Emotional Support Animal Laws in South Dakota: What You Need to Know

If you rely on an emotional support animal to manage a mental health condition, understanding the laws that protect you in South Dakota is one of the most practical steps you can take. The rules here blend federal protections with state-specific statutes that go further than what most other states require — including real penalties for fraudulent documentation.

South Dakota’s legal framework for ESAs centers on housing rights, and the picture looks very different once you move outside that context. Public spaces, workplaces, and air travel each carry their own rules, and the gaps between them can catch ESA owners off guard. This guide walks through each area clearly so you know exactly where you stand.

Important Note: This article provides general legal information, not legal advice. Laws can change. If you face a specific housing dispute or discrimination claim, consult a licensed attorney or contact South Dakota’s Division of Human Rights for guidance.

What Is an Emotional Support Animal Under South Dakota Law

An emotional support animal is a companion animal that helps an individual manage the symptoms of a mental health or emotional disability through its presence alone. Unlike a service animal, an ESA does not need to be trained to perform specific disability-related tasks. ESAs do not require any training to provide emotional support to people who suffer from mental health issues.

ESAs and service animals help people with mental and physical disabilities, but they are not classified as the same type of animals in South Dakota, which means they have different rights and privileges. Service animals must be dogs — or miniature horses in some cases — that have been trained to perform specific tasks for people with disabilities, whereas an ESA can be any animal that the owner can legally keep in South Dakota.

South Dakota’s housing statutes use a notably broad definition. For the purposes of SDCL §§ 43-32-34 to 43-32-36, the term “service animal” refers to any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal, and the term “disability” is a physical or mental impairment that substantially limits one or more major life activities of a person. This definition matters because it brings ESAs under the umbrella of the state’s housing documentation and fraud laws.

The only person who is eligible to determine if a pet can be an ESA is a licensed mental health professional (LMHP) in South Dakota. Generally speaking, some of the most common choices for an ESA include dogs, cats, rabbits, birds, mice, ferrets, hamsters, and snakes. Any animal you can legally own in the state may qualify, but the LMHP makes that determination based on your individual needs.

Federal ESA Protections That Apply in South Dakota

While service animals fall under the Americans with Disabilities Act (ADA), South Dakota emotional support animal protections primarily stem from the Fair Housing Act (FHA), ensuring that landlords recognize the essential role of these animals in their owners’ well-being. It is worth understanding what each federal law does — and does not — cover for ESA owners.

The Fair Housing Act is the foundation of ESA rights nationwide. The FHA gives people with ESAs the right to request reasonable accommodation from housing providers so their ESAs can live with them. The law applies even in accommodations that have a no-pet policy. This is the single most powerful protection available to you as an ESA owner in South Dakota.

The Americans with Disabilities Act (ADA) protects individuals who rely upon a service animal to deal with their disability in the workplace. Employers are required by law in South Dakota to make the necessary arrangements to allow an employee with a service dog to bring their companion to work, or make other reasonable accommodations that both parties agree to. Unfortunately, the laws established in the ADA do not apply to individuals with emotional support animals. This means employers are not required to make any accommodations for emotional support animals in the workplace.

Air travel is another area where federal law no longer helps ESA owners. As of January 2021, emotional support animals are no longer recognized for air travel. Airlines changed their policies following updates to the Air Carrier Access Act, and ESAs are now treated as regular pets with all associated fees and restrictions. If you are flying out of Sioux Falls, Rapid City, or another South Dakota airport, plan to book your ESA as a standard pet or arrange alternative travel.

ESA Housing Rights in South Dakota

In South Dakota, the federal Fair Housing Act (FHA) protects emotional support animal owners from housing discrimination, even if the property has a standard no-pet policy. That means landlords are prohibited from charging extra fees or pet deposits for ESAs or denying a lease based on the animal or your condition.

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. This means your landlord’s standard pet policy — whether it bans large dogs or charges a monthly pet surcharge — simply does not apply to a properly documented ESA.

The FHA’s reach extends beyond standard apartment rentals. The FHA also applies to university housing, so if you are moving to college, you can take your ESA with you. All you have to do is send your ESA letter to your university. Every university has different guidelines for ESAs, so you should check their official site or give them a call. Some universities may have size or species guidelines of their own, so confirm the specifics before move-in.

You can also have more than one ESA. You can have more than one ESA live with you in your apartment, but you need a separate ESA letter for each of them if your ESA letter does not mention all of your emotional support animals.

Pro Tip: Even though landlords cannot charge pet fees for ESAs, you remain financially responsible for any damage your animal causes to the property. Keep your ESA well-managed to avoid disputes that could jeopardize your housing.

There are limits to these protections, however. A landlord can legally deny housing or evict the tenant or ESA in some specific cases. If an ESA causes property damage or poses a legitimate threat to the safety of other tenants or property staff, a landlord has the right to eject the animal and its owner. Additionally, under the Fair Housing Act, small landlords may be exempt from ESA accommodation requirements. If the landlord owns fewer than four rental units and does not use a broker or agent, they may not be required to follow Fair Housing Act protections, meaning they can potentially deny your ESA request without violating federal law.

