An ESA letter in North Dakota is a legal instrument that authenticates an individual’s need for an emotional support animal and grants the animal ESA status.
An emotional support animal (ESA) is any animal that helps an owner’s mental or emotional health. ESAs do not require training, as they benefit their owners through their presence.
Emotional support animals are protected by the Fair Housing Act (FHA) and are entitled to reasonable accommodation. The Americans with Disabilities Act (ADA) and Air Carrier Access Act (ACAA) are not part of the North Dakota emotional support animal laws. There are no specific North Dakota state animal regulations.
Only licensed mental health professionals (LMHPs) and healthcare providers are permitted to issue letters in the state. An ESA letter in North Dakota is valid for 12 months upon issuance.
Using an online ESA service is the simplest means of approval for an emotional support animal in North Dakota.
What are the Specific Emotional Support Animal Laws in North Dakota?
North Dakota emotional support animal laws combine federal Fair Housing Act protections with state-specific penalties for service animal misrepresentation and housing fraud. While ESAs receive strong housing protections, they have no rights in public places, on flights, or in most workplaces. North Dakota’s 2019 fraud law consist of a civil infraction rather than a criminal offense, meaning you’ll receive fines but no jail time.
ESA Housing Laws in North Dakota
Federal Protection: Fair Housing Act
North Dakota residents with emotional support animals are protected under the federal Fair Housing Act (FHA). This law requires landlords to provide reasonable accommodations for ESAs, even in properties with strict “no pets” policies.
North Dakota State Law: N.D. Cent. Code § 47-16-07.5
North Dakota reinforces federal protections with its own housing law enacted in 2017. This statute specifically addresses documentation requirements for service and assistance animals in rental housing.
Your Rights Under Federal and North Dakota Law:
If you have a legitimate ESA letter from a licensed mental health professional, your landlord must allow your emotional support animal to live with you. Landlords cannot charge pet fees, pet deposits, or monthly pet rent for ESAs. They cannot enforce breed restrictions, weight limits, or size requirements that normally apply to pets. Your ESA is considered a disability accommodation, not a pet under fair housing law.
You must be allowed full and equal access to all housing facilities, and you’re entitled to the same housing opportunities as tenants without animals, as long as your ESA doesn’t pose safety risks or cause substantial damage.
What Documentation You Need:
Under N.D. Cent. Code § 47-16-07.5, landlords can request reliable supporting documentation if you assert a disability requiring a service or assistance animal. However, they cannot request documentation if your disability or need for the animal is readily apparent or already known to them.
Your documentation must come from a physician or medical professional who does not operate in this state solely to provide certification for service or assistance animals. This language directly targets online ESA letter mills and out-of-state providers who only certify animals without proper evaluations.
The documentation must confirm two things: your disability AND the relationship between your disability and your need for the requested accommodation. The letter should be on professional letterhead and include the provider’s credentials and contact information.
North Dakota Does NOT Require a 30-Day Relationship:
Unlike states like California, Montana, and Louisiana, North Dakota has no minimum 30-day requirement for the provider-patient relationship. You can get an ESA letter after your first legitimate evaluation, as long as the provider has personal knowledge of your condition.
What Landlords in North Dakota CAN Do:
- Verify your healthcare provider’s credentials and legitimacy
- Deny your ESA if it poses a direct threat to others
- Deny your ESA if it causes substantial property damage
- Deny if accommodation creates undue financial or administrative burden
- Deny if your documentation is fraudulent or invalid
- Evict you and sue for damages under N.D. Cent. Code § 47-16-07.6 – If you knowingly provided false disability claims or fraudulent documentation to obtain ESA accommodation, landlords can evict you from your rental property AND collect civil damages up to $1,000. This is North Dakota’s strong anti-fraud provision enacted in 2017.
- Charge you for any damage your ESA causes
- Require documentation on professional letterhead
- Reject documentation from providers who only certify animals
What Landlords in North Dakota CANNOT Do:
- Cannot request your detailed medical records
- Cannot request your specific diagnosis
- Cannot charge pet fees, deposits, or monthly pet rent
- Cannot enforce breed restrictions on ESAs – Even if your landlord has a policy banning “aggressive breeds” like pit bulls, Rottweilers, German Shepherds, or Dobermans, they cannot apply these breed restrictions to legitimate ESAs. Breed bans don’t apply to assistance animals under fair housing law.
