Getting through the dark dogged days of crippling anxiety or overwhelming hopelessness shouldn’t be dealt with alone. While therapists can help, having a pet beside you at home can make you feel safe and calm.
The sheer vibrancy of a pet can radiate happiness and elevate your mood. You may want an emotional support animal (ESA) if you suffer from a mental health condition.
Before you can get an ESA, you’ll need to obtain an ESA letter. Living in South Dakota, there is a specific process for getting an ESA letter and laws that help protect your rights from discrimination.
Read on to learn about how to get an ESA letter and the benefits of getting one.
Do You Qualify For An ESA Letter in South Dakota?
An ESA letter is an official legal document that indicates that a patient has an emotional or mental health disability diagnosed by a licensed practitioner. It must state that the provider recommends an ESA as part of their overall treatment plan.
Not everyone can get an ESA letter. It would be best if youwere diagnosed with specific mental health conditions such as depression, social anxiety, OCD, learning disabilities, chronic stress, motor skill disorders, ADD/ADHD, or PTSD. The mentioned health condition has to be severe enough that it qualifies as a disability.
According to theAmerican Disability Act, a person must have a mental impairment that substantially affects one or more major life activities. Additionally, you’ll likely need to already receive treatment for your condition, such as medication, therapy, or counseling. From there, a licensed mental health practitioner must confirm that an emotional support animal can help reduce or alleviate some of your symptoms.
For example, an emotional support pet is commonly recommended for those that feel a crippling sense of anxiety in social situations or in public. If you experience panic attacks, a pet can help to calm you down.
Who Can Write an ESA Letter in South Dakota
If you’d like to obtain an ESA letter that’s legally binding, you’ll need to have a qualified professional write it for you. Here is a list of experts who are authorized to write an ESA letter:
- Licensed mental health professionals
- Psychologists:
- Psychiatrists:
- Primary care or licensed general physicians:
- Licensed counselors:
- Clinical social workers
- Mental health counselors
For those already seeing a mental health professional, it’s best to ask them whether an emotional support animal would fit your overall treatment plan.
What’s Inside a South Dakota ESA Letter
Emotional support animals are becoming increasingly popular, especially as more people discover their benefits. Unfortunately, this has led to more fraudulent websites that present fake ESA letters.
You can avoid the inconveniences and consequences of a fake ESA letter by knowing what a real one contains. This lets you easily differentiate between counterfeit ones and authentic recommendation letters.
Here’s what’s inside an authentic South Dakota ESA letter:
- Official letterhead and signature of a health professional
- The date of issue
- The state of the jurisdiction of the mental health practitioner, which should be South Dakota
- The medical license number, license type, and date of issue of the license
- Name of practitioner and phone number of their practice
- Your name
- Your diagnosis
- A recommendation that states that the emotional support animal helps to mitigate the symptoms of your described emotional or mental health condition
Benefits of Getting an ESA Letter in South Dakota
There are many practical benefits to having an ESA letter. The letter verifies the legitimacy of your condition. Thus, it can provide access to obtaining an emotional support animal allowing for all the therapeutic benefitsand the potential public accommodations made by your landlord.
Exempt From Fees
An ESA letter will save you money from potential pet deposits and fees. Since your companion is perceived as a necessity instead of a luxury, once your housing accommodation is granted, landlords can’t charge fees for your pet — though you remain responsible for any actual damage it causes. Keep in mind this isn’t true for traveling. Airlines and hotel accommodations are allowed to charge you for pet fees.
Feel More Connected to Reality
An ESA letter allows you to obtain an animal companion legally. ESAs undoubtedly bring a newfound energy and zest to your life again. Whether it’s fear of going outside due to trauma or experiencing regular panic attacks, a furry companion can help you to feel more grounded.
No matter what happens, your pet always provides unconditional love and support. Furthermore, they provide access to non-prescription treatment, ensuring no medical side effects.