If you believe a landlord has violated your rights, you have options. You can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also contact South Dakota’s Division of Human Rights for assistance with housing discrimination issues. A real-world example of how HUD intervenes: the U.S. Department of Housing and Urban Development charged property owners in Sioux Falls for violating the Fair Housing Act by initially refusing to allow a resident with disabilities to have an emotional support animal. Even after the resident obtained a support dog, the landlords imposed burdensome requirements, leading to HUD’s intervention.

What Landlords Can and Cannot Ask in South Dakota

South Dakota gives landlords more authority to verify ESA documentation than federal law alone would suggest. South Dakota goes further than federal law with SDCL §§ 43-32-34 through 43-32-36, enacted July 1, 2018. These laws specifically combat fake ESA documentation and give landlords clear authority to verify your paperwork.

The following table summarizes what landlords in South Dakota can and cannot do when you request an ESA accommodation:

Landlords CAN	Landlords CANNOT
Request an ESA letter if your disability is not readily apparent	Charge pet fees, pet deposits, or monthly pet rent
Verify the credentials of your licensed healthcare provider	Enforce breed, size, or weight restrictions on ESAs
Deny an ESA that poses a direct threat to safety or causes damage	Deny housing based solely on a no-pet policy
Evict and seek damages if documentation is proven fraudulent	Demand your specific diagnosis or detailed medical records
Ask whether the animal is needed due to a disability	Require an ESA to be registered in any official database

A landlord may require reliable supporting documentation from a tenant of a rental dwelling unit if the tenant asserts a disability requiring that a service animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may not require supporting documentation from a tenant if the tenant’s disability or disability-related need for a service animal or assistance animal is readily apparent or already known to the landlord.

The landlord may ask for documentation to show the need for the emotional support animal, although all that is legally required is an ESA letter. The tenant is not required to provide specific details beyond what is contained within the letter. You do not need to disclose your diagnosis or hand over medical records — your ESA letter is sufficient.

For context on how ESA housing rights compare in neighboring states, see our guides on emotional support animal laws in Minnesota and emotional support animal laws in North Carolina.

ESA Documentation Requirements in South Dakota

Getting the right documentation is not just a formality in South Dakota — it is a legal requirement with real consequences if you get it wrong. All emotional support animals require an ESA letter, which is a legal document issued by a licensed mental health professional in South Dakota. It includes details about the mental health worker, your mental health, and how your pet helps you with it.

South Dakota’s 2018 statutes add specific requirements that go beyond what most other states impose. Your ESA documentation must come from a South Dakota-licensed healthcare provider who has personal knowledge of your disability. The provider cannot be someone who operates solely to provide service or assistance animal certifications. This language specifically targets online “ESA letter mills” and out-of-state providers who churn out letters without proper evaluations.

The letter must include a signature from the LMHP, a description of why you need an ESA, and details about their license. Additionally, your documentation must confirm both your disability and the relationship between your disability and your need for the animal.

ESA letters do not last forever. ESA letters in South Dakota need to be renewed annually. An ESA letter remains valid for 12 months from the date of issuance, requiring renewal to maintain legal protection under the Fair Housing Act. Renewal ensures that the individual qualifies for an emotional support animal based on a current mental health evaluation by a licensed professional.

• Your letter must come from an LMHP licensed to practice in South Dakota
• The provider must have an established therapeutic relationship with you — not be a one-time online certification service
• The letter must confirm your disability and explain the connection to your need for the ESA
• It must include the provider’s license information and signature
• Renew the letter every 12 months to maintain housing protections
• There is no official ESA registry in South Dakota — registration services are not a legal substitute for a valid ESA letter

For a broader comparison of how documentation requirements differ across states, our guide on emotional support animal laws in Colorado and the guide on emotional support animal laws in California cover states with notably stricter standards.

ESA Rights in the Workplace in South Dakota

Workplace protections for ESA owners in South Dakota are limited. The ADA, which governs disability accommodations in employment, covers psychiatric service animals but not emotional support animals. The laws established in the ADA do not apply to individuals with emotional support animals. This means employers are not required to make any accommodations for emotional support animals in the workplace, and they can deny the employee the ability to bring the animal to work with them.

South Dakota does not have a state employment law that fills this gap. If you bring your ESA to work, you do so at your employer’s discretion. In South Dakota, emotional support animals are not covered by the ADA. Nevertheless, obtaining an ESA letter could be a crucial factor in convincing a compassionate employer to consider the need for such support.

If your mental health condition rises to the level where an animal performs trained, task-based work for you, that animal may qualify as a psychiatric service animal rather than an ESA. Psychiatric service animals carry full ADA protections in the workplace, which is a meaningful legal distinction worth discussing with your mental health provider.

Key Insight: If workplace access matters to you, ask your licensed mental health professional whether a psychiatric service animal designation — rather than an ESA designation — better fits your situation. The two carry very different legal protections in employment settings.

