An ESA letter in Utah is an official document, which qualifies an animal as an emotional support animal part of a person’s therapeutic treatment plan. An ESA is any animal offering comfort and support to a person with a mental or emotional disability. ESAs are considered assistance but not service animals and enjoy benefits that do not apply to ordinary pets. The Fair Housing Act (FHA) ensures ESAs are reasonably accommodated in rentals despite pet policies.
A Utah emotional support animal does not need special training. The state does not limit the type or number of animals acting as ESAs. A Utah ESA letter is the only document necessary to officialize an animal’s status. A licensed mental health professional writes and signs the ESA letter in Utah. Registration and certification are not required for ESAs according to emotional support animal laws Utah.
What are the Specific Emotional Support Animal Laws in Utah?
Utah emotional support animal laws are based on federal Fair Housing Act protections combined with state-specific criminal penalties for service animal misrepresentation. While ESAs receive strong housing protections, they have no rights in public places, on flights, or in most workplaces. Utah’s 2007 fraud law is notably strict, with penalties including potential jail time.
ESA Housing Laws in Utah
Federal Protection: Fair Housing Act
Utah 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.
Utah State Law: Utah Code § 26B-6-803
Utah reinforces federal protections with state fair housing law under Utah Code § 26B-6-803. This statute prohibits discrimination against people with disabilities in housing, including those who require service animals or emotional support animals.
Your Rights Under Federal and Utah Law:
If you have a legitimate ESA letter from a Utah-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.
What Documentation You Need:
Your ESA documentation must come from a licensed mental health professional (psychiatrist, psychologist, licensed clinical social worker, licensed professional counselor, or other LMHP). While the provider doesn’t necessarily have to be licensed in Utah for federal Fair Housing Act purposes, Utah’s criminal fraud law (discussed below) makes it risky to use out-of-state providers who may not meet legitimate standards.
Your documentation must confirm both your disability and the relationship between your disability and your need for the animal. The letter should be on professional letterhead and include the provider’s license information, contact details, and signature.
What Landlords in South Dakota CAN Do:
- Request documentation if your disability isn’t obvious
- Verify your healthcare provider’s credentials
- Deny your ESA if it poses a direct threat
- Deny your ESA if it causes substantial property damage
- Deny if accommodation creates undue financial or administrative burden
- Deny if your documentation is fraudulent
- Evict you and sue for damages under SDCL § 43-32-36 – If you knowingly made false disability claims or provided fraudulent documentation to obtain an ESA accommodation, landlords can evict you from your rental property AND collect civil damages up to $1,000. This is unique to South Dakota’s strong anti-fraud law enacted in 2018.
- Require ESA letter on professional letterhead
- Deny online registry certificates and “instant” ESA letters
What Landlords in South 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
- Cannot enforce size or weight restrictions
- Cannot require ESA registration or certification
- Cannot require your ESA to wear vests or ID tags
- Cannot deny housing solely because you need an ESA
- Cannot treat ESAs differently than tenants without animals
- Cannot deny based on allergies of other tenants
- Cannot retaliate against you for requesting an ESA
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. This means they can potentially deny your ESA request without violating federal law.
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). You can also contact the Disability Law Center of Utah at (800) 662-9080 for assistance with housing discrimination issues. Additionally, Utah’s Fair Housing Program can help people with disabilities facing housing discrimination.
ESA Travel Laws in Utah
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. Airlines changed their policies following Department of Transportation updates, and ESAs are now treated as regular pets with all associated fees and restrictions.
If you’re flying from Salt Lake City International Airport, Provo Municipal Airport, Ogden-Hinckley Airport, or St. George Regional Airport, your ESA will need to fly as a pet in the cabin (if small enough and the airline allows it) or 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 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 includes forms submitted 48 hours before travel.
Ground Transportation:
ESAs have no legal right to accompany you on buses, trains, or other public transportation in Utah unless the transit system has pet-friendly policies. Service animals are allowed on Utah Transit Authority (UTA) buses, TRAX light rail, and FrontRunner commuter rail, but ESAs are not service animals under the law and don’t have these access rights.
