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ESA Letter North Dakota

North Dakota ESA Laws: A Complete 2026 Guide (Housing, Travel & Workplace)

Ivana Crnec, DVMWritten by: Ivana Crnec, DVM - Updated:Feb 04, 2026
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North Dakota residents who depend on an emotional support animal (ESA), need to know that the Fair Housing Act provides strong housing protections to their support pets, ensuring you can live with your ESA even in properties with “no pets” policies. North Dakota law reinforces federal protections through specific statutes that allow landlords to request reliable documentation while establishing penalties for fraudulent claims. North Dakota does not have comprehensive state-specific ESA legislation beyond federal Fair Housing Act requirements, but the state has implemented clear penalties for misrepresentation of animals as service animals.

Warning: North Dakota Law Prohibits Service Animal Misrepresentation and Fraudulent Documentation. Under N.D. Cent. Code § 25-13-02.2, knowingly making a false claim that a pet is a service animal (for public places or housing) is an infraction. Under N.D. Cent. Code § 47-16-07.6, providing fraudulent disability documentation for housing is an infraction, and landlords may evict tenants and collect damage fees up to $1,000. Always obtain legitimate documentation from a North Dakota-licensed mental health professional.

Key Takeaways for North Dakota ESA Owners

  • An emotional support animal receives strong housing protections through the Fair Housing Act, requiring North Dakota landlords to accommodate legitimate ESAs
  • No pet fees or deposits for properly documented North Dakota ESAs in housing
  • Breed and size restrictions don’t apply to ESAs in North Dakota when proper documentation is provided
  • North Dakota landlords can request reliable documentation under N.D. Cent. Code § 47-16-07.5
  • Fraudulent documentation penalties: infraction plus up to $1,000 damage fee and potential eviction
  • No public access rights: ESAs do not have access to restaurants, stores, or most public places
  • No free air travel: airlines have treated ESAs as regular pets since 2021
  • Workplace access is not guaranteed; employers have discretion

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What is a North Dakota Emotional Support Animal?

An emotional support animal in North Dakota is any domesticated animal that provides therapeutic emotional support to individuals with mental health or emotional disabilities through its presence and companionship, no specific training required.

This means:

  • Your ESA in North Dakota is treated as an “assistance animal” for housing purposes only under the Fair Housing Act
  • It does not automatically become a “service animal” with full public access rights
  • Under federal ADA rules and North Dakota law (N.D. Cent. Code Chapter 25-13), service animals are dogs trained to perform specific tasks for disabilities; emotional support alone doesn’t qualify

ESA vs. Service Dog in North Dakota (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 NDHousing (FHA)Housing, public access (ADA + ND Code § 25-13-02)
Public PlacesGenerally treated as a petMust be allowed under ADA
AirlinesTreated as a pet (fees apply)Must be allowed as a service animal
Housing Pet FeesNo pet fees for valid ESAsNo fees
Identification RequiredESA letter onlyNo specific identification required by law

How to Get a Legitimate North Dakota ESA Letter (Step-by-Step)

Step 1: Work With a North Dakota-Licensed Mental Health Professional and Complete a Clinical Evaluation

Your mental health professional must:

  • Evaluate your mental or emotional disability
  • Establish actual knowledge of your condition through a therapeutic relationship
  • 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” without proper evaluation violate the requirement for a legitimate therapeutic relationship.

Licensed professionals that can issue valid North Dakota ESA letters include:

  • Licensed psychologists
  • Licensed clinical social workers (LCSW)
  • Licensed professional counselors (LPC)
  • Psychiatrists
  • Licensed therapists or counselors
  • Other licensed mental health professionals (LMHP)

While telehealth consultations are legal and acceptable, they must involve a true clinical evaluation conducted by a North Dakota-licensed provider.

Step 2: Get a Compliant North Dakota ESA Letter

A legitimate North Dakota ESA letter should include:

  • Provider’s full name, license type, license number, and state of licensure (North Dakota)
  • 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 a therapeutic relationship with you
  • Signature and date
  • 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 North Dakota, 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. 

