Can my landlord deny my ESA in South Carolina?

Yes, but only in specific situations. A landlord, HOA, or condo association can legally deny if: You refuse to provide reasonable documentation when it’s requested The animal poses a direct threat to health or safety that can’t be reduced by reasonable steps Allowing the animal would cause significant property damage or an undue financial/administrative burden

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

No. Housing providers cannot charge extra rent, pet fees, or pet deposits for assistance animals, including ESAs, when they are needed for a disability.

Are there breed or weight limits for ESAs in South Carolina housing?

No, ESAs in SC are exempt from breed and size restrictions.

Do I have to register my ESA with the state or get a special ID?

No. South Carolina does not have a state ESA registry. There is no official ESA ID card or state registration requirement. Vests, tags, and certificates are optional gear, not legal proof. In fact, the misrepresentation statute specifically warns that such items are often used by people trying to cheat the system.

Can I have more than one ESA in South Carolina?

Yes, in some cases. HUD guidance recognizes that some people may need more than one assistance animal. However, your clinician’s documentation should explain the disability-related need for each animal. The more animals you request, the more important it is that your documentation is thoughtful and specific.

Do ESA letters expire in South Carolina?

Yes, ESA letters are valid for one year from the moment they’re issued and it’s very important to maintain them current and up to date by assessing your disability with a certified clinician.

Are ESAs allowed in South Carolina workplaces?

Not automatically. The ADA and South Carolina Human Affairs Law require employers to allow service dogs, but they do not guarantee ESA access at work. This can be negotiated directly with an employer if an individual is in possession of a valid South Carolina ESA letter.

What animals can be ESAs in South Carolina?

Most commonly, ESAs are: Dogs Cats Sometimes small household animals like rabbits or birds Unusual or exotic animals (large reptiles, farm animals, etc.) are harder to justify and more likely to be denied, especially if there are safety, allergy, or building-rule concerns.

South Carolina ESA Letter: How to Get It and ESA Laws in SC

An ESA letter in South Carolina is a legal document confirming a person’s need for an emotional support animal (ESA).

A licensed professional must write the letter and suggest an ESA as a treatment form for qualifying mental health or emotional conditions.

The Fair Housing Act (FHA) protects emotional support animals on a federal level. However, the Air Carrier Access Act (ACAA) does not cover ESAs, and South Carolina ESA laws do not give them public access or workplace rights. South Carolina does not have state-specific ESA laws.
ESAs do not need special training, nor official registration or certification. The ESA letter is the only document necessary to obtain an emotional support animal in South Carolina.

Is ESA Registration in South Carolina Required?

No, ESA registration in South Carolina is not required. The need for ESA registration or ESA certification is a popular misconception.

Official ESA registries and certificates do not exist and are not legally valid. Companies and websites offering free emotional support animal registration South Carolina or free certification are likely to be scams.

The only required and legally valid document is the ESA letter. ESA letters, written by licensed mental health professionals, are credible in all states.

What are the Specific Emotional Support Animal Laws in South Carolina?

South Carolina enacted service animal misrepresentation legislation in 2019 under S.C. Code § 47-3-980 (2019 Act No. 44, S.281, effective May 16, 2019). This law makes it unlawful to intentionally misrepresent an animal as a service animal or service animal-in-training. Violation is a misdemeanor with escalating civil fines: first offense up to $250, second offense up to $500, and third or subsequent offenses up to $1,000. South Carolina does NOT include jail time for service animal misrepresentation, only fines. The law does NOT have specific ESA misrepresentation penalties in housing. For ESA housing rights, South Carolina follows the federal Fair Housing Act with limited state-specific provisions added in 2019. South Carolina does not require ESA registration or specific therapeutic relationship timeframes. The 2019 legislation also enacted S.C. Code § 47-3-990, which explicitly allows places of public accommodation to establish rules excluding nonservice animals, like emotional support animals.

South Carolina ESA Housing Laws

South Carolina emotional support animal housing protections come primarily from the federal Fair Housing Act, supplemented by S.C. Code § 31-21-70(N) (added by 2019 Act No. 44, effective May 16, 2019), which provides specific guidance for landlords requesting ESA documentation.

