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ESA Letter New Hampshire

New Hampshire ESA Laws: A Complete 2026 Guide (Housing, Travel & Workplace)

Athena Angela Gaffud, DVMWritten by: Athena Angela Gaffud, DVM - Updated:Feb 04, 2026
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If you live in New Hampshire and rely on an emotional support animal (ESA), the Fair Housing Act ensures you can live with your ESA in most housing situations. New Hampshire has no comprehensive state-specific ESA laws beyond federal protections, relying primarily on the Fair Housing Act and the New Hampshire Law Against Discrimination (RSA 354-A), which are enforced by the New Hampshire Commission for Human Rights.

Unlike service animals protected by the Americans with Disabilities Act (ADA) and New Hampshire Revised Statutes (N.H. Rev. Stat. § 167-D), ESAs in New Hampshire 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 New Hampshire 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: New Hampshire Law Prohibits Service Animal Misrepresentation

Under New Hampshire law (RSA 167-D:8 and RSA 167-D:10), it is a misdemeanor to misrepresent an animal as a service animal. While these statutes specifically address service animals, misrepresenting an emotional support animal in New Hampshire to gain housing accommodations or passing an ESA off as a service animal can result in criminal penalties, denial of housing, and potential eviction.

Key Takeaways for New Hampshire ESA Owners

  • An emotional support animal in New Hampshire is strongly protected in housing through the Fair Housing Act and RSA 354-A (New Hampshire Law Against Discrimination)
  • No state-specific relationship requirement: New Hampshire does not require a minimum therapeutic relationship period for ESA letters
  • No pet fees or deposits for properly documented New Hampshire ESAs in housing
  • Breed and size restrictions don’t apply to ESAs in New Hampshire when they present compliant documentation
  • No public access rights: ESAs in New Hampshire can’t go to restaurants, stores, or most public places unless they’re pet-friendly
  • No free air travel: Airlines have treated ESAs in New Hampshire as regular pets since 2021
  • Workplace access is not guaranteed and is up to the employer’s discretion

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What is a New Hampshire Emotional Support Animal?

In New Hampshire, emotional support animals are regulated primarily under federal law and RSA 354-A (the New Hampshire Law Against Discrimination), with enforcement through the New Hampshire Commission for Human Rights. An emotional support animal in New Hampshire is any domesticated animal that provides therapeutic emotional support to individuals with mental health or emotional disabilities through its presence and companionship.

ESA vs. Service Dog in New Hampshire (Quick Comparison)

FeatureEmotional Support AnimalService Dog
Main RoleComfort and emotional supportSpecifically trained tasks for disability
Training RequiredNo special training requiredYes, individually trained for specific tasks
Key Protection in NHHousing (FHA + RSA 354-A)Housing, public access, and employment (ADA + N.H. Rev. Stat. § 167-D)
Public PlacesGenerally treated as a petMust be allowed under ADA and N.H. Rev. Stat. § 167-D:6
AirlinesTreated as a pet (fees apply)Must be allowed as a service animal
Housing Pet FeesNo pet fees for valid ESAsNo fees
Provider RelationshipNo state minimum requirementNot applicable
Identification RequiredESA letter onlyNo specific identification required by law
New Hampshire-Specific LawRSA 354-A (housing discrimination)N.H. Rev. Stat. § 167-D (public access rights)
Misrepresentation PenaltyDenial of housing, potential criminal penaltiesRSA 167-D:8 and 167-D:10 (misdemeanor with enhanced penalties)

How to Get a Legitimate New Hampshire ESA Letter (Step-by-Step)

Step 1: Work With a Licensed Mental Health Professional

Your ESA letter in New Hampshire must be issued by a licensed healthcare provider. This includes:

  • Licensed psychologists
  • Licensed clinical social workers (LCSW)
  • Licensed professional counselors (LPC)
  • Licensed marriage and family therapists (LMFT)
  • Licensed clinical mental health counselors (LCMHC)
  • Psychiatrists
  • Licensed therapists or counselors
  • Other licensed mental health professionals
  • Physicians who can diagnose and treat mental health conditions

New Hampshire does not require a specific minimum therapeutic relationship period: it has no state-specific laws mandating a 30-day relationship requirement, as in Montana, Louisiana, Iowa, or California.

However, the healthcare provider must be aware of your disability and the disability-related need for the animal to issue a legitimate letter that will be accepted under fair housing law.

While telehealth consultations are legal and acceptable, they must involve a genuine evaluation by a licensed provider with sufficient knowledge of your condition, not just a cursory online quiz or instant approval.

Step 2: Complete a Clinical Evaluation

Your mental health professional must:

  • Evaluate your mental or emotional disability
  • Have knowledge of your condition and how it affects you
  • Determine that an ESA is necessary to help alleviate your disability-related symptoms

Important: “Instant letters” or same-day evaluations from providers with no knowledge of your condition are not considered legitimate documentation under fair housing law and can be denied by landlords.

