Service Animals and Emotional Support Animals: North Dakota Renters’ Rights

For North Dakota renters living with disabilities, navigating rental housing with service animals or emotional support animals (ESAs) can be confusing. Understanding your rights—and responsibilities—can make a real difference if you need an accommodation from your landlord. This article breaks down the key differences, legal protections, and steps to take as a renter in North Dakota.

Understanding Service Animals and Emotional Support Animals (ESAs)

Both service animals and ESAs can assist people with disabilities, but the laws treat them differently. Here’s how they compare under North Dakota and federal law:

• Service Animal: Defined by the Americans with Disabilities Act (ADA). Only dogs (and sometimes miniature horses) that are individually trained to do work or perform tasks for a person with a disability.
• Emotional Support Animal (ESA): An animal (not limited to dogs) that provides emotional support or comfort for a disability. ESAs do not require specialized training.

Why Does the Distinction Matter?

Service animals are covered by both federal and North Dakota laws, while ESAs are mainly protected under federal housing laws. Landlords may ask different questions and have different obligations depending on your animal’s classification.

Your Rights as a Renter in North Dakota

North Dakota renters are protected under federal laws—primarily the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA)—and by state law: North Dakota Human Rights Act (ND Century Code, Chapter 14-02.5).^[1]

• Landlords cannot charge pet fees or deposits for service animals or ESAs.
• They cannot refuse to rent or evict solely because of a legitimate service animal or ESA.
• They can require proper documentation for ESAs and reasonable control of animals (no property damage or threats).

How to Request an Accommodation

If you need to live with a service animal or ESA, it’s best to formally request a “reasonable accommodation” in writing from your landlord. Attach any required verification, such as a letter from a licensed healthcare provider (for ESAs) or details about your animal’s service (for service animals).

Official Forms and Steps for North Dakota Renters

• Reasonable Accommodation Request Form (no official state form): While North Dakota does not provide a standardized form, the U.S. Department of Housing and Urban Development (HUD) offers a sample Reasonable Accommodation Request Form. Use this if your landlord requires written documentation.
• Verification of Need for Assistance Animal: You may be asked for documentation from a healthcare professional confirming your need for a service animal or ESA. Attach this to your request if applicable.

For disputes or discrimination complaints, renters can file a complaint through the HUD Fair Housing Complaint Portal or with the North Dakota Department of Labor and Human Rights (ND DOLHR), the primary agency for housing complaints in North Dakota.^[2]

Common Restrictions and Landlord Rules

While landlords must generally allow legitimate service and support animals, some limitations still apply:

• If your animal is dangerous, causes significant property damage, is disruptive, or poses a health or safety risk, your landlord can take action.
• Breed, size, or weight restrictions that apply to pets do not apply to service animals or ESAs—but your animal’s behavior must be safe and appropriate.

Remember, you are responsible for cleaning up after your animal and for any damages it causes.

What Landlords Can (and Cannot) Ask

Landlords may:

• Ask for documentation of your need for an ESA (usually a letter from a medical provider)
• Verify that your service animal is required due to a disability (but not specific details of your condition)

They cannot:

• Require you to pay extra rent or pet deposits for service animals or ESAs
• Ask for your detailed medical history
• Deny your accommodation unless your animal poses a safety risk or undue financial burden

FAQ: North Dakota Service & Emotional Support Animals

1. Can my landlord deny my service animal or ESA?
   Only if your animal poses a direct health or safety threat, or if you cannot provide proper documentation for an ESA. Otherwise, North Dakota law protects your right to reasonable accommodations.
2. Is my landlord allowed to charge me a pet deposit for a service animal or an ESA?
   No. Landlords in North Dakota cannot charge extra fees or deposits specifically because of your assistance animal.
3. Do I need to use a specific form to request an accommodation?
   The state does not require a specific form, but using a written request is recommended, along with supporting documentation as needed. HUD’s sample form is widely accepted.
4. Where do I file a complaint if my landlord refuses my request?
   File with the North Dakota Department of Labor and Human Rights or the HUD Office of Fair Housing.
5. What if my animal damages the property?
   You are responsible for any actual property damage caused by your animal, even though pet fees or deposits cannot be charged up front.

Conclusion: Key Takeaways for North Dakota Renters

• Both service animals and ESAs are protected under North Dakota and federal law in rental housing.
• Landlords cannot charge pet fees or deny you solely for having a legitimate assistance animal, but may require reasonable documentation.
• For disputes, keep records and contact the ND Department of Labor and Human Rights or HUD for support.

Knowing your rights helps ensure fair housing and the support you need as a North Dakota renter.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights - Housing Discrimination: Complaints, information, and mediation.
• HUD Assistance Animal Guidance (2020): Official guidance on reasonable accommodation in housing.
• HUD Fair Housing Complaint Portal
• ND Century Code Chapter 47-16 - Landlord and Tenant Law: Official tenancy legislation.

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1. [1] North Dakota Human Rights Act (ND Century Code Ch. 14-02.5)
2. [2] North Dakota Department of Labor and Human Rights – Housing
3. HUD FHEO Notice: Assessing Reasonable Accommodation Requests for Assistance Animals
4. ND Century Code Chapter 47-16 (Landlord and Tenant)
5. ADA Requirements for Service Animals

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