ESA Laws in Public Places in Utah
No Public Access Rights for ESAs
This is critical to understand: emotional support animals have ZERO public access rights in Utah. ESAs are not service dogs, and they cannot accompany you into public places where pets aren’t normally allowed.
Under both Utah law (Utah Code § 26B-6-802) and the federal Americans with Disabilities Act, only service animals have public access rights. Service animals under Utah law are dogs (or in some limited cases, miniature horses) individually trained to perform tasks or work directly related to a 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.
Where Your ESA Cannot Go:
Your ESA cannot accompany you to restaurants and cafes, grocery stores, shopping malls, 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, ski resorts (Alta, Snowbird, Park City, Deer Valley), Temple Square and other religious sites, or any other business or facility where pets aren’t normally allowed.
Where Your ESA Can Go:
Your ESA can go anywhere that allows pets. This includes pet-friendly stores (like Petco, PetSmart, certain Home Depot and Lowe’s locations), outdoor patios at restaurants that welcome dogs, dog parks throughout Utah (Red Butte Garden off-leash area, Tanner Park, Memory Grove off-leash area), pet-friendly hotels and vacation rentals, your own rental housing with proper documentation, hiking trails that allow dogs, and anywhere else pets are welcome.
ESA Laws in the Workplace in Utah
No State-Specific ESA Workplace Laws
Utah 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.
Why Employers Can Say No to ESAs:
Unlike housing, where ESAs are protected under the Fair Housing Act, the ADA specifically defines service animals as dogs trained to perform disability-related tasks. Emotional support animals don’t meet this definition because their benefit comes from their presence and companionship, not from performing trained tasks. This means 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.
Some employers may voluntarily allow ESAs as a workplace accommodation, especially in office environments or remote work situations, but they’re not legally required to do so under current federal or Utah state law.
Fake Documentation and Misrepresentation Laws in Utah
Utah Has Strong Criminal Penalties for Fraud
Utah enacted service animal misrepresentation penalties in 2007 under Utah Code § 62A-5b-106 (now recodified as § 26B-6-805 after 2023 restructuring). This law is notably strict compared to many other states.
Utah Code § 26B-6-805: What’s Illegal
You’re breaking the law if you do either of these two things:
1. Lie to the Public About Your Animal
This means falsely telling businesses, landlords, or other people that your pet is a service animal when it’s not. Examples include:
- Saying “this is my service dog” when it’s actually just your pet
- Using a fake service dog vest, harness, or ID card
- Flashing a fake service animal certificate at a restaurant or store
- Bringing your ESA into places where only service animals are allowed and claiming it’s a service animal
2. Lie to Healthcare Providers to Get Fake Documentation
This is where Utah’s law is unique. You’re also breaking the law if you lie to a doctor, therapist, psychiatrist, or other healthcare provider to trick them into giving you ESA or service animal documentation you don’t actually qualify for. Examples include:
- Exaggerating or making up mental health symptoms you don’t have
- Pretending to have a disability when you don’t
- Lying about your need for an emotional support animal
- Providing false information on questionnaires to get an ESA letter
Why This Matters: Most states only criminalize lying to businesses about your animal. Utah is one of the few states that also makes it a crime to lie to healthcare providers to get fraudulent documentation in the first place.
The Penalties:
Both types of fraud carry the same penalty:
Class B Misdemeanor
- Up to 6 months in county jail
- Up to $1,000 in fines
- OR BOTH
This is a criminal offense that goes on your record. Utah’s penalty is more serious than most other states:
- Many states only charge a Class C misdemeanor (less serious)
- Some states only impose civil fines with no jail time
- Utah treats service animal fraud as a real crime with real consequences
What This Means in Plain English:
If you fake a service animal in Utah, you could spend up to half a year in jail and owe $1,000 in fines. If you lie to a therapist or doctor to get a fake ESA letter, you face the exact same penalty—even if you never actually use that letter.
Utah doesn’t mess around with this. They take service animal fraud seriously because it harms people with legitimate disabilities who depend on real service animals.
Is there an Official Registration for ESAs in Utah?
