Minnesota is one of the states that have their own specific laws regarding emotional support animals in housing. If you are currently living in Minnesota with an ESA animal, or you plan to have one, understanding the details of that law will help you avoid extra costs and hassle.
This article describes your rights according to the federal and state laws, what a landlord can and cannot ask you for, what ESA letters are, and how to handle problems.
Does Minnesota Have a Specific ESA Law?
Yes. Section 504B.113 of Minnesota Statutes is entitled “Service and Support Animal Documentation” and governs the requirements for tenants seeking a service animal or support animal as a reasonable accommodation at the state level. This statute is consistent with the requirements under the federal Fair Housing Act (FHA).
Under Minnesota’s statute, the ESA is referred to as a “support animal”. This is an animal that provides emotional support that helps alleviate one or more of the identified symptoms or effects of the disability of a person and is not required to be trained to do a task.
ESA vs. Service Dog: The Legal Difference
| Category | Service Dog | Emotional Support Animal (ESA) |
|---|---|---|
| Training | Trained to perform specific tasks | No task training required |
| Public Access | Allowed in most public places | No general public access rights |
| Housing | Protected under applicable disability rights laws | Protected under applicable fair housing laws |
| Air Travel | Special protections apply under U.S. Department of Transportation rules | Generally treated as a pet |
| Main Laws | Americans with Disabilities Act (ADA), Fair Housing Act (FHA), applicable state law | Fair Housing Act (FHA), Minnesota Statutes § 504B.113 |
An ESA helps through companionship and presence. A psychiatric service dog is trained to perform tasks tied to a psychiatric disability, which is why it has broader legal access.
Your Housing Rights Under Minnesota Law
According to § 504B.113 and the FHA, Minnesota residents who have a legitimate need for an emotional support animal will be allowed:
- To reside in “no pets” property with their ESA;
- To avoid paying for pet deposits, pet rent, and other pet-related fees. The statute states that a landlord cannot impose additional charges on a tenant with a service or support animal.
- To ignore breed, weight, and size restrictions imposed on pets; however, the animal’s conduct is taken into account.
Not to disclose their medical information, including access to medical providers.
A Unique Minnesota Rule: Lease Disclosure
When landlords collect fees or deposits under their pet policies, they should state in the lease that the pet fees do not apply to the service or support animals. If landlords fail to provide such a statement, tenants can take legal action to recoup the pet fees if tenants demonstrate that they would have sought accommodations from the landlord and would most likely have received accommodation had the landlord provided that statement. This provision works in favor of tenants in many ways.
What Landlords Can Do in Minnesota
Landlords still have legitimate rights. They can:
- Request supporting documentation for each service or support animal when your disability or need isn’t readily apparent or already known
- Deny a specific animal that poses a direct threat to health or safety that can’t be reduced
- Hold you liable for damage to the property
- Deny an application or request if you knowingly provide fraudulent documentation or misrepresent your situation
- Enforce lease rules about noise, cleanliness, and safe behavior
What Landlords Cannot Do
Landlords generally cannot:
- Charge pet deposits, pet rent, or any extra fee for your ESA
- Ask for documentation when your disability or need is obvious or already known
- Demand your medical records or details of your diagnosis
- Apply breed, size, or weight restrictions to your ESA
- Refuse your request solely because of a “no pets” policy
- Skip the required lease disclosure about pet fees (when they charge them)
- Retaliate against you for asking for an accommodation
ESA Letter Requirements in Minnesota
What is the letter for?
In Minnesota, the law states that whenever the landlord requires any documents, the tenant has to provide supporting documents from a licensed professional. The letter will confirm two things – first, your having a disability, and second, the connection between your disability and your requirement for the animal.
This letter should not contain information about your diagnosis, treatment, or any medical record.
Who can write it?
A licensed professional in the health care or mental health field such as a physician, nurse, psychologist, counselor, or licensed social worker. The professional should really know you and have a license to practice.
The letter mill ban
In Minnesota, an individual cannot be considered a licensed professional if he or she conducts business solely to offer certification services for a support or service animal. Put simply, a business entity whose main purpose is selling ESA letters or certificates to anyone willing to pay cannot be regarded as a legitimate source according to state laws.
This is consistent with the federal HUD guidance, where the statement from a website that offers certificates or registration to anyone willing to pay is considered not reliable on its own.
Is telehealth allowed?
Telemedicine could be a legitimate option to visit a licensed professional. The most important thing is for the professional to be licensed, evaluate your health condition honestly, and not just offer a document for money. In case of doubt, pick one who understands your situation.
