What Are the Emotional Support Animal (ESA) Laws in Hawaii?

In Hawaii, individuals struggling with mental or emotional challenges can legally live with an emotional support animal (ESA), thanks to protections granted under the Fair Housing Act (FHA). This federal law overrides restrictive pet policies, giving tenants the right to housing with their ESA—even in “no pets” buildings.

Tenants with a legitimate ESA letter in Hawaii are protected by the following rights:

• Right to Reasonable Accommodation: Tenants can request the presence of an ESA even in buildings with strict no-pet policies.
• No Pet Fees or Deposits: Landlords cannot charge additional fees or deposits for emotional support animals.
• Confidentiality of Medical Information: Landlords may request documentation, but they cannot ask for medical records or diagnosis details.
• Right to Response: Landlords must respond to an accommodation request in a timely manner—typically within 10 days.
• Protection Against Discrimination: Tenants cannot be evicted or denied a lease due to the presence of an ESA, provided they meet the FHA criteria.

• Invalid or Incomplete Documentation: If the ESA letter is not from a licensed therapist in ESA Hawaii or lacks essential information.
• Direct Threat or Damage: If the ESA poses a safety risk or has caused significant property damage in the past.
• Undue Financial or Administrative Burden: If accommodating the ESA creates unreasonable hardship for the housing provider.
• Owner-Occupied Properties with Four Units or Less: FHA rules may not apply in these small-scale rental scenarios.

In Hawaii, emotional support animals are not protected under the Americans with Disabilities Act regarding workplace accommodations. Thus, employers are not legally obligated to allow ESAs in offices, shops, or corporate environments.

That said, many employers in Hawaii are becoming more open to supporting mental health initiatives and may consider allowing ESAs on a case-by-case basis—especially if the request is reasonable, well-documented, and doesn’t disrupt the work environment.

• Gather Documentation: Get an ESA letter from a licensed therapist.
• Schedule a Meeting: Request a formal discussion with HR or management.
• Explain the Benefits: Highlight how your ESA aids your mental health.
• Propose Solutions: Suggest boundaries like designated areas or crates.
• Offer Alternatives: Propose flexible options if an ESA isn’t feasible.

Unlike service animals, emotional support animals do not have the same legal right to accompany their handlers in all public spaces. Under Hawaii’s ESA laws, your ESA may not be allowed in restaurants, shopping malls, or public transportation unless explicitly permitted by the business or institution.

However, some local businesses are becoming more ESA-friendly, recognizing the mental health needs of residents. Always call ahead or check the business’s pet policy online to avoid inconvenience.

• Kakaʻako Waterfront Park (Oʻahu): A peaceful oceanfront park where leashed ESAs are welcome.
• Lanikai Beach: This tranquil beach is a favorite for early-morning walks with pets.
• The Surfjack Hotel & Swim Club (Honolulu): A pet-friendly hotel known for its casual, animal-loving atmosphere.
• Da HI Brew Café (Kailua): Outdoor seating welcomes ESA dogs.
• Four Seasons Resort Hualalai (Big Island): A luxury pet-friendly resort that offers special amenities for ESA pets.

Since the U.S. Department of Transportation revised the Air Carrier Access Act (ACAA) in 2021, emotional support animals are no longer given special travel privileges. Most airlines now classify ESAs as regular pets, meaning they are subject to pet fees, carrier requirements, and restrictions on cabin travel. Always check your airline’s current pet policy before booking, and prepare documentation in advance to avoid issues at the airport.

Obtaining a valid Emotional Support Animal letter in Hawaii is essential for accessing housing rights and ensuring your ESA is recognized under federal protections. Here’s how you can secure one through a legitimate process:

• Connect with a Licensed Mental Health Professional (LMHP) in Hawaii

  Start by scheduling an appointment with a Hawaii-licensed therapist, psychologist, psychiatrist, or clinical social worker. The provider must be qualified to diagnose emotional or psychological conditions and licensed to practice in the state.

• Undergo a Clinical Assessment

  During the consultation, the LMHP will conduct a thorough mental health evaluation to determine whether your emotional or psychological condition affirms the support of an ESA as part of your treatment plan.

• Receive Your ESA Letter

  If the practitioner determines that an ESA would be beneficial to your mental health, they will issue an ESA letter on official letterhead. This letter must include the provider’s license number, type of license, state of issuance, and confirmation that the ESA is recommended as part of your ongoing care.