Step 3: Avoid Fake Registries, Fraudulent Documentation, and Online Scams

Avoid Fake Registries, Fraudulent Documentation, and Online Scams

North Dakota law explicitly prohibits fraudulent documentation. Under N.D. Cent. Code § 47-16-07.6:

For individuals seeking housing accommodations:

  • Infraction for knowingly providing fraudulent supporting documentation
  • If convicted, landlords may evict tenants
  • Damage fee up to $1,000 from lessee
  • Civil liability for fraud

For misrepresenting a pet as a service animal under N.D. Cent. Code § 25-13-02.2:

  • Infraction for knowingly making false claim

Red flags to watch out for:

  • Sites promising instant letters with no evaluation
  • “Official” ESA registries or certification databases (these don’t exist federally or in North Dakota)
  • Providers who never ask about your mental health history or therapeutic needs
  • Pre-printed certificates or ID cards 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 only use online questionnaires or phone calls without establishing a therapeutic relationship

North Dakota landlords can request valid documentation under N.D. Cent. Code § 47-16-07.5 and deny tenants who cannot provide legitimate ESA letters. Using fraudulent documentation can result in infraction charges, eviction, and damage fees up to $1,000.

ESA registrations, certificates, and vests are not legally required or recognized in North Dakota, the only compliant document is a legit ESA letter. CertaPet telehealth services connect you with a licensed clinician in North Dakota to conduct a compliant assessment. All our therapists will be with you every step of the way.

Understanding Your North Dakota ESA Housing Rights

North Dakota ESAs are protected in housing by:

  • Federal Fair Housing Act (FHA) and HUD’s assistance animal guidance
  • North Dakota Century Code § 47-16-07.5 (documentation requirements)
  • North Dakota Century Code § 47-16-07.6 (penalties for fraudulent documentation)

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

Landlords MUST:

  • Make reasonable accommodations for tenants with legitimate North Dakota 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 supporting documentation under N.D. Cent. Code § 47-16-07.5 if your disability or need isn’t obvious or readily apparent
  • 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)
  • Documentation if your disability or need for the animal is already apparent or known

When Can a North Dakota Landlord Deny Your ESA Request?

Housing providers can deny a North Dakota ESA request if:

  • The documentation is fraudulent or inadequate (not from a licensed provider in North Dakota with a therapeutic relationship)
  • Your disability isn’t obvious, and you refuse to provide proper documentation when legitimately requested under N.D. Cent. Code § 47-16-07.5
  • 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:

  • HUD (U.S. Department of Housing and Urban Development): (800) 669-9777
  • HUD online complaint portal
  • Filing deadline: 1 year for HUD

Where Can You Take Your ESA in North Dakota? (Rules, Risks & Limits)

Public Places (Stores, Restaurants, Hotels)

The reality: ESAs do NOT have public access rights under the ADA or North Dakota law, only service dogs do. Businesses in North Dakota may treat ESAs as regular pets.

North Dakota law is explicit: Only service dogs have public access rights under North Dakota Century Code Chapter 25-13 and federal ADA. Under N.D. Cent. Code § 25-13-04, denying or interfering with admittance to public places for service animals is a class A misdemeanor.

  • Stores and shops: Business owners have complete discretion to allow or deny ESAs
  • Restaurants and grocery stores: Only service animals are allowed; ESAs can be excluded
  • Hotels: May refuse ESAs unless they have pet-friendly policies

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
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State and local parks:

  • Many North Dakota parks are pet-friendly and may welcome ESAs under regular pet policies
  • Leash laws apply (varies by municipality)
  • Some parks have restricted areas or seasonal limitations
  • Always check specific park regulations

Public Transportation, Parks, and Facilities

Public transportation: ESAs are not permitted on North Dakota buses, trains, or other public transit. Some systems may allow them at their discretion under pet policies.

North Dakota ESA Rules for the Workplace

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 North Dakota?