For a side-by-side look at how other states handle workplace ESA access, see our articles on emotional support animal laws in New York and emotional support animal laws in Texas.

Where ESAs Are Not Permitted in South Dakota

One of the most common misconceptions about ESAs is that they carry broad public access rights. They do not. Emotional support animals have zero public access rights in South Dakota. ESAs are not service dogs, and they cannot go into public places where pets are not normally allowed. Under both South Dakota law (SDCL § 20-13-23.1 and § 20-13-23.2) and the federal Americans with Disabilities Act, only service animals have public access rights.

Neither the ADA nor South Dakota’s service animal law covers ESAs. So public accommodations in the Mount Rushmore State are not required to admit emotional support animals — only service animals and service animals in training.

Places where your ESA has no legal right of entry include:

• Grocery stores, restaurants, and retail shops
• Hotels and motels
• Hospitals and medical facilities
• Schools (K-12 classrooms and common areas)
• Public transportation (buses, trains) unless the transit system has a pet-friendly policy
• Government buildings and public service offices
• Workplaces (unless your employer voluntarily permits it)
• Airlines (ESAs are treated as regular pets as of January 2021)

ESAs do not have the same public access rights as service animals. You cannot take them to places like restaurants, shopping malls, or hotels unless the establishment’s policy allows it. Businesses are not required by law to admit ESAs, so always confirm policies beforehand.

Some businesses choose to welcome ESAs voluntarily, and many pet-friendly establishments in South Dakota cities like Sioux Falls, Rapid City, and Brookings do allow well-behaved animals. But that is a business decision, not a legal obligation. Always call ahead rather than assuming access.

To see how public access rules compare in other parts of the country, our guides on emotional support animal laws in Florida, emotional support animal laws in Virginia, and emotional support animal laws in Georgia are useful references.

ESA Fraud Laws and Penalties in South Dakota

South Dakota takes fraudulent ESA documentation more seriously than most states. The 2018 legislation created a specific legal framework with real civil consequences for tenants who misrepresent their need for an ESA. While South Dakota does not have extensive state-specific ESA laws, the state enacted important legislation in 2018 that addresses housing documentation requirements and penalties for fraudulent claims. Under South Dakota Codified Laws § 43-32-36, providing false claims about disability or fraudulent documentation to obtain an ESA accommodation can result in eviction and damages.

Enacted July 1, 2018, this law makes it unlawful to knowingly make false claims of having a disability requiring a service or assistance animal or to knowingly provide fraudulent documentation to a landlord. The penalties are severe: landlords can evict you and collect damages up to $1,000 if they discover your documentation is fraudulent. This is a civil penalty, meaning your landlord can sue you directly. You may also face criminal fraud charges under general South Dakota criminal statutes.

South Dakota Codified Law § 43-32-36 also carries a separate criminal exposure. If a person is found to have knowingly made a false claim of having a disability that requires the use of a service or assistance animal, or has knowingly misrepresented an animal as a service or assistance animal, they could be charged with a Class 2 misdemeanor.

The following types of documentation are considered fraudulent under South Dakota’s 2018 law:

• ESA letters from online registries or certification databases (no such official registry exists)
• Letters from out-of-state providers who operate solely to certify animals without an established therapeutic relationship
• Letters from providers you never actually consulted with in a genuine clinical context
• Forged letters or fabricated signatures
• Pre-printed certificates or ID cards sold as proof of ESA status
• Letters that misrepresent your disability or overstate your need for an animal

There is no official South Dakota ESA registry, and federal law does not require registration. The only required documentation is a legitimate ESA letter from a South Dakota-licensed mental health professional with an established therapeutic relationship. If a website promises instant approval, lifetime validity, or an official registration certificate, it is selling something that has no legal standing in South Dakota.

For additional context on how fraud laws and documentation requirements vary across states, see our guides on emotional support animal laws in Ohio, emotional support animal laws in Illinois, emotional support animal laws in Michigan, and emotional support animal laws in Pennsylvania.

Navigating ESA Laws in South Dakota

South Dakota’s approach to emotional support animals is straightforward once you understand the boundaries. Your strongest protection is in housing: the Fair Housing Act, reinforced by South Dakota’s own statutes, gives you the right to live with your ESA in most rental situations without paying pet fees or facing breed restrictions. Outside of housing, those protections largely disappear.

The state’s 2018 fraud laws add a layer of accountability that benefits honest ESA owners by reducing the abuse that has historically led landlords and businesses to push back on ESA requests. Getting your documentation from a licensed mental health professional in South Dakota who knows you and your condition is not just a legal requirement — it is the clearest way to protect your rights and keep your housing secure.

If you are researching ESA laws in other states, our guides on emotional support animal laws in New Jersey, emotional support animal laws in Wisconsin, emotional support animal laws in Washington, emotional support animal laws in Missouri, emotional support animal laws in Indiana, emotional support animal laws in Tennessee, and emotional support animal laws in Arizona cover the full picture in each of those states.