- Cannot enforce size or weight restrictions
- Cannot require ESA registration or certification
- Cannot require your ESA to wear vests, tags, or special identification
- Cannot deny housing solely because you need an ESA
- Cannot request documentation if your disability is readily apparent or already known
- Cannot treat ESA owners differently than other tenants
- Cannot deny based on other tenants’ allergies or fears
- Cannot retaliate against you for requesting an ESA
- Cannot deny based on “no pets” policies
- Cannot require impossible or unreasonable documentation – Landlords cannot demand that your ESA letter include information beyond what’s legally required (disability confirmation and nexus to ESA need). They cannot require that the letter be notarized, witnessed, or come from a specific type of provider beyond “licensed healthcare professional.”
Small Landlord Exemption:
Under the Fair Housing Act, small landlords may be exempt from ESA accommodation requirements. If the landlord owns fewer than 4 rental units and doesn’t use a broker or agent, they may not be required to follow Fair Housing Act protections.
Fair Housing Resources:
If you believe a landlord has discriminated against you, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) at (800) 669-9777 or online at HUD.gov. HUD investigates housing discrimination complaints and can take enforcement action against landlords who violate fair housing laws.
ESA Travel Laws in North Dakota
Air Travel: ESAs No Longer Recognized
As of January 2021, emotional support animals are no longer recognized for air travel under the Air Carrier Access Act. The Department of Transportation changed its rules, and airlines now treat ESAs as regular pets with all associated fees and restrictions.
If you’re flying from Hector International Airport in Fargo, Bismarck Municipal Airport, Grand Forks International Airport, or Minot International Airport, your ESA will need to fly as a pet. This means your animal must fit in a carrier under the seat in front of you (if small enough and the airline allows cabin pets) or fly in cargo. You’ll pay standard pet fees, which typically range from $95 to $200 each way, and your animal must meet the airline’s size and carrier requirements.
Psychiatric Service Dogs Are Different:
If you have a psychiatric service dog (PSD) rather than an ESA, your rights are different. PSDs are trained to perform specific tasks related to your psychiatric disability (like interrupting panic attacks, providing grounding during dissociative episodes, or alerting to oncoming anxiety attacks) and qualify as service animals under the Americans with Disabilities Act.
PSDs can fly in the cabin free of charge, but you’ll need to complete the airline’s service animal documentation, which typically must be submitted at least 48 hours before your flight.
Ground Transportation:
ESAs have no legal right to accompany you on buses, trains, or other public transportation in North Dakota unless the transit system has pet-friendly policies. Service animals are allowed, but ESAs are not service animals under the law and don’t have public access rights on transportation.
ESA Laws in Public Places in North Dakota
No Public Access Rights for ESAs
This is critical to understand: emotional support animals have ZERO public access rights in North Dakota. ESAs are not service animals, and they cannot accompany you into public places where pets aren’t normally allowed.
Under both North Dakota law (N.D. Cent. Code § 25-13) and the federal Americans with Disabilities Act, only service dogs have public access rights. Service animals under North Dakota law are dogs trained to do work or perform tasks for the benefit of an individual with a disability. The work or tasks must be directly related to the person’s disability.
ESAs provide emotional support and companionship but aren’t trained to perform specific disability-related tasks, so they don’t qualify as service animals under the law.
Where Your ESA Cannot Go:
Your ESA cannot accompany you to restaurants and cafes, grocery stores (like Cash Wise, Hornbacher’s, Super One Foods), shopping malls (West Acres Mall in Fargo, Kirkwood Mall in Bismarck, Columbia Mall in Grand Forks), hotels and resorts unless they’re pet-friendly, hospitals and medical facilities, government buildings, schools and universities (except in your dorm room with proper housing accommodation), movie theaters, sports venues (Fargodome, Ralph Engelstad Arena, Bismarck Event Center), Theodore Roosevelt National Park, state parks and recreational areas, or any other business or facility where pets aren’t normally allowed.
ESA Laws in the Workplace in North Dakota
No State-Specific ESA Workplace Laws
North Dakota has no state laws requiring employers to accommodate emotional support animals in the workplace. Workplace accommodations are governed by federal law, specifically the Americans with Disabilities Act (ADA) and the Rehabilitation Act for federal employers.
