North Dakota Makes Faking a Service Dog an Infraction, but Housing Fraud Can Cost You Your Lease and Up to $1,000
November 14, 2026
Fake service dog penalties in North Dakota are lighter than many people expect, but they are real. The state treats a false service dog claim as an infraction, which is the lowest level of offense in the state’s system. A housing version of the same lie can cost you your lease.
This article walks through what North Dakota law says, who it covers, and where a pet owner can get into trouble. It also covers what businesses and landlords may ask, and how the state’s rules sit next to the federal ADA. For a broader look at the state’s rules, see our page on service dog laws in North Dakota.
Is It Illegal to Fake a Service Dog in North Dakota?
Yes. North Dakota law makes it an offense to knowingly claim that a pet is a service animal in order to get into a public place or to get a housing accommodation. The rule sits in Section 25-13-02.2 of the North Dakota Century Code, titled “Service animal – Misrepresentation – Penalty.”
The word “knowingly” matters. The statute targets people who know their pet is not a service animal and say otherwise to gain access. An individual is guilty of an infraction if, in an attempt to gain admission to a public place or obtain a reasonable housing accommodation under section 47-16-07.5, they knowingly make a false claim that a pet is a service animal.
The bill that created the offense was introduced in the 2019 session, and Chapter 25-13 was amended in 2019 to add it. You can read the current chapter on the North Dakota Legislative Branch website.
What Counts as a Service Dog Under North Dakota Law
North Dakota defines a service animal narrowly. For purposes of Chapter 25-13, “service animal” means any dog trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The definition covers dogs only.
A dog that gives comfort by being present, with no task training, does not fit that definition. Neither does a cat, a rabbit, or a bird. The rules differ for housing, where a separate statute covers service and assistance animals more broadly (see the housing section below).
North Dakota also protects people training service dogs. Section 25-13-02.1 covers a trainer and a service animal in training when entering public places. The trainer must tell an onsite manager, wear photo identification from a nationally recognized service animal training program, and accept liability for any damage the dog does.
What Counts as Misrepresenting a Service Dog in North Dakota
Misrepresentation means telling a business or a landlord that your pet is a service animal when you know it is not. The statute reaches two situations: trying to get into a public place, and trying to get a reasonable housing accommodation.
Typical examples include telling a restaurant host that your untrained pet is a service dog, or telling a landlord your dog is a service animal to avoid a no-pets rule and pet fees. Housing has a second path to trouble. A person also commits an infraction by knowingly providing fraudulent supporting documentation in connection with a false disability claim.
An honest mistake is different. A handler whose dog is task-trained but has an off day is not misrepresenting anything. The offense is about the claim, not about how the dog behaves in the moment.
Fake Service Dog Penalties in North Dakota
The penalties depend on where the false claim happens. The table below separates the two tracks.
| Situation | Law | Consequence |
|---|---|---|
| False claim to enter a public place | NDCC 25-13-02.2 | Infraction |
| False claim to get a housing accommodation | NDCC 25-13-02.2 and 47-16-07.6 | Infraction, plus possible eviction and a damage fee |
| Fraudulent disability documentation for housing | NDCC 47-16-07.6 | Infraction, plus possible eviction and a damage fee |
The housing track carries the larger financial risk. If the individual pleads guilty or is convicted, a lessor may evict a lessee and is entitled to a damage fee, not to exceed one thousand dollars, if the lessee provided fraudulent disability documentation. The text is in Chapter 47-16 of the Century Code.
For the exact fine that goes with an infraction under Section 25-13-02.2, check the statute and the North Dakota courts rather than a third-party summary. Our page on service dogs in restaurants in North Dakota covers how the rule plays out in a dining setting.
Is Faking a Service Dog a Crime or a Civil Fine in North Dakota?
It is neither a felony nor a misdemeanor. North Dakota labels the offense an infraction, which sits below a misdemeanor. An infraction does not carry jail time as a standard penalty, and it is handled as a minor offense rather than a serious crime.
The housing side adds a civil element. The damage fee of up to $1,000 and the eviction right belong to the landlord, and they follow a guilty plea or conviction on the infraction. In practice, that means a criminal-court outcome opens the door to a civil remedy.
The reverse situation is treated far more seriously. Anyone who denies or interferes with a service animal handler’s admittance to public places, or otherwise interferes with their rights, is guilty of a class A misdemeanor. The law punishes interference with real handlers more heavily than it punishes fakers.
Pro Tip: If you are a business owner unsure about a dog, do not refuse entry on a hunch. Wrongly denying a real handler is a class A misdemeanor, while a false claim is only an infraction.
Repeat Offenses and Community Service in North Dakota
North Dakota’s service animal misrepresentation statute does not set a separate penalty for repeat offenders, and it does not list community service as a sanction. Some other states do both, but North Dakota’s text is short and sticks to a single infraction.
That does not mean repeat behavior has no consequences. Each false claim is its own event, and a landlord or business can act on each one. A person who lies to a landlord about a service animal and later gets caught again could face a second infraction, along with the housing consequences above.
If you want to see how other states handle repeat offenses, the Animal Legal and Historical Center hosts the full North Dakota statute set for comparison.
Is a Fake Service Dog Vest, ID or Online Certificate Illegal in North Dakota?