Live with Your ESA
Landlords tend to act in the best interest of tenants and the property. Many can be turned off by the idea of pets roaming around and causing a stir.
However, an ESA letter means a landlord must consider your request to live with your ESA, and can lawfully deny it only in limited circumstances — for example if the animal poses a direct threat or would cause substantial property damage. In most cases, this means you can live with your ESA and never worry about being away from them. Your companion will support you through the hard times and endow you with affection, care, and love.
Add Structure to Your Day
Taking care of pets requires that you give them a little TLC. They need to be walked, played with, and fed routinely. This forces you to leave the couch or bed and go outside for fresh air.
Often, laying in bed can only make symptoms worse. Wallowing in pity won’t help to get over your fear or anxiety. Getting fresh air, sunlight, and exercise with your four-legged pet can go a long way to recovering. This also distracts you from anxiety since you’ll actively care for another living creature.
Emotional Support Animals Laws in South Dakota
When understanding ESA laws in South Dakota, it’s vital to distinguish the differences between service animals and ESAs. Service animals are trained to perform tasks that help someone with their physical disability. For example, seizure response dogs can help detect when a person suffers from a seizure, while other dogs are meant to enable individuals with vision impairment.
While emotional support animals provide therapeutic benefits, they don’t quite receive the same treatment as service animals. We’ll cover the various laws, so you know your rights.
Fair Housing Act
South Dakota follows the Americans Disabilities Act (ADA) and the Fair Housing Act (FHA), stipulating that housing providers can’t unlawfully deny access to people with assistance animals, including ESAs. Provided that you have an ESA letter, your landlord is obligated to offer reasonable accommodations to allow your emotional support animal to live with you.
With the FHA law, it’s illegal to discriminate against anyone who requires the needs of their furry companions for health purposes. Once the accommodation is granted, landlords can’t use the pet’s breed, weight, or size as limitations to disqualify the candidate, and they’re not allowed to charge fees such as a pet deposit — though you remain responsible for any actual damage the animal causes. However, landlords may inquire about documentation such as an ESA letter to ensure legitimacy.
Air Carrier Access Act
For many years in the United States, the Air Carrer Act let emotional support animals travel onboard with their owners. Unfortunately, in 2023, the US revoked those flying privileges, and now air carriers are no longer obligated to allow an ESA on the plane.
You’ll need to check with your air carrier before booking your flight since policies vary between companies. However, if your pet is under 20 lbs, you can bring your pet with a carrier bag. While you’ll have to keep your animal in the bag during the trip and pay a small fee, it can help you alleviate separation anxiety symptoms, knowing your companion is with you.
Employment
Unfortunately, businesses aren’t legally mandated to make accommodations for your pet. That means restaurants, your employer, hotels, or any other public entity doesn’t have to acquire to your demands.
However, ESA letters hold a level of gravitas and prove the legitimacy of your condition. Thus, many businesses want to help their customers and do their best to make accommodations where possible. For example, a workplace may be considerate by allowing you to bring your companion to work, so long as it doesn’t disturb other employees.
Always discuss with your employer or businesses why you’d like to bring your furry friend. While not everyone will be lenient, some just might let you!
How To Get An ESA Letter in South Dakota: A Step-by-Step Guide
Getting an ESA letter in South Dakota is a relatively simple process for most people, especially if you’re already diagnosed, take medication for mental health conditions, or visit a licensed professional regularly about treatment.
However, even if you’ve never been diagnosed, the steps to getting one are straightforward.
Find a Licensed Mental Health Practioner
You’ll need to find a trusted licensed mental health professional. The easiest way is to work with a recommendation from your insurance provider. Often, your primary care physician can help, or
they can guide you to someone in their network.
Make an Appointment or Apply Online
Once you’ve settled on a therapist, doctor, or psychiatrist, you can book an appointment. This way, you can start recovery and resume your daily activities. You can choose to consult with your professional through online or in-person consultations.