Your Rights as a Tenant with an ESA in South Carolina:

Under the Fair Housing Act and South Carolina law, if you have a disability and need an emotional support animal, you can request a reasonable accommodation from your landlord. This means:

Landlords must allow your ESA even in buildings with no-pet policies
You cannot be charged pet fees, pet deposits, or monthly pet rent
Breed, size, and weight restrictions don’t apply to ESAs
Your landlord cannot discriminate against you because of your ESA

What Is an Emotional Support Animal in South Carolina?

Under South Carolina law (S.C. Code § 47-3-920, amended 2019), an “emotional support animal” is defined as “an animal intended to provide companionship and reassurance.”

The statute explicitly states: “Under the law, the provision of emotional support, well-being, comfort, or companionship does not constitute the work or tasks of a service animal.”

Common conditions that may benefit from an ESA include:

Anxiety disorders
Depression
Post-Traumatic Stress Disorder (PTSD)
Bipolar disorder
Obsessive-Compulsive Disorder (OCD)
Phobias
ADHD
Autism spectrum disorders
Age-related cognitive decline
Panic attacks

Who Can Write Your ESA Letter in South Carolina?

Your ESA letter must come from a licensed healthcare professional. While South Carolina law doesn’t specify state licensure requirements in the statute, the Fair Housing Act requires documentation from a qualified professional.

Qualified professionals typically include:

Psychiatrist
Psychologist
Licensed Clinical Social Worker (LCSW)
Licensed Professional Counselor (LPC)
Physician
Physician Assistant
Nurse Practitioner
Licensed Marriage and Family Therapist (LMFT)
Other licensed mental health professionals

What Your Landlord Can (and Can’t) Do:

Your landlord CAN:

Ask the two specific questions outlined in S.C. Code § 31-21-70(N)
Request documentation verifying your responses to those questions
Verify the legitimacy of your documentation
Deny your ESA if it poses a direct threat to others’ health or safety
Deny your ESA if it would cause substantial property damage
Hold you financially responsible for any damage your ESA causes
Deny your ESA if accommodating it would impose an undue financial or administrative burden

Your landlord CANNOT:

Ask for your detailed medical records or diagnosis
Require ESA registration or certification
Charge you pet fees, deposits, or rent for your ESA
Enforce breed, size, or weight restrictions on your ESA
Require your healthcare provider to fill out specific forms
Deny housing based solely on your need for an ESA (when you have proper documentation)

When Can Your Landlord Legally Deny Your ESA?

A landlord can refuse your ESA in these situations:

Your ESA poses a direct threat to others’ health or safety
Your ESA would cause substantial physical damage to the property
Accommodating your ESA would create an undue financial or administrative burden
The accommodation would fundamentally alter the essential nature of the housing provider’s services
You don’t provide adequate documentation from a qualified professional
Your documentation appears fraudulent or suspicious
The landlord qualifies for FHA exemptions (owner-occupied buildings with 4 or fewer units, single-family homes sold/rented by owner without broker/agent, private clubs, religious organizations)

Your Responsibilities as an ESA Owner:

Obtain proper documentation from a licensed healthcare professional
Keep your ESA well-behaved and under control
Ensure your ESA is housebroken
Clean up after your ESA
You’re liable for any property damage your ESA causes
You remain responsible for disruptive or dangerous behavior by your ESA

Where to File a Complaint:

If your landlord unlawfully denies your ESA request, contact:

U.S. Department of Housing and Urban Development (HUD) – (800) 669-9777
South Carolina Human Affairs Commission (coordinates with federal agencies under S.C. Code § 31-21-150)
You have one year from the most recent date of discrimination to file a housing discrimination complaint
You have two years from the most recent date of discrimination to file a housing discrimination lawsuit in court

South Carolina ESA Employment Laws

South Carolina does not require employers to allow emotional support animals in the workplace. Only service dogs trained to perform specific disability-related tasks receive workplace protections under the Americans with Disabilities Act.

However, employees may request reasonable accommodations under the ADA, and some South Carolina employers voluntarily allow ESAs on a case-by-case basis.