No, there is no official registration for ESAs in Utah. ESA registration is not necessary and does not have legal value.
Companies and websites promoting free ESA registration Utah and ESA certification Utah are scams. The only document ESAs need is the emotional support animal.
Emotional support animal letters in Utah are written and signed by mental health professionals licensed in the state.
Is Getting an ESA Letter Online Legal in Utah?
Yes, getting an ESA letter online is legal in Utah. Utah residents are allowed to get ESA letters online or in person. An ESA letter is valid when issued by a mental health professional licensed in the state.
ESA candidates choose between online or in-person consultations with LMHPs. The online method is preferred as it is quick and straightforward. Online ESA services schedule consults via phone or video calls.
Make sure the online service is legit before requesting assistance with the ESA letter. Some companies and websites are fraudulent and offer fake ESA letters. Misrepresenting regular pets as ESAs is punishable in Utah.
Can you have Multiple Emotional Support Animals in Utah?
Yes, you can have multiple emotional support animals in Utah. Utah does not limit the number of ESAs per owner (while the number of regular pets per owner is restricted to three).
Utah residents are allowed to have as many ESAs as a licensed mental health professional in the state sees fit. Multiple ESAs are sometimes could be recommended for people with different mental or emotional disabilities.
The state does not limit the ESA number, but some landlords do. Under the FHA, landlords must ensure reasonable accommodations to ESAs, but too many ESAs are potentially seen as undue financial burdens, allowing landlords to deny housing services.
How to Get an ESA Letter in Utah?
The indicative steps on how to get an ESA Letter in Utah are listed below. These are suggested steps as to how the process can work outside of CertaPet.
- 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 Utah. As a reminder, these professionals are the only individuals allowed to write an ESA Letter in Utah. 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.
Get an emotional support animal in Utah from a legal platform like CertaPet.
What are the Advantages of Getting an ESA Letter in Utah through Certapet?
The advantages of getting an ESA letter in Utah through Certapet are listed below.
- Hassle-Free Procedure: Certapet ensures a smooth experience for candidates seeking ESA approval in three simple and fast steps.
- Decent Turnaround Time: Certapet’s LMHPs contact the candidate within two business days, which is reasonably fast. Letters are sent to approved candidates immediately.
- Legitimate ESA Documents: ESA letters obtained through Certapet are valid. Certapet is a legitimate business that collaborates with licensed practitioners and follows laws.
- Peace of Mind: Certapet ensures ESA owners enjoy benefits that do not apply to pets. Get an ESA letter online through Certapet and rejoice in the perks.
Do ESA Letters in Utah need to be Renewed Annually?
Yes, ESA letters in Utah need to be renewed annually. Utah residents must renew ESA letters to update their medical records and to ensure protection under federal and state laws.
ESAs are covered by the FHA, and many landlords request current ESA letters for review when considering ESA applications.
Renewing ESA letters is simple, and owners who have received the current ESA letter online are allowed to complete the process via their accounts one month before the ESA letter expires.
Scheduling an in-person visit with an LMHP and contacting a new clinician are other options. Online ESA letter renewal, however, is the simplest method.
How to Avoid Online Utah ESA Letters Scams?
The instructions on how to avoid online scams in ESA letters in Utah are given below.
- Research the ESA Service. Investigate the different ESA providers offering online ESA letters. Read testimonials from previous clients to get a better understanding.
- Check the Letterhead. A valid ESA letter must be written on the LMHP’s letterhead. The letterhead is official and contains information about the practitioner, including name, contact, and credentials.
- Read the ESA Letter. Quickly scan the ESA letter to check its accuracy. Legitimate ESA letters state the person’s need for an emotional support animal but do not disclose the specific mental or emotional disability.
- Compare ESA Letter Prices. ESA prices are affordable but not cheap. ESA services must have an established network of LMHP in different states. Building the network requires money and dictates a higher price. Cheap ESA letters are likely to be fake.
- Have Rational Expectations. Scam websites offer gifts in the form of unnecessary steps such as ESA registration and certification. Fake sites market instant ESA letters without talking to LMHPs and claim the letters last more than a year.
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