Yes, you can request it, but your employer can legally deny it. Here’s what might help:

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 North Dakota

  • 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 North Dakota-licensed mental health professional
  • 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

North Dakota ESA Resources for Students

University and College Housing

College and university housing in North Dakota falls under the FHA, meaning ESAs are allowed as a reasonable accommodation for students, but access is limited to the student’s 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 Accessibility Resource Center (not housing first)
  • Provide ESA documentation from a qualified North Dakota-licensed provider
  • Follow the approval process and any requirements (vaccines, behavior standards, designated areas)
  • Be aware that processing can take significant time (up to 60 days at some schools)

North Dakota schools with documented ESA policies:

University of North Dakota (UND):

  • ESAs allowed in University housing through Student Disability Resources
  • Students must complete ESA Documentation Request Form before bringing animal to campus
  • Documentation from online verification services without ongoing therapeutic relationship likely will not be accepted
  • North Dakota has limitations on telehealth: diagnosis/treatment based solely on online questionnaire or phone conference may not be accepted
  • ESAs NOT permitted in classrooms or other public areas of campus
  • Must follow University requirements, including behavior standards and vaccination records
  • Contact: Student Disability Resources

North Dakota State University (NDSU):

  • ESAs permitted in campus housing through Center for Accessibility and Disability Resources (CADR)
  • Students must complete Residence Life Accommodations Application through Bison Accessibility Portal
  • Processing time: Up to 60 days after request and documentation submitted
  • Documentation from online services without ongoing therapeutic relationship likely will not be accepted
  • NO state or federal entity requires ESA registration (registration is not proof of eligibility)
  • ESAs are limited to residence halls only, not permitted in other campus buildings
  • Must establish relationship with mental health provider with personal knowledge through professional relationship
  • Contact: Center for Accessibility and Disability Resources (CADR)

ESA Resources for North Dakota Veterans

Veterans with emotional support animals in North Dakota receive the same housing protections as all other residents under the Fair Housing Act. There are no special ESA laws for veterans, but the same federal protections apply equally.

Key points for North Dakota veterans:

  • Veterans Affairs provides mental health services and can connect you with licensed mental health professionals who can evaluate your need for an ESA
  • VA-connected providers who are licensed in North Dakota can issue valid ESA letters
  • Veterans qualify for ESA housing accommodations just like any other resident with a disability
  • ESAs are NOT allowed on VA facility grounds (only trained service animals)

Organizations supporting North Dakota veterans:

  • North Dakota Department of Veterans Affairs: (701) 328-8028
  • Fargo VA Healthcare System provides mental health evaluations
  • Veterans Service Organizations throughout North Dakota can provide referrals to mental health services
Frequently Asked Questions
Can my landlord charge pet rent or a pet deposit for my ESA?

No. Under both the federal FHA and North Dakota 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 North Dakota 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 North Dakota?

Yes, but only under specific circumstances:

  • You don’t meet disability requirements
  • You refuse to provide valid documentation when legitimately requested under N.D. Cent. Code § 47-16-07.5
  • 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 North Dakota or get a special ID?

No. There is NO state or federal entity that requires an ESA to be registered. Registering an animal with any entity is not proof of your animal’s eligibility. The only required documentation is a legitimate ESA letter from a North Dakota-licensed mental health professional with whom you have a therapeutic relationship: no ID card, certificate, or vest.

Can I have more than one ESA in North Dakota?

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

Yes. Your provider must be licensed to practice in North Dakota and should include their North Dakota license details in your letter. Federal fair housing law allows documentation from a healthcare provider with whom you have a therapeutic relationship, but that person must be appropriately licensed in North Dakota.

Are ESAs allowed in restaurants and stores in North Dakota?

No. Only service animals have public access rights under North Dakota Century Code Chapter 25-13 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.

What happens if I misrepresent my pet as a service animal in North Dakota?

North Dakota law (N.D. Cent. Code § 25-13-02.2) makes it unlawful to knowingly make a false claim that a pet is a service animal.

Penalties for misrepresentation:

  • Infraction charge
  • 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
Can my landlord ask for documentation if my disability is obvious?

No. Under N.D. Cent. Code § 47-16-07.5, landlords cannot demand documentation if your disability-related need for the animal is apparent or already known to the landlord. However, if your disability or need is not obvious, landlords can request reliable supporting documentation.

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