Do registrations, vests, and ID cards matter?
No. Registration, ID card, and vest are neither mandatory nor a substitute for a real letter. Official ESA registration does not exist.
Landlord Liability Protection
Minnesota also has a protection for property owners. Under Minn. Stat. § 604A.302, owners are generally not liable for injury or damage caused by an assistance animal if they acted in good faith and were not otherwise negligent. The idea is to make landlords more comfortable approving legitimate requests.
Where ESAs Are NOT Protected
Public places
ESAs do not have any right of public access in Minnesota. Retail stores, restaurants, hotels, and all other businesses can deny entry. Public access provisions apply only to trained service animals and not to ESAs. The only exception is housing accommodation.
Air travel
Since January 2021, the Department of Transportation of the United States has ceased mandating the airline industry to consider ESAs as service animals. All airlines currently classify ESAs as pets. Psychiatric service dogs remain under special protection.
The workplace
In Minnesota, there is no statute providing the right to ESA workplace access. The Minnesota Human Rights Act mandates that employers provide reasonable accommodations to their disabled employees and evaluates ESA requests on a case-by-case basis.
What Happens If You Provide False Documentation?
Fraud is not tolerated in Minnesota. If a person fraudulently claims that he or she suffers from a disability or presents falsified documents, the landlord has the right to refuse the application and accommodation. It is a good idea to work with reputable providers of services.
In addition, fraudulently claiming the status of a service animal in public places is punishable by law in Minnesota.
How to Request an ESA Accommodation in Minnesota
- Get a valid ESA letter from a licensed professional who evaluates your needs.
- Send a written request to your landlord or property manager. Email works well.
- Provide documentation if asked. Remember, they can’t ask for medical records or your diagnosis.
- Check your lease. If it lists pet fees, look for the required disclosure that they don’t apply to support animals.
- Keep records of every message, form, and response.
- Follow reasonable rules about noise, waste, and shared spaces.
What to Do If Your Rights Are Violated
If your request is wrongly denied, or you’re hit with fees or retaliation, you can:
- File with the Minnesota Department of Human Rights. It investigates housing discrimination under the Minnesota Human Rights Act.
- File with HUD. Federal complaints must generally be filed within one year of the alleged discrimination.
- Take legal action. You may sue in state or federal court. Depending on the claim, you may seek damages, attorney’s fees, or court orders.
Because deadlines apply, it’s smart to act quickly and consult a housing attorney, legal aid office, or fair housing organization.
Key Takeaways
- The state of Minnesota has its own ESA housing law, § 504B.113, which supplements existing federal legislation.
- Landlords are not allowed to demand any pet fee, deposit, or pet rent for an approved support animal.
- In case a lease includes provisions on pet fees, it should indicate that they do not cover support animals.
- Animal certification providers are not considered licensed professionals according to the law.
- Misleading information might be a reason for your application denial.
- ESAs do not enjoy public access rights, and airlines consider them pets.
Final Thoughts
Minnesota gives ESA owners clearer protections than many states, from the fee ban to the lease disclosure rule. The best way to protect yourself is to get a legitimate letter from a licensed professional, make your request in writing, and be a considerate animal owner. If you’re ready to explore a legitimate ESA letter, learn more at Healify Now’s ESA Letter page.
Frequently Asked Questions
1. Does Minnesota have its own ESA law?
Yes. Minn. Stat. § 504B.113 covers service and support animal documentation in rental housing. It works alongside the federal Fair Housing Act to protect tenants with a disability-related need.
2. Can my Minnesota landlord charge a pet fee for my ESA?
No. Landlords must not require extra fees, charges, or deposits for a service or support animal. You can still be held liable for any damage the animal causes.
3. Who can write an ESA letter in Minnesota?
A licensed professional, such as a physician, nurse, psychologist, counselor, or social worker, who can confirm your disability and need. Providers who mainly sell ESA certifications are excluded.
4. Can a landlord ask for my diagnosis or medical records?
No. Your landlord is allowed to ask for proof if your requirement is not evident; however, he cannot ask for your medical information, diagnosis, or your doctors’ information.
5. Can I take my ESA into stores and restaurants in Minnesota?
No. In Minnesota, ESAs have no right to enter public premises. Only trained service dogs are usually allowed to accompany their owners to public places.
6. Where do I file a complaint if my ESA request is denied?
I am advised to file a complaint with the Minnesota Department of Human Rights or with HUD; however, there is generally a one-year deadline for filing such a complaint.