South Carolina ESA Laws for Public Places

Emotional support animals have no public access rights in South Carolina. SC law explicitly authorizes businesses to exclude ESAs from their premises.

ESAs Are NOT Allowed In:

Hotels (unless they’re pet-friendly)
Restaurants and food establishments
Retail stores and shopping malls
Public transportation (except as regular pets under pet policies)
Government buildings
Healthcare facilities
Schools and universities (except in housing)
Theaters and concert halls
Sports facilities
Airports (except in designated pet areas)
Any place of public accommodation

South Carolina ESA Travel Laws

Since January 11, 2021, airlines no longer recognize ESAs as service animals for air travel under Department of Transportation regulations.

South Carolina residents traveling through airports like Charleston International Airport (CHS), Greenville-Spartanburg International Airport (GSP), Columbia Metropolitan Airport (CAE), or other South Carolina airports must follow individual airline pet policies. Your ESA will be treated as a regular pet, meaning:

You’ll pay pet fees (typically $95-$125 each way)
Your ESA must fit in an airline-approved carrier under the seat
Size and breed restrictions apply
You must follow all standard pet travel rules
Not all airlines accept pets in cabin

Only psychiatric service dogs trained to perform specific disability-related tasks retain cabin access protections under the Air Carrier Access Act.

Faking an ESA or Service Animal in South Carolina: Penalties and Consequences

South Carolina Law on Service Animal Fraud

In 2019, South Carolina passed a law (S.C. Code § 47-3-980) making it illegal to fake a service animal. Important: This law covers service animals only—not ESAs in housing situations.

What’s Illegal:

You cannot intentionally misrepresent your pet as a service animal to get into places where pets aren’t normally allowed. This includes:

Verbally claiming your pet is a service animal when it’s not
Putting a service animal vest, collar, or harness on a regular pet
Using fake certificates or documentation
Any other way of falsely presenting your pet as a service animal

The Penalties:

South Carolina has fines only—no jail time:

First offense: Up to $250
Second offense: Up to $500
Third or subsequent offense: Up to $1,000

If You Fake an ESA in Housing:

Eviction for providing fake documentation
Lawsuit from your landlord
Difficulty renting in the future
Financial liability for damages

If You Fake a Service Animal in Public:

Removed from businesses
Trespassing charges if you refuse to leave
Banned from establishments
Criminal record
Civil lawsuits if your untrained animal hurts someone

South Carolina’s Public Accommodation Rule:

South Carolina law (S.C. Code § 47-3-990) explicitly allows businesses to ban ESAs from their premises. Only trained service animals have public access rights.

The Bottom Line:

Don’t fake it. South Carolina takes service animal fraud seriously, with fines up to $1,000 for repeat offenses. For housing, you need a legitimate ESA letter from a licensed healthcare professional. For public access, only real service animals trained to perform disability-related tasks are protected by law.rious consequences through eviction, fraud charges, criminal record, and civil liability. The state explicitly addressed the problem of people buying fake vests and certificates in the 2019 legislation. For ESAs specifically, South Carolina has no state misrepresentation law in housing contexts, but you can still be prosecuted if you try to pass your ESA off as a service animal in public places. Don’t fake a service animal or ESA in South Carolina—get legitimate documentation from a licensed healthcare professional.

Is Getting an ESA Letter Online Legal in South Carolina?

Yes, getting an ESA letter online is legal in South Carolina. ESA letters are lawful as long as licensed mental health professionals, or other authorized health care providers in the state write them.

ESA candidates have the option of choosing between in-person or online LMHP consultations. The online method is faster and more convenient. Online ESA services schedule phone or video consults with telehealth platforms.

Always ensure the online ESA service is legit. Scam websites offer fake ESA letters. Intentional ESA misrepresentation in South Carolina is subject to fines and penalties.

Can you have Multiple Emotional Support Animals in South Carolina?

Yes, you can have multiple emotional support animals in South Carolina. The state does not restrict the number of ESAs per owner.

