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

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.

ESA vs. Service Dog in North Dakota (Quick Comparison)

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. 

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

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

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 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)