Buying a vest or an ID card is not, on its own, a violation under the misrepresentation statute. The offense is the knowingly false claim made to gain admission or a housing accommodation. A vest can become evidence of that claim, but the law does not ban the product.
North Dakota also does not require any vest, ID or registration for a real service dog. Online registries have no legal standing, and a certificate from one proves nothing about training or disability. Handing over such a certificate to a landlord as “documentation” is where the risk begins.
Housing documentation has its own rules. Reliable supporting documentation may come from a physician or medical professional who does not operate in this state solely to provide certification for service or assistance animals. A letter from a certificate-only website does not meet that standard.
Emotional Support Animals vs. Service Dogs in North Dakota
An emotional support animal is not a service dog under North Dakota law. Public access rights belong to service animals as defined in Chapter 25-13, which means trained dogs. An emotional support animal gets no right to enter restaurants, stores or other places that bar pets.
Housing is the one area where emotional support animals get real protection. Section 47-16-07.5 lets a tenant request accommodation for a “service or assistance animal,” and a landlord can ask for reliable supporting documentation when the disability is not obvious. A landlord may not require documentation if the disability or disability-related need is readily apparent or already known.
The state legislature has looked at tightening this area. A bill in the 2025 session proposed new rules on the certification and sale of assistance animals and changes to the chapter’s definitions. Check the legislature’s site for the current text before relying on any proposal.
| Feature | Service Dog | Emotional Support Animal |
|---|---|---|
| Task training | Required | Not required |
| Public access (restaurants, stores) | Yes | No |
| Housing accommodation | Yes | Yes, with reliable documentation |
| Species | Dogs | Various animals |
Fake Service Animals in Housing in North Dakota
Housing is where fake claims cost the most in North Dakota. The state added a specific statute for it, Section 47-16-07.6, titled “Service animals – Housing – Penalties for furnishing fraudulent disability documentation.”
The statute covers two acts: knowingly claiming a disability that requires a service or assistance animal, and knowingly supplying fraudulent supporting documentation. Either is an infraction. After a guilty plea or conviction, the landlord may evict and collect a damage fee of up to $1,000.
Tenants with a real need are protected. A landlord cannot use these rules to refuse a legitimate request, and cannot demand documentation when the disability is already apparent. For more on renting with animals, see our page on pets in apartments in North Dakota.
Liability if a Fake Service Dog Bites or Causes Damage in North Dakota
The misrepresentation statute does not create a special bite rule for fake service dogs. An owner whose dog bites or damages property faces the same civil liability as any dog owner, and the false claim can make a bad situation worse.
A person who passes off a pet as a service dog may also have lost the benefit of the doubt. A business that let the dog in because of the claim, or a landlord who waived pet rules because of it, has a stronger case against the owner. The owner can also face the infraction on top of the damage claim.
Real service dog trainers carry liability too. The trainer of a service animal in training is liable for any damage the animal does to the premises or facility. Any dog owner should treat damage and injury as a cost they will answer for, vest or no vest.
Can Businesses Ask for Proof of a Service Dog in North Dakota?
North Dakota does not require handlers to carry proof, and the state does not issue a service dog ID. Businesses follow the federal ADA rule, which allows two questions when the need is not obvious: whether the dog is required because of a disability, and what work or task it has been trained to perform. The ADA service animal requirements page on ADA.gov spells out those limits.
A business may not ask for a certificate, demand a demonstration, or ask about the person’s diagnosis. Staff may ask a handler to remove a dog that is out of control or not housebroken. A business that goes further and turns away a real handler risks the class A misdemeanor for interference.
- You may be asked the two permitted questions.
- You cannot be required to show a vest, ID or registry card.
- You can be asked to remove a dog that is disruptive or not housebroken.
How to Report a Fake Service Dog in North Dakota
Start with the business or property. A manager can address a disruptive dog, and a landlord can act on suspected fraudulent documentation. Keep the report factual: what was said, what documentation was offered, and what the dog did.
For a housing claim backed by false papers, the landlord is the main enforcer, since the eviction and damage fee in Section 47-16-07.6 belong to them. For a false claim at a business, local law enforcement can take a report, because the offense is a violation of state law.
- Write down the date, place and exactly what was claimed.
- Note whether any document was shown and who issued it.
- Tell the manager or landlord first, calmly and without accusing the person of anything beyond the facts.
- Contact local police if the business cannot resolve it.
Do not confront the handler yourself. Many people with real disabilities have dogs that look untrained, and an accusation made in error can harm a real handler.
How North Dakota Law Compares to the ADA
The ADA is a federal civil rights law, and it does not make service dog fraud a federal crime. North Dakota fills that gap with its own infraction and its housing penalties. The state’s definition also lines up with the ADA’s focus on trained dogs, though the ADA adds a limited rule for miniature horses.
| Topic | North Dakota | ADA |
|---|---|---|
| Covered animals | Dogs | Dogs, plus miniature horses in limited cases |
| Penalty for false claims | Infraction | None at the federal level |
| Housing fraud | Eviction and damage fee up to $1,000 | Handled under fair housing rules |
| Proof required for public access | None | None |
The practical takeaway is simple. A real service dog team has no paperwork burden in public, and a person who fakes it risks a state infraction. If you handle a real service dog, keep your training records and know the two questions you can be asked. For a full overview, see service dog laws in North Dakota.