Residents in South Carolina are permitted to have as many ESAs as an LMHP sees necessary. Mental health professionals sometimes recommend more than one ESA to people with different mental or emotional disabilities.

South Carolina landlords are obliged to provide reasonable accommodation to ESAs, but having several ESAs is likely to be unreasonable for some. Too many emotional support animals are an undue financial burden, allowing landlords to deny housing to people with multiple ESAs.

How to Get an ESA Letter in South Carolina?

The indicative steps on how to get an ESA Letter in South Carolina are listed below.

Consult a Licensed Professional. If an individual is already being treated by a licensed mental health professional, or other health care provider, they should consult with them about the possibility of adding an ESA as part of their treatment plan. If a person is not seeing a licensed professional, they can look for one. Search for a mental health practitioner, or other authorized healthcare provider (physician, physician assistant) licensed in South Carolina. As a reminder, these professionals are the only individuals allowed to write an ESA Letter in South Carolina. They can assess a patient’s mental health status and determine whether the applicant qualifies for an ESA.
Request an ESA letter. Approval for an ESA letter depends on the licensed professional’s assessment of a patient’s mental health status and whether an ESA is the right fit for the person’s treatment plan. Personal pets are allowed to become ESAs when recognized as a part of an individual’s therapeutic plan.
Receive the ESA Letter. Once approved, receive the ESA letter in a hard copy or a printable PDF version. The hard copy is available upon request and delivered within a few days, while the electronic version is immediately accessible.

You can obtain a SC ESA letter online via legal and compliant platforms such as CertaPet.

What are the Advantages of Getting an ESA Letter in South Carolina through CertaPet?

The advantages of getting an ESA letter in South Carolina through CertaPet are listed below.

Stress-Free Process: CertaPet offers a smooth experience for applicants requesting ESA approval. The procedure is simple and entails three straightforward steps.
Fast Turnaround Time: CertaPet’s LMHPs contact the applicant within two business days to schedule appointments and issue letters to approved candidates immediately.
Legitimate Documents: ESA letters obtained through CertaPet are legally valid since they are written by LMHPs and in accordance with state and federal laws.
Peace of Mind: Get an ESA letter online through CertaPet and enjoy the benefits. Rest assured, the ESA letter is valid, and the ESA’s rights are legally protected.

Do ESA Letters in South Carolina need to be Renewed Annually?

Yes, ESA letters in South Carolina need to be renewed annually. ESA letter renewal is important for updating a person’s medical record and protecting the ESA’s rights.

Valid and updated ESA letters are required for ESAs to maintain housing and travel benefits. Landlords and travel providers are allowed to deny emotional support animals with expired ESA letters.

The ESA letter renewal can be fast and straightforward. Contact the LMHP who wrote the letter (in person or via the online service) or schedule an appointment with a new clinician.

ESA letters in South Carolina are valid for 12 months. Residents have the right to apply for ESA letter renewal one month before the expiration date.

How to Avoid Online Scams in ESA Letters in South Carolina?

The instructions on how to avoid online scams in ESA letters in South Carolina are given below.

Read about the ESA Service. Check various online services offering ESA letters to find a reliable option. Reading reviews gives a first-hand insight into the service’s reputation.
Compare ESA Letter Prices. Consider the price of the ESA letter. Legit ESA services have a network of LMHPs, which has a cost. Cheap ESA letters are likely to be fake.
Check the ESA Letter Information. A legit ESA letter must be written on the LMHP’s letterhead and contain the practitioner’s info, like name, contact, and credentials.
Confirm the LMHP’s Credentials. Use the contact information provided and call the mental health professional to ensure the South Carolina license is valid.
Have Logical Expectations. ESA letters are valid for one year and protect emotional support animals under the FHA. Websites claiming otherwise are scams.
Stay away from Registration. Free emotional support animal certification or registration is not legally required or is not a valid step and is often offered by scam ESA businesses.

Ivana Crnec, DVM Veterinarian

Ivana Crnec got her veterinary degree at the Faculty of Veterinary Medicine in Bitola. She then continued her education at the Faculty of Veterinary Medicine in Zagreb, Croatia, where she specialized in domestic carnivores.

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