Question 1

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

Accepted Answer

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.

Question 2

Are there breed or weight limits for ESAs in New Hampshire housing?

Accepted Answer

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.

Question 3

Can my landlord deny my ESA in New Hampshire?

Accepted Answer

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)

Question 4

Do I have to register my ESA in New Hampshire or get a special ID?

Accepted Answer

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.

Question 5

Does my ESA need special training in New Hampshire?

Accepted Answer

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

Question 6

Can I have more than one ESA in New Hampshire?

Accepted Answer

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.

Question 7

Does my clinician need to be licensed in New Hampshire?

Accepted Answer

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.

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

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.

Maine ESA Letter: How to Get It and ESA Laws in Maine

Louisiana ESA Letter: How to Get It and ESA Laws in Louisiana

Kentucky ESA Letter: How to Get It and ESA Laws in Kentucky

Iowa ESA Letter: How to Get It and ESA Laws in Iowa

Rhode Island ESA Letter: Rhode Island ESA Laws

Can Huskies Be Service Dogs?

Essential Gear for Service Dogs: What You Need to Know

Southwest Airlines Pet Policy

United Airlines Pet Policy

What is American Airlines Pet Policy

Alaska Airlines Pet Policy

Blog