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ESA Letter South Dakota

South Dakota 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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South Dakota residents who depend on emotional support animals (ESAs) benefit from federal housing protections under the Fair Housing Act. While South Dakota doesn’t have extensive state-specific ESA laws, the state enacted important legislation in 2018 that addresses housing documentation requirements and penalties for fraudulent claims. Under South Dakota Codified Laws § 43-32-36, providing false claims about disability or fraudulent documentation to obtain an ESA accommodation can result in eviction and damages.

Warning: South Dakota Law Addresses Fraudulent ESA Documentation. Under S.D. Codified Laws § 43-32-36 (enacted 2018), tenants who make false claims about having a disability requiring a service animal or provide fraudulent supporting documentation can face eviction through standard landlord-tenant procedures and may be liable for damages. Landlords can require reliable supporting documentation unless the disability or need is readily apparent (§ 43-32-34). Always obtain legitimate documentation from a South Dakota-licensed mental health professional with an established therapeutic relationship.

Key Takeaways for South Dakota ESA Owners

  • Emotional support animals in South Dakota receive housing protections through the Fair Housing Act
  • 2018 legislation: South Dakota enacted specific laws addressing ESA documentation and fraud (S.D. Codified Laws § 43-32-33 through § 43-32-36)
  • Landlords can require documentation if disability or need isn’t readily apparent (§ 43-32-34)
  • Eviction and damages for fraudulent documentation under § 43-32-36
  • No pet fees or deposits for properly documented South Dakota ESAs in housing
  • Breed and size restrictions don’t apply to ESAs with proper documentation
  • No public access rights for ESAs in restaurants, stores, or hotels
  • Airlines have treated ESAs as regular pets since 2021
  • Workplace access not guaranteed; employers have discretion

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What is a South Dakota Emotional Support Animal?

An emotional support animal in South Dakota is a companion animal that helps individuals manage symptoms of their mental health or emotional disability through their presence.

ESA vs. Service Dog in South 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 SDHousing (FHA + SD housing laws)Housing, public access (ADA + SD law)
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
DocumentationESA letter requiredNot required, but recommended

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

Step 1: Work With a South Dakota-Licensed Mental Health Professional

Your ESA letter must come from a licensed healthcare provider authorized to practice in South Dakota. Following South Dakota’s 2018 legislation, landlords can require reliable supporting documentation unless your disability or need is readily apparent.

Licensed professionals who can issue valid South Dakota ESA letters include:

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

The “therapeutic relationship” requirement: Your provider must have personal knowledge of you through a professional relationship involving the provision of health care or disability-related services. Documentation from online services without an established therapeutic relationship may not be sufficient.

Telehealth consultations are acceptable if they involve genuine clinical evaluation with an established therapeutic relationship.

Step 2: Complete a Clinical Evaluation

Your mental health professional must:

  • Evaluate your mental or emotional disability
  • Establish documented knowledge through a professional therapeutic relationship
  • Determine that an ESA is necessary to alleviate your disability-related symptoms
  • Confirm that the ESA provides therapeutic emotional support

Step 3: Get a Compliant South Dakota ESA Letter

A legitimate South Dakota ESA letter should include:

  • Provider’s full name, license type, license number, and South Dakota licensure
  • Written on professional letterhead
  • Statement confirming you have a mental or emotional disability that substantially limits one or more major life activities
  • Explanation that the animal provides therapeutic emotional support alleviating at least one symptom or effect of your disability
  • Confirmation of established therapeutic relationship through professional healthcare or disability services
  • Type of animal requested
  • Statement that the ESA is necessary (not merely as a pet)
  • Signature and date

Important: ESA Letter Validity and Renewal

ESA letters remain valid for 12 months from issuance. To maintain your ESA housing privileges in South Dakota, renew your letter annually before expiration. Landlords can request current, valid documentation, and expired letters won’t be accepted. Schedule follow-up evaluations with your South Dakota-licensed mental health professional before your letter expires to maintain uninterrupted housing protections.