Step 3: Get a Compliant New Hampshire ESA Letter

A legitimate New Hampshire ESA letter should:

  • Have the provider’s full name, license type, license number, and state of licensure
  • Be written on professional letterhead
  • Have a statement confirming you have a mental or emotional disability (specific diagnosis not required for housing)
  • Have an explanation that the animal helps alleviate disability-related symptoms
  • Confirm that the provider has knowledge of your condition and disability-related need for the animal
  • Have a date, signature, and contact information
  • Clearly indicate 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 they are issued. To maintain your ESA housing privileges in New Hampshire, 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 licensed mental health professional before your letter expires to ensure uninterrupted housing protections. Keeping your ESA documentation up-to-date demonstrates the ongoing disability-related need required under fair housing law.

Step 4: Avoid Fake Registries, Fraudulent Documentation, and Online Scams

There is no official ESA registry in New Hampshire. The New Hampshire Commission for Human Rights and disability advocates are explicit about fake documentation.

Red flags to watch out for:

  • Sites promising instant letters with no genuine evaluation
  • “Official” ESA registries or certification databases (these don’t exist federally or in New Hampshire)
  • 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 guarantee approval before any evaluation
  • Providers that don’t have valid licenses

The truth: ESA registrations, certificates, and vests are neither legally required nor recognized under New Hampshire or federal law. What matters for housing is a valid ESA letter from a licensed mental health professional with knowledge of your disability and disability-related need for the animal.

CertaPet telehealth services connect you with a licensed clinician to conduct a compliant assessment that meets federal fair housing requirements and New Hampshire law. All our therapists will be with you every step of the way.

Understanding Your New Hampshire ESA Housing Rights

New Hampshire ESAs are protected in housing by:

What Landlords, HOAs, and Property Managers Can and Cannot Do

Landlords MUST:

  • Make reasonable accommodations for tenants with legitimate New Hampshire 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
  • May need to waive breed, weight, and species restrictions as part of a reasonable accommodation

Landlords CAN:

  • Request reliable documentation if your disability or need isn’t obvious or readily apparent
  • Verify that your ESA letter comes from a licensed provider with knowledge of your condition
  • 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 a New Hampshire Landlord Deny Your ESA Request?

Housing providers can deny an ESA request if:

  • Your documentation is not from a licensed healthcare provider with knowledge of your condition
  • The documentation is fraudulent, inadequate, or doesn’t establish both a disability and a disability-related need for the animal
  • 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

There is a small landlord exemption under federal law: Owner-occupied buildings with no more than three units may be exempt from RSA 354-A requirements. Owner-occupied buildings with no more than four units may be exempt from federal 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:

  • New Hampshire Commission for Human Rights (NHCHR): (603) 271-2767 / TDD Access: Relay NH (800) 735-2964 / Email: humanrights@hrc.nh.gov / 57 Regional Drive, Suite 8, Concord, NH 03301
  • HUD Office of Fair Housing and Equal Opportunity – Boston Regional Office: (800) 669-9777 / 10 Causeway Street, Room 321, Boston, MA 02222-1092
  • New Hampshire Legal Assistance Fair Housing: (800) 921-1115 / TTY: (800) 735-2964 or 7-1-1
  • 603 Legal Aid: (800) 639-5290 or (603) 224-3333

Filing Deadlines:

  • Housing discrimination complaints with NHCHR: 180 days from the date of the alleged violation
  • Housing discrimination complaints with HUD: 1 year from the date of the alleged violation

Where Can You Take Your ESA in New Hampshire? (Rules, Risks & Limits)

Air Travel

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
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Public Places (Stores, Restaurants, Hotels)

The reality: ESAs do NOT have public access rights under the ADA or New Hampshire law (N.H. Rev. Stat. § 167-D). Businesses in New Hampshire may treat ESAs as regular pets.

New Hampshire law is explicit: Only service dogs have public access rights under N.H. Rev. Stat. § 167-D:6. Service animals in New Hampshire are defined under state law and federal ADA rules as dogs trained to perform specific tasks for people with disabilities. New Hampshire law also covers service animals in training.

  • 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 may voluntarily welcome well-behaved animals. Always call ahead to confirm their pet policies.

Public Transportation, Parks, and Facilities

ESAs are not permitted on New Hampshire public transit systems under service animal policies. Some systems may allow them at their discretion under pet policies.

New Hampshire parks:

  • Many New Hampshire state parks and local parks are pet-friendly and may welcome ESAs under regular pet policies
  • Leash laws apply (varies by city and county)
  • Always check specific park regulations

New Hampshire ESA Rules for the Workplace

ESAs do not have automatic workplace access rights in New Hampshire.

Can You Request an ESA at Work in New Hampshire?

