What Are Emotional Support Animal Laws in Wisconsin?

• Emotional support animal laws in Wisconsin protect ESA owners from discrimination in housing.
• Landlords cannot charge pet fees or deny housing solely because of an ESA.
• Wisconsin laws regarding emotional support animals (ESAs) do not grant public access rights—only service animals are permitted in public spaces.
• Tenants must provide valid ESA documentation from a licensed professional.

ESA laws in Wisconsin primarily protect emotional support animals under federal housing laws, particularly the Fair Housing Act (FHA). This means landlords cannot deny housing or discriminate against tenants with an ESA if they meet the legal requirements.

While emotional support animal housing laws in Wisconsin provide protections, ESA owners must also understand workplace policies, travel regulations, and public access rules to fully exercise their rights.

To qualify for housing protections under Wisconsin’s ESA laws, tenants must provide a valid ESA letter from a licensed mental health professional (LMHP). This letter must:

• Be written by a licensed therapist, doctor, or psychiatrist
• Confirm that you have a mental health condition
• Explain that your ESA provides necessary emotional support to help manage your condition

Without a valid ESA letter, landlords are not required to approve an ESA request.

• Landlords must allow ESAs, even in no-pet buildings.
• They cannot charge pet fees or deposits for an ESA.
• They can ask for an ESA letter but cannot demand medical records.
• They can deny an ESA if it poses a safety risk or causes excessive damage.

If a landlord violates ESA laws, tenants can file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Unlike service animals, emotional support animals laws in Wisconsin do not guarantee ESA access in the workplace. Under the Americans with Disabilities Act (ADA), employers must provide “reasonable accommodations” for employees with disabilities, but this does not include allowing ESAs.

However, some employers may allow ESAs on a case-by-case basis. If you believe an ESA is essential for your mental health at work, consider:

• Requesting accommodations under the ADA.
• Providing documentation from a licensed professional.
• Exploring alternative solutions, such as remote work or flexible scheduling.

Employers have the right to deny an ESA request, but they must engage in an interactive discussion to explore reasonable accommodations for your condition.

In the past, emotional support animals were allowed to fly for free under the Air Carrier Access Act (ACAA). However, a rule change in 2021 means airlines no longer classify ESAs as service animals. Instead:

• Most airlines now require ESAs to travel as pets, either in the cabin (if they meet size restrictions) or in the cargo hold.
• ESA owners may need to pay pet travel fees, and airline policies vary.
• Always check with the airline before booking, as Wisconsin ESA laws do not override federal airline regulations.

Amtrak does not classify emotional support animals as service animals and treats them as regular pets under its pet travel policy. Passengers traveling with ESAs must follow Amtrak’s pet guidelines, which include:

• A pet fee for each ESA traveling on board.
• Small pets (dogs and cats) are allowed only on select trains.
• The combined weight of the pet and its carrier must be under 20 pounds.
• Each passenger may bring only one pet and must ensure the pet remains inside its carrier.

Service animals, however, are permitted on all Amtrak lines without these restrictions.

As ESAs are not classified as service animals, each bus company or transit provider sets its own rules regarding their acceptance. Some may allow ESAs if they remain inside a carrier, while others may have stricter policies that prohibit them entirely. If you’re planning to travel by bus with your ESA, it’s best to check with the specific transit provider in advance to avoid any issues.

However, some ESA-friendly businesses in Wisconsin openly welcome emotional support animals.

• Kimpton Journeyman Hotel (Milwaukee): A pet-friendly luxury hotel that welcomes ESAs.
• Madison Sourdough Café (Madison): A local café with ESA-friendly outdoor seating.
• Riverside Park (La Crosse): A scenic riverside park perfect for ESA owners.
• Lazy Dog Restaurant & Bar (Brookfield): A pet-friendly restaurant with outdoor dining.
• Granville Dog Park (Milwaukee): An off-leash park where ESAs can roam freely.

While these locations are known to be ESA-friendly, it is always best to call ahead and confirm their policies before visiting.

• Housing Access: Colleges cannot deny ESAs in dorms or campus housing.
• No Pet Fees: Schools cannot charge extra fees, but students are responsible for damages.
• Limited Campus Access: ESAs are usually restricted to housing and not allowed in classrooms, dining halls, or other public spaces.

Universities may set reasonable rules, such as requiring ESAs to be well-behaved and non-disruptive. If a student faces discrimination, they can file a complaint with the disability services office or HUD.

1. Consult a Licensed Mental Health Professional (LMHP): Schedule an appointment with a Wisconsin-licensed therapist, psychiatrist, psychologist, or doctor.
2. Undergo a Mental Health Evaluation: During the consultation, the LMHP will evaluate whether an ESA is necessary to support your emotional or mental well-being. They may ask about your symptoms, medical history, and how an ESA would assist in managing your condition.
3. Receive a Legally Valid ESA Letter: If the LMHP determines that an ESA would benefit your mental health, they will issue a formal ESA letter. This document must include:
   • A statement confirming that you have a qualifying mental or emotional condition.
   • An explanation of how an ESA helps alleviate symptoms.
   • The professional’s credentials, license number, and contact details.
   • The date of issue and signature of the LMHP.