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

South Dakota’s 2018 legislation specifically addresses fraudulent ESA documentation. Under S.D. Codified Laws § 43-32-36:

Consequences for fraudulent documentation:

  • Eviction through standard landlord-tenant procedures
  • Liability for damages to the landlord
  • Loss of housing rights
  • Permanent record affecting future housing applications

Red flags to watch out for:

  • Services that don’t establish professional healthcare relationshipsSites promising instant letters without establishing therapeutic relationship
  • Providers who never ask about your mental health history or professional treatment
  • “Official” ESA registries or certification databases (these don’t exist)
  • Pre-printed certificates or ID cards sold as proof of ESA status
  • Any site suggesting you “just claim” disability without proper evaluation
  • Extremely cheap letters ($25-50) with no real therapeutic relationship

CertaPet connects you with licensed clinicians in South Dakota who establish therapeutic relationships and conduct compliant assessments.

Understanding Your South Dakota ESA Housing Rights

South Dakota ESAs are protected in housing by:

  • Federal Fair Housing Act (FHA) and HUD’s assistance animal guidance
  • South Dakota Codified Laws § 43-32-33 through § 43-32-36 (enacted 2018)
  • South Dakota Division of Human Rights enforcement

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

Landlords MUST:

  • Make reasonable accommodations for tenants with legitimate South Dakota ESA documentation
  • Waive “no pets” policies for ESAs
  • Allow ESAs without charging pet rent, pet fees, or pet deposits
  • Consider ESA requests individually

What landlords CANNOT ask for if disability/need is readily apparent:

  • Any supporting documentation
  • Medical records
  • Training certification
  • Registration documents

When Can a South Dakota Landlord Deny Your ESA Request?

Housing providers can deny a South Dakota ESA request if:

  • The documentation is fraudulent or from an unlicensed provider without established therapeutic relationship
  • Your disability isn’t readily apparent, and you refuse to provide proper documentation when legitimately requested
  • The animal poses a direct threat to health or safety that cannot be mitigated
  • The animal would cause substantial property damage
  • Allowing the animal would impose undue financial or administrative burden
  • Small landlord exemption applies (owner-occupied, four or fewer units)

If you believe you’ve been wrongly denied, you can file a complaint with:

  • South Dakota Division of Human Rights: (605) 773-4493
  • HUD (U.S. Department of Housing and Urban Development): (800) 669-9777
  • Filing deadline: 1 year for HUD

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

Air Travel

Following revisions to the Air Carrier Access Act (January 2021):

  • Most major carriers treat ESAs as regular pets
  • ESAs subject to pet fees (typically $95-$125 each way)
  • Must travel in airline-approved carriers under the seat
  • Always contact your airline in advance
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Public Places

ESAs do NOT have public access rights under the ADA or South Dakota law. Only service dogs trained to perform specific tasks have public access rights in South Dakota.

  • Hotels: May refuse ESAs unless they have pet-friendly policies
  • Restaurants and stores: Only service animals allowed; ESAs can be excluded
  • Shops: Business owners have complete discretion

Public Transportation and Parks

  • Public transit: ESAs not permitted; service animals only
  • State and local parks: Many South Dakota parks are pet-friendly and may welcome ESAs under regular pet policies
  • Always check specific park regulations

South Dakota ESA Rules for the Workplace

ESAs do not have automatic workplace access rights in South Dakota. The ADA only explicitly protects service animals in the workplace, not ESAs. Employers have significant discretion in deciding whether to allow ESAs.

You can request an ESA at work, but your employer can legally deny it. Whether granted depends on factors like the animal’s behavior, workplace operations, safety concerns, and whether other reasonable accommodations exist.

South Dakota ESA Resources for Students

University and College Housing

College and university housing in South 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.

South Dakota schools with documented ESA policies:

South Dakota State University (SDSU):

  • ESAs (called “Non-Service Animals”) permitted in campus housing through Office of Disability Services (ODS)
  • Students must complete housing application first, then contact ODS and Residential Life
  • Must fill out Non-Service Animal Release of Information Form
  • Documentation from current treating healthcare provider required
  • Documentation from online verification services or providers without ongoing therapeutic relationship not sufficient
  • Deadlines: May 1 for Fall housing, Nov. 1 for Spring housing
  • If request made less than 60 days before move-in, SDSU cannot guarantee accommodation needs will be met first semester
  • Unapproved animals must be removed immediately
  • ESAs NOT permitted in other campus buildings
  • Contact: Office of Disability Services (ODS) – Nancy Hartenhoff-Crooks, (605) 688-4504