Receive Assessment
During the appointment, the LMHP will have you answer a series of questions about your mental health conditions and the symptoms you’re experiencing. It’s crucial to describe in detail your current mental state in detail and provide concrete scenarios of the events that led to requesting an ESA letter.
Based on your responses, the doctor will determine your needs and qualifications. If they find your need for an ESA letter authentic, you’ll be instantly approved to obtain one.
Get Your Letter
Once approved, you’ll receive an email downloadable copy of the ESA letter. This should outline your need for a companion to support your mental health, which can be used for applying to housing or other purposes.
Remember that the ESA letter is valid for a year starting from the date of issuance, meaning you’ll need to renew it once it expires.
South Dakota ESA Housing Law: A Statute That Names ESAs
South Dakota is one of the few states that has written emotional support animals directly into its landlord-tenant statute, so its ESA housing rules are unusually specific.
How South Dakota protects your ESA in housing
South Dakota law (South Dakota Codified Laws Sections 43-32-33 to 43-32-36, effective 2018) defines a service animal, for landlord-tenant purposes, to include an emotional support animal, a therapy animal, or another assistance animal. A landlord may require reliable documentation of your disability and your need for the animal, except when that disability or need is readily apparent or already known (Section 43-32-34), and the documentation must come from a licensed health care provider (Section 43-32-35). The rule that a landlord cannot charge a pet fee or deposit for a legitimate assistance animal comes from the federal Fair Housing Act rather than a South Dakota statute. Housing complaints under state law go to the South Dakota Division of Human Rights, within the Department of Labor and Regulation.
One point of confusion worth clearing up
These are housing protections only. Emotional support animals have no public-access rights in South Dakota, so a store, restaurant, or hotel can lawfully turn one away; only trained service dogs qualify for public access. Because the South Dakota Division of Human Rights is not a HUD-certified fair housing agency, a federal Fair Housing Act complaint about an ESA housing denial would go directly to HUD — though HUD’s own complaint office now focuses on animals individually trained to do work or perform tasks, so most tenants get faster results filing the state-law complaint with the South Dakota Division of Human Rights or going straight to court. Here’s what the 2026 HUD guidance did and didn’t change. South Dakota also penalizes fraud: a tenant who knowingly makes a false disability claim or provides fraudulent documentation can be evicted and charged up to one thousand dollars in damages (Section 43-32-36), so a letter should come from a licensed provider who actually evaluated you. This is general information, not legal advice; confirm the current rules for your situation.
Frequently Asked Questions About ESA Letters in South Dakota
Does South Dakota have its own emotional support animal housing law?
Yes. South Dakota Codified Laws Sections 43-32-33 to 43-32-36 define an emotional support animal as a type of assistance animal for landlord-tenant purposes and set out what documentation a landlord can request and what happens in cases of fraud.
Can a South Dakota landlord ask for documentation for an ESA?
Yes. Under South Dakota Codified Laws Section 43-32-34, a landlord may require reliable documentation of your disability and your need for the animal, unless that disability or need is readily apparent or already known, and the documentation must come from a licensed health care provider.
Can a South Dakota landlord charge a pet deposit for an ESA?
No. A legitimate assistance animal is not treated as a pet, so pet fees and deposits do not apply. That rule comes from the federal Fair Housing Act rather than a South Dakota statute, and you remain responsible for any actual damage the animal causes.
Where do I file an ESA housing complaint in South Dakota?
State-law complaints go to the South Dakota Division of Human Rights. Because it is not a HUD-certified fair housing agency, a federal Fair Housing Act complaint would go directly to HUD — though HUD’s current focus on individually trained animals means the state Division or a direct court filing is often faster.
Conclusion
Emotional support animals provide comfort and safety if you’re suffering from mental health disorders like phobias, anxiety, depression, PTSD, or mood disorders. A legal-binding ESA letter from a licensed mental health professional lets you live with your ESA even where pets may not be allowed. Follow the steps laid out so you can fully enjoy the positive effects of your pet on your mental health.
