Emotional support animals (ESAs) are special companion animals that help to relieve the symptoms of certain mental health conditions. ESAs have special rights and aren’t treated the same as your regular pets in North Dakota, though according to the Americans with Disabilities Act (ADA), they’re different from service animals.
In this article, we are going to explain everything there is to know about North Dakota’s emotional support animal laws, the difference between ESAs and service animals, and how you can get an emotional support animal.
What Is an Emotional Support Animal (ESA) in North Dakota?
An emotional support animal is a companion animal that supports their owner through companionship and the routine that caring for the animal provides. Emotional support animals can be any animal, including cats, dogs, rabbits, hamsters, birds, and snakes, and they do not need to be trained to complete disability-related tasks like a service animal must be.
While the rules about the type of animal that can be your ESA are somewhat loose, it’s important to note that you do need an emotional support animal (ESA) letter from a licensed mental health professional in North Dakota in order for your companion animal to be a valid ESA and not just a pet.
Who Qualifies for an ESA in North Dakota?
Any individual who thinks they may benefit from the presence and companionship of an emotional support animal may qualify for one.
These animals are shown to help with mental health conditions, and you may need a diagnosis before your provider feels comfortable approving an ESA for your treatment plan. Typically, conditions like anxiety, depression, stress disorders, mood disorders, and PTSD can benefit from the presence of an emotional support animal.
How Do I Get an Emotional Support Animal Letter in North Dakota?
An emotional support animal letter is a document that all ESA owners need for their pet’s status to be considered legally valid. The letter should only be obtained from a licensed healthcare professional in North Dakota. It usually contains details about your mental health condition, the doctor, and your pet.
To get an ESA letter, you must book an appointment with your doctor or a mental healthcare professional and tell them about your condition in detail. You don’t have to take your pet with you, but you have to be honest about how it helps you get through the day.
If you are hoping to get an ESA letter but aren’t connected with a mental healthcare professional licensed in North Dakota, you can fill out our ESA consultation form. A healthcare professional licensed in North Dakota will reach out to you for an evaluation.
Your provider will carefully evaluate your mental health and your pet’s role in getting you the emotional support you need.
This whole process shouldn’t take too much time, but you may have to see your provider multiple times before they can assess your condition thoroughly and give you the ESA letter. You may have to continue seeing them even after you’ve received the letter.
The ESA letter gives your ESA legal recognition. You must have this letter on file if your pet lives with you in an apartment that has a no-pet policy.
You should avoid signing up with a site that sells ESA letters without first getting an appointment with a licensed mental health professional in North Dakota. An ESA letter that’s obtained without proper authorization is invalid, and showing it to people to claim benefits can get you into legal trouble.
Emotional Support Animals Versus Service Animals
It’s important to understand the differences between emotional support animals and service animals when considering adding an ESA to your treatment plan.
The Americans with Disabilities Act (ADA) defines service animals as dogs (and sometimes miniature horses) that complete disability-related tasks for their owners to help relieve certain challenges associated with a disability.
Unlike ESAs, service animals require specialized training, and you won’t need any documentation for your service animal to be valid. They must simply be trained to perform disability-related tasks and under your control.
Alternatively, ESAs can be any species of animal, and they are not trained. The main benefits they bring their owners come from their presence in their owners’ lives and the companionship they bring.
Service animals tend to have more public access rights, as they are necessary medical equipment helping their owners with daily tasks. ESAs only have housing rights due to a lack of training requirements and species restrictions.
Emotional Support Animal Laws in North Dakota
North Dakota state law upholds the federal regulations put in place that protect service animals and emotional support animals. It’s important to be familiar with these laws, as they will help you understand your legal ESA rights. We give you an overview of important emotional support animal laws in North Dakota below.
1. Fair Housing Act (FHA)
The FHA protects individuals from discrimination during the process of seeking and obtaining housing. It recognizes ESAs as necessary companion animals and gives them fair housing rights.
According to the FHA, housing providers are legally obligated to make reasonable accommodations to allow people with mental or physical disabilities to live with their ESAs (or service animals), even if the property has a no-pet policy or certain breed and animal restrictions.
Landlords aren’t allowed to charge you a pet deposit, pet rent, or a pet cleaning fee, but you are responsible for paying for any damages caused to the property by your ESA.
You have to submit a written request and show your ESA letter to the housing provider in order to get these benefits. In most cases, your request will be approved without any problems. However, landlords have the right to reject it if:
- Your ESA is aggressive towards other animals and people or is a threat to other tenants
- Accommodating your ESA requires them to significantly alter the nature or structure of their business/property
- Your ESA poses an undue financial burden on the landlord
- You do not have a valid North Dakota ESA letter
These are very unlikely scenarios, though, and as long as you have an ESA letter and your pet is well-behaved, you won’t have any problems receiving accommodations.
2. Americans with Disabilities Act (ADA)
The ADA allows service animals to go wherever they want with their handlers. Public schools, universities, workplaces, public transportation services, and commercial facilities are all legally required to allow service animals to accompany their owner.
Service animals must always be under the control of their owner through the use of a leash, harness, or their owner’s voice. The animal could be removed from the premises if it disturbs other animals or people and the owner fails to keep them under control.
Unfortunately, ESAs are not granted these same rights, and the ADA clearly separates service animals from emotional support animals. However, you can take advantage of pet-friendly public spaces, and you may be able to take your ESA to the workplace if your employer is flexible about their pet policies.
3. Air Carrier Access Act (ACAA)
The ACAA gives service animals the right to fly with their handlers in the cabin of a plane. It was originally applicable to ESAs as well but was modified in 2020 to exclude them. If you have a service animal, you can easily take it with you on a plane without paying fees, as airlines have to provide you with reasonable accommodations.
If you have an ESA, you’ll have to call the airline you’re flying with first to see if they allow ESAs. Most will be okay with it but will treat your emotional support animal as a pet, meaning you will need to pay pet fees and adhere to all airline animal travel restrictions and regulations.
Make sure you check with an airline directly to understand their policies before booking a ticket for you and your ESA.
Taking Care of Your ESA in North Dakota
Just like any other pet, an ESA thrives on love, attention, and routine care. ESAs help you feel better by cuddling with you. They can sense your negative emotions and take care of you by being there for you.
However, it’s equally important that you take good care of them. You have to take them for walks, if applicable, and regularly play with them. By taking care of your ESA, you develop a routine, which can help you feel better.
Not taking proper care of your ESA can result in your ESA letter being revoked. Take your ESA to the vet on a regular basis, and make sure you provide them with adequate care throughout the day.
Plus, spending a lot of time with your emotional support animal will strengthen the bond between you two. This will result in a companionship that will contribute positively to both of your lives.
Get an ESA in North Dakota
Getting an ESA in North Dakota includes speaking with a licensed mental health professional in the state and letting them know that you benefit from the companionship of your pet.
After an evaluation, you may be approved for an official ESA in your treatment plan, and you will receive a valid North Dakota ESA letter. You can then show this letter to housing providers to access your protected ESA housing accommodations.
Speak to a mental healthcare professional in North Dakota as soon as possible to get this process underway and start benefiting from the presence of an emotional support animal.