University of South Dakota (USD):

  • ESAs permitted in campus housing through Office of Accessibility
  • Students must register with Office of Accessibility before requesting approval from University Housing
  • Must complete ESA forms (Steps 1, 2, and 3)
  • Treatment provider must complete verification form
  • No-pet policy enforced in all University buildings except for approved accommodations
  • ESAs limited to on-campus housing only
  • Contact: Office of Accessibility

ESA Resources for South Dakota Veterans

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

Key points for South 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 licensed in South 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 South Dakota veterans:

  • South Dakota Department of Veterans Affairs: (605) 773-3269
  • VA Black Hills Health Care System (Fort Meade) provides mental health evaluations
  • Veterans Service Organizations throughout South Dakota can provide referrals

Ready to Get Your South Dakota ESA Letter?

Work with a legitimate service that connects you with South Dakota-licensed mental health professionals who establish therapeutic relationships, conduct real evaluations, and provide valid documentation that complies with South Dakota’s 2018 law and federal requirements.

Frequently Asked Questions
Can my landlord require documentation for my ESA in South Dakota?

It depends. Under S.D. Codified Laws § 43-32-34, landlords can require reliable supporting documentation if your disability or disability-related need for the ESA isn’t readily apparent or already known. If your disability is obvious, landlords cannot require documentation.

Can my landlord charge pet rent or a pet deposit for my ESA?

No. Under both the federal FHA and South 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.

What happens if I provide fraudulent ESA documentation in South Dakota?

Under S.D. Codified Laws § 43-32-36 (enacted 2018), providing false claims about having a disability requiring an ESA or providing fraudulent supporting documentation can result in:

  • Eviction through standard landlord-tenant procedures
  • Liability for damages to the landlord
  • Permanent record affecting future housing
Are there breed or weight limits for ESAs in South Dakota housing?

No. Breed and weight limits that apply to pets generally don’t apply to ESAs. Decisions must be individualized to the specific animal, not based on stereotypes.

Do I have to register my ESA in South Dakota?

No. There is no official South Dakota ESA registry, and federal law doesn’t require registration. The only required documentation is a legitimate ESA letter from a South Dakota-licensed mental health professional with an established therapeutic relationship.

Can I have more than one ESA in South Dakota?

Yes, if multiple animals are necessary for your disability-related needs. You’ll need documentation from a licensed South Dakota provider explaining the need for each animal. Landlords can consider whether multiple ESAs would create undue burden or pose safety concerns.

Does my ESA need special training in South Dakota?

No specific task training is required. However, your ESA must:

  • Be under your control
  • Be housebroken
  • Not be aggressive or pose a safety threat
  • Not cause ongoing disturbances
Does my clinician need to be licensed in South Dakota?

Yes. Your provider must be licensed to practice in South Dakota. Documentation must come from a healthcare provider with personal knowledge of you through a professional relationship involving the provision of healthcare or disability-related services.

Are ESAs allowed in South Dakota restaurants and stores?

No. Only service animals have public access rights under the ADA and South Dakota law. ESAs can be excluded from restaurants, stores, and most public places. However, some businesses may be pet-friendly by choice.

Can I bring my ESA to work in South Dakota?

Not automatically. Employers aren’t required to allow ESAs under the ADA or South Dakota law, though you can request an accommodation. Whether granted depends on factors like workplace operations and available alternatives.

What does South Dakota's 2018 ESA law do?

South Dakota enacted legislation in 2018 (S.D. Codified Laws § 43-32-33 through § 43-32-36) that:

  • Defines “service animal” broadly to include ESAs for housing purposes (§ 43-32-33)
  • Allows landlords to require documentation if disability/need isn’t readily apparent (§ 43-32-34)
  • Establishes documentation requirements (§ 43-32-35)
  • Permits eviction and damages for false claims or fraudulent documentation (§ 43-32-36)

Disclaimer: This guide provides general information about South Dakota emotional support animal laws and is not legal advice. ESA regulations, state statutes, and housing policies change regularly. For specific questions about your situation, consult a South Dakota-licensed attorney specializing in disability rights or fair housing law. Always verify current university policies directly with campus disability services offices before making housing decisions.

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