What This Means for You:
The ADA requires employers to provide reasonable accommodations for employees with disabilities, but this generally does NOT include allowing emotional support animals in the workplace. Employers have much more discretion to deny ESAs in work settings than landlords do in housing situations.
Employers can deny your request to bring your ESA to work without violating disability discrimination laws, even if you have a qualifying disability and a legitimate ESA letter for housing purposes.
Some employers may voluntarily allow ESAs as a workplace accommodation, especially in office environments or if you work remotely, but they’re not legally required to do so under current federal or North Dakota state law. It never hurts to have a conversation with your employer about potential accommodations, but understand they have the legal right to say no.
Fake Documentation and Misrepresentation Laws in North Dakota
North Dakota Has TWO Separate Fraud Laws
North Dakota enacted comprehensive fraud prevention laws covering both public misrepresentation and housing fraud. These laws took effect in 2017 (housing) and 2019 (public places).
Law #1: Service Animal Misrepresentation in Public Places
N.D. Cent. Code § 25-13-02.2 (Effective August 1, 2019)
What’s Illegal:
- Knowingly making a false claim that your pet is a service animal to gain admission to public places (restaurants, stores, businesses)
- Knowingly making a false claim that your pet is a service animal to obtain housing accommodation
- Verbally telling businesses “this is my service dog” when it’s actually your pet or ESA
- Using fake service dog vests, harnesses, collars, or ID cards to misrepresent your pet
- Presenting fake service animal certificates or registration cards to gain access
- Claiming your ESA is a service animal to avoid pet policies or fees
The Penalty:
- Civil infraction: Up to $1,000 fine
- NO jail time
- NO criminal record
- Financial penalty only—North Dakota takes a civil approach rather than criminal prosecution
Why This Is Unique:
- Most states treat service animal fraud as a criminal misdemeanor with potential jail time
- North Dakota is one of the few states using civil infractions instead
- Focus is on financial deterrence, not criminal punishment
Law #2: Housing Fraud (The Serious One)
N.D. Cent. Code § 47-16-07.6 (Enacted 2017)
What’s Illegal:
- Knowingly making a false claim of having a disability that requires a service or assistance animal for housing
- Knowingly providing fraudulent supporting documentation (fake ESA letters) to obtain housing accommodation
- Exaggerating or fabricating symptoms to get fake ESA documentation
- Using online ESA registry certificates or instant letters without proper evaluation
- Lying to landlords about needing an ESA when you don’t actually qualify
The Penalties (These Stack Up):
- Civil infraction penalties
- Eviction from your rental property
- Damages up to $1,000 payable to your landlord
- Permanent rental history damage
Real-World Consequences of Housing Fraud:
Scenario: You buy a fake ESA letter online for $79 to avoid your Fargo apartment’s $300 pet deposit. Six months later, your landlord discovers it’s fraudulent.
What Happens:
- Civil infraction fine (amount varies)
- Immediate eviction proceedings
- Landlord sues you for $1,000 in damages
- You now owe $1,000 PLUS any back pet fees
- Eviction goes on your rental record permanently
- Future landlords in North Dakota see the fraud eviction
- Nearly impossible to rent in North Dakota again
Total Cost: $1,000+ in damages, legal fees, moving costs, destroyed rental history—all to save $300
Is ESA Registration in North Dakota Required?
No, ESA registration in North Dakota is not required. The sole document necessary for an emotional support animal is an ESA prescription or ESA letter.
A mental health professional or clinician licensed in North Dakota is eligible to issue ESA letters valid in the state.
ESA registration and ESA certification are available but not legally mandated in the United States. Illegal ESA providers often advertise free emotional support animal registration in North Dakota and free ESA certification services.
Is Getting an ESA Letter Online Legal in North Dakota?
Yes, getting an ESA letter online is legal in North Dakota. The state allows residents to acquire an ESA letter in person or online.
An online ESA letter application is preferable over in-person visits. ESA applicants can complete the application from any internet-connected device.
Prospective ESA owners must be vigilant. Certain online ESA providers are illegitimate. Scam websites promise ESA letters at low prices or make unreasonable claims about their services.
Can you have Multiple Emotional Support Animals in North Dakota?
