legitimate ESA letter from an Arkansas-licensed mental health professional with whom you have established a minimum 30-day therapeutic relationship.
Does my ESA need special training in Arkansas?
No specific task training is required (that’s what distinguishes ESAs from service animals). However, your ESA must:
- Be under your control
- Be housebroken
- Not be aggressive or pose a safety threat
- Not cause ongoing disturbances that fundamentally alter the housing environment
- Comply with reasonable rules applicable to all residents
Can I have more than one ESA in Arkansas?
Yes, if each animal is necessary for your disability-related needs. You’ll need documentation from a licensed Arkansas provider (with the required 30-day relationship) explaining the need for multiple animals. Landlords can consider whether multiple ESAs would create an undue burden, pose safety concerns, or cause significant property damage.
Does my clinician need to be licensed in Arkansas?
Yes. Your provider must be licensed to practice in Arkansas and should include their Arkansas license details in your letter. Additionally, Arkansas HB1420 requires that you establish a minimum 30-day therapeutic relationship with this provider before they can issue your ESA letter.
Are ESAs allowed in Arkansas restaurants and stores?
No. Only service animals have public access rights under Arkansas law and the ADA. ESAs don’t qualify as service animals and can be excluded from restaurants, grocery stores, and most public places. However, some businesses may be pet-friendly by choice.
Can I bring my ESA to work in Arkansas?
Not automatically. Employers aren’t required to allow ESAs under the ADA or Arkansas law, though you can request an accommodation. Whether it’s granted depends on factors like the animal’s behavior, workplace operations, and available alternatives.
What happens if I misrepresent my pet as a service animal in Arkansas?
Misrepresenting a pet as a service animal in Arkansas can result in penalties.
Penalties for misrepresentation:
- Fines up to $250
- Business owners can refuse entry or remove you
- May face lease violations or housing consequences
- Misrepresenting as a service animal using fake gear (vests, IDs, harnesses) can trigger citations
What happens if I provide fraudulent ESA documentation in Arkansas?
Providing fraudulent ESA documentation or documentation that doesn’t meet Arkansas HB1420 requirements (such as lacking the 30-day therapeutic relationship) can have serious consequences.
Consequences:
- Landlords can deny or revoke housing accommodations
- Potential eviction if fraud discovered after move-in
- Liability for damages
- Sellers of fraudulent ESA products face civil penalties under Arkansas HB1420
See What Our Clients Say About US
We helped more than 200,000 people with their ESA and PSD needs
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Emotional Support Laws by State
Northeast
Southeast
- Alabama ESA Letters
- Arkansas ESA Letters
- Delaware ESA Letters
- Florida ESA Letters
- Georgia ESA Letters
- Kentucky ESA Letters
- Louisiana ESA Letters
- Maryland ESA Letters
- Mississippi ESA Letters
- North Carolina ESA Letters
- South Carolina ESA Letters
- Tennessee ESA Letters
- Virginia ESA Letters
- West Virginia ESA Letters
