What Are Emotional Support Animal Laws in Arkansas?

Yes! Arkansas ESA laws align with the federal Fair Housing Act (FHA), ensuring that tenants with legitimate ESA letters are protected from housing discrimination. Under these laws, landlords must accommodate ESA owners as long as proper documentation is provided.

However, Arkansas has enacted additional regulations to prevent ESA fraud and ensure that only legitimate ESA letters are recognized. These state-specific guidelines clarify the rights of both ESA owners and landlords, reinforcing the importance of proper documentation.

While the FHA provides federal protections, Arkansas enacted HB1420 to establish stricter ESA regulations and prevent fraud. This law ensures that only licensed mental health professionals (LMHPs) in Arkansas can issue ESA letters, strengthening the legitimacy of ESA documentation.

Under HB1420, an ESA letter must:

• Be issued by a licensed Arkansas mental health professional.
• Be provided only after a 30-day provider-client relationship is established.
• Be renewed annually to remain valid.

This law protects legitimate ESA owners while preventing fraudulent ESA claims and the misuse of ESA status.

• Communicate with your landlord and provide a proper ESA letter.
• Remind them of their obligations under FHA and Arkansas HB1420.
• File a complaint with the U.S. Department of Housing and Urban Development (HUD) for housing discrimination.

Landlords CAN:

• Request an ESA letter from an Arkansas-licensed mental health professional.
• Ensure the ESA letter follows HB1420’s 30-day patient-provider relationship requirement.
• Deny an ESA if it poses a direct threat or causes property damage.

Landlords CANNOT:

• Charge extra fees for emotional support animals.
• Ban specific breeds or size restrictions for ESAs.
• Ask for medical records beyond the ESA letter.

Pro Tip: If your landlord violates Arkansas’s ESA housing laws, document everything (emails, texts, letters) and file a legal complaint.

Unlike service animals, emotional support animals do not have public access rights under the ADA. This means businesses and public places do not have to allow ESAs unless they have a pet-friendly policy.

While Arkansas laws on ESAs don’t guarantee public access, some pet-friendly businesses welcome ESAs! Here are six places where ESA owners can enjoy a stress-free experience:

1. Gulley Park (Fayetteville, AR): A beautiful open park with trails and plenty of space for your ESA.
2. Two Rivers Park (Little Rock, AR): A scenic spot perfect for walks with your emotional support animal.
3. The Meteor Café (Little Rock, AR): A pet-friendly coffee shop with an outdoor patio.
4. Nomads Trailside (Fayetteville, AR): A bar & eatery known for its relaxed, pet-friendly vibe.
5. Lake Catherine State Park (Hot Springs, AR): A nature escape that allows pets on trails.
6. Fassnight Park (Springfield, AR): A great outdoor space where ESAs are welcome.

1. Air Travel with an ESA in Arkansas

   Until 2021, emotional support animals (ESAs) could fly for free under the Air Carrier Access Act (ACAA), but recent Department of Transportation (DOT) rule changes have eliminated this protection. Now, airlines treat ESAs as regular pets, meaning they may charge pet fees and require ESAs to travel in carriers.

2. Buses & Public Transit in Arkansas

   Public buses and transit systems, including Greyhound and local Arkansas transit services, are NOT required to accommodate ESAs. Only service animals are allowed on public transportation without restrictions. ESA owners must follow individual carrier policies, which often classify ESAs as pets and may prohibit them unless confined in a carrier.

3. Train Travel & Amtrak’s ESA Policy

   Amtrak and other train services do not allow ESAs onboard. Only service animals are permitted under federal law. If traveling with an ESA, you may need to use an approved pet travel program, which limits pet size, requires reservations, and often charges additional fees.

4. ESAs in Rideshares & Taxis

   Uber, Lyft, and taxis in Arkansas are not legally required to accept ESAs. Unlike service dogs, which must be accommodated under ADA rules, ESAs fall under each driver’s discretion. Some Uber and Lyft drivers may allow ESAs, while others may refuse. If traveling with an ESA, always check with the driver first or opt for pet-friendly ride options when available.

Under state law HB1420, obtaining an Arkansas ESA letter requires following strict guidelines to ensure legitimacy. Here’s a step-by-step breakdown of the process:

Step 1: Consult a Licensed Mental Health Professional (LMHP)

To qualify for an emotional support animal in Arkansas, you must first schedule a consultation with a licensed mental health professional (LMHP) within the state. This can be a psychiatrist, psychologist, therapist, or another certified professional authorized to issue ESA letters.

Step 2: Establish a 30-Day Relationship

Arkansas law requires you to have an ongoing professional relationship with your LMHP for at least 30 days before they can write you an ESA letter. This ensures that your need for an ESA is properly evaluated and documented.

Step 3: Undergo an ESA Evaluation

During this period, your LMHP will assess whether an ESA is necessary for your mental or emotional well-being. They will consider factors like anxiety, depression, PTSD, or other mental health conditions that qualify for ESA support.

Step 4: Receive Your ESA Letter (If Approved)

If your LMHP determines that an ESA would benefit your condition, they will issue a legally valid ESA letter. This document must:

• Be written on the LMHP’s official letterhead.
• Include their license number and contact details.
• Clearly state your need for an ESA.

Yes! Arkansas law requires that ESA letters be renewed every year. Your licensed mental health professional (LMHP) must re-evaluate your condition and issue a new letter annually to ensure your ESA protections remain valid.

Important Note: Beware of fake ESA letter services online. Only letters from a legitimate Arkansas-licensed LMHP will be recognized under the Fair Housing Act.

• Service Dogs (including psychiatric service dogs) are trained to perform tasks for individuals with disabilities and have full public access rights under the ADA.
• Emotional Support Animals (ESAs) provide comfort but are not trained for specific tasks, so they do not have public access rights.