Yes, you can have multiple emotional support animals in North Dakota. The state does not limit the number of ESAs per owner.
North Dakota residents are allowed to have as many emotional support animals as their LMHP deems necessary. Each animal must have its own valid ESA letter and serve a specific purpose.
State and federal laws do not prohibit having multiple ESAs. Some landlords view additional ESAs as an undue burden, giving them the right to deny reasonable lodgings.
How to Get an ESA Letter in North Dakota?
Below indicative steps on how to obtain an ESA letter in North Dakota are discussed. If a person is already seeing a therapist, they can talk to them about requesting an ESA letter. Physicians and physician assistants can also issue an ESA letter.
- Understand the Purpose of an ESA Letter. Before starting the process, it is essential to understand that an ESA letter is legal documentation confirming the need for an Emotional Support Animal (ESA) to assist with emotional or psychological conditions.
- Consult a Licensed Mental Health Professional (LMHP). Only qualified professionals, such as licensed therapists, psychologists, or psychiatrists, are allowed to issue a valid North Dakota ESA letter. Ensure the professional is authorized to practice in the state.
- Schedule a Mental Health Assessment. The LMHP evaluates the individual’s treatment plan to determine if an ESA is necessary. This step is crucial to obtaining a legitimate ESA letter that meets North Dakota’s legal requirements.
- Receive the ESA Letter. Obtain the printable PDF version of the ESA letter via email immediately after approval or request a printed hard copy. Hard copies are mailed to home addresses within several business days.
- Know Your Legal ESA Rights. An ESA letter in North Dakota guarantees protection under federal law, including the Fair Housing Act (FHA).
- Renew the Letter Annually. Maintain ESA protection by renewing the ESA letter every 12 months. Use the online service’s telehealth platform to request a renewal from the comfort of your home.
Get an ESA letter through a legal online platform like CertaPet from the comfort of your home.
What are the Advantages of Getting an ESA Letter in North Dakota through CertaPet?
The advantages of getting an ESA letter in North Dakota through CertaPet are listed below.
- Hassle-Free Process: CertaPet facilitates the process of acquiring an ESA letter in three simple steps for maximum convenience.
- Legally Valid Documents: All ESA documents acquired via CertaPet are written and issued in accordance with state and federal laws, ensuring legal protection.
- Affordable Costs: CertaPet offers valid ESA documents at affordable prices for prospective ESA owners.
- Reasonable Turnaround: CertaPet’s LMHPs contact applicants within two business days and dispatch letters to approved candidates immediately.
- ESA Rights and Benefits: Get an ESA letter online through CertaPet and enjoy legal benefits such as living in properties with no-pet policies and exemption from pet fees.
Do ESA Letters in North Dakota need to be Renewed Annually?
Yes, ESA letters in North Dakota need to be renewed annually. ESA letters do not expire like other documents but are deemed ineffective after 12 months of use.
Landlords, airlines, and employers are legally entitled to demand up-to-date, valid ESA letters. ESA letters older than 12 months do not ensure legal protection for owners.
Renewing ESA letters is simple. Online ESA providers offer straightforward renewals through a telehealth platform. ESA owners are able to request renewals up to one month in advance.
How to Avoid Online North Dakota ESA Letters Scams?
The instructions on how to avoid online scams in ESA letters in North Dakota are given below.
- Verify the Online ESA Service. Research different online ESA services and read reviews from previous clients for transparency and reliability.
- Read the ESA Letter Carefully. A valid ESA letter is always written on the clinician’s official letterhead and features credentials and contact information. The letter states the need for an ESA but does not include the patient’s disability.
- Evaluate the ESA Letter’s Price. Maintaining a network of health professionals licensed in different states is expensive and adds to the end price of ESA letters. Fraudulent ESA providers typically offer letters for extremely low prices.
- Understand the Approval Process. ESA approval requires consulting a healthcare professional. Sites offering ESA letters without consults are illegitimate.
- Set Reasonable Expectations. Obtaining an ESA letter takes several days, and each letter is valid for 12 months. Online providers offering instantaneous or lifetime ESA letters are scams.
- Avoid Providers that Offer Gifts. Fake ESA websites offer free services and gifts, such as emotional support animal certification, ESA registration, and identifiers (ID tags or vests).
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