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 New Hampshire 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

New Hampshire ESA Resources for Students

University and College Housing

College and university housing in New Hampshire 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 Student Accessibility Services, Disability Resource Center, or similar office (not housing first)
  • Provide ESA documentation from a qualified licensed mental health provider
  • Follow the approval process and any requirements (vaccines, behavior standards, designated areas)

University of New Hampshire (UNH):

  • Emotional Support Animals (ESAs) may be permitted in university housing with approval from the Civil Rights and Equity Office (CREO)
  • ESAs are classified under the Fair Housing Act and are limited to residential living spaces
  • Students must seek approval from CREO before bringing an ESA to campus
  • Appropriate documentation is required to establish that the ESA is needed for the student to use and enjoy university housing
  • Upon approval, the ESA will be registered
  • ESAs may only reside in a student’s room and may accompany the student in public or common use areas on the path of travel to their room
  • Contact: Civil Rights and Equity Office (CREO)

Dartmouth College:

  • Emotional Support Animals (ESAs) may be permitted in residential living spaces on a case-by-case basis with approval from Student Accessibility Services (SAS)
  • ESAs are limited to residential living spaces and not permitted in other campus areas
  • Students must complete the SAS application and submit relevant documentation no fewer than six weeks prior to the start of the move-in period
  • Students must meet with an SAS advisor regarding ESA requests
  • Mental health providers must complete the ESA Verification Form
  • Both SAS approval and Office of Residential Life confirmation are required
  • ESAs must meet specific criteria: housebroken, spayed/neutered, appropriately vaccinated, non-aggressive, under control at all times
  • Exotic, wild, and agricultural animals (including ducks, chickens, pigs, and miniature goats) are typically inappropriate as ESAs
  • Contact: Student Accessibility Services (SAS) – Phone: (603) 646-9900

New Hampshire ESA Resources for Veterans

New Hampshire veterans have both federal and state resources:

  • U.S. Department of Veterans Affairs (VA) – provides mental-health services and, for some conditions, support related to service dogs
  • New Hampshire Department of Military Affairs and Veterans Services – helps veterans with benefits, claims, and referrals (including disability-related supports)

For many New Hampshire veterans:

  • ESAs/assistance animals help them maintain stable civilian housing under the FHA and RSA 354-A enforcement
  • Psychiatric service dogs (when realistic) can offer public-access help and are sometimes supported through VA-related programs
Frequently Asked Questions
Can my landlord charge pet rent or a pet deposit for my ESA?

No. Under both federal FHA and New Hampshire law (RSA 354-A), 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 New Hampshire 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 or blanket policies. New Hampshire guidance confirms housing providers may need to waive breed, weight, and species restrictions as part of a reasonable accommodation.

Can my landlord deny my ESA in New Hampshire?

Yes, but only under specific circumstances:

  • You don’t meet disability requirements
  • Your documentation doesn’t establish both a disability and a disability-related need for the animal
  • You refuse to provide valid documentation when legitimately requested
  • Your documentation is fraudulent or from an unlicensed provider without knowledge of your condition
  • 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, three or fewer units under state law; four or fewer units under federal law)
Do I have to register my ESA in New Hampshire or get a special ID?

No. There is no official New Hampshire ESA registry, and federal law doesn’t require registration. The New Hampshire Commission for Human Rights confirms that generic registrations and online certificates are not valid.

The only required documentation is a legitimate ESA letter from a licensed mental health professional with knowledge of your disability and disability-related need for the animal.

Does my ESA need special training in New Hampshire?

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 New Hampshire?

Yes, if each animal is necessary for your disability-related needs. You’ll need documentation from a licensed provider 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 New Hampshire?

While New Hampshire does not explicitly require the provider to be licensed in New Hampshire, it’s strongly recommended to work with a New Hampshire-licensed mental health professional or a provider licensed in the state where they practice to ensure the letter is accepted by landlords and complies with telehealth regulations. The provider must be knowledgeable about your condition and the animal’s disability-related needs.

What happens if I use fraudulent ESA documentation or misrepresent my animal in New Hampshire?

Consequences:

  • RSA 167-D:8 makes it a misdemeanor to misrepresent an animal as a service animal
  • RSA 167-D:10 provides enhanced penalties for certain violations, including interfering with, injuring, or allowing a dog to attack a service animal
  • Landlords can deny or revoke housing accommodations
  • Potential eviction if fraud is discovered after move-in
  • Criminal penalties, including fines
  • Liability for damages
  • Loss of credibility for future accommodation requests
Can I use an ESA letter from a provider in another state in New Hampshire?

While an ESA letter from a provider licensed in another state may be accepted, it’s recommended to work with a licensed mental health professional certified in New Hampshire to ensure full compliance and to avoid potential landlord challenges. The provider must have sufficient knowledge of your condition to document the animal’s disability-related needs.

What is the New Hampshire Commission for Human Rights' role in ESA housing disputes?

The New Hampshire Commission for Human Rights (NHCHR) is the state agency that investigates and enforces violations of RSA 354-A (the New Hampshire Law Against Discrimination). If you believe a landlord has discriminated against you based on your ESA, you can file a complaint with NHCHR within 180 days from the date of the alleged housing discrimination. NHCHR will investigate your complaint and work toward a resolution.

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