HUD withdrew its 2020 assistance-animal guidance (FHEO-2020-01) in April 2026, and a May 22, 2026 memo narrowed federal enforcement to animals trained to perform disability-related tasks. The Fair Housing Act itself was not amended, and state laws may still protect emotional support animals.
If the animal is helping you handle anxiety, depression, PTSD, or any other psychological disorder, you would likely want to be sure where Arizona laws stand in this regard. Is it possible for a landlord in Phoenix, Tucson, or Scottsdale to refuse your pet because of a no-pets policy? Do you have to pay pet rent? Are you able to bring your pet with you to work, to the restaurant, or on a plane from Sky Harbor?
There is a special state-level law for Arizona related to emotional support animals (ESA) in the housing sector. In 2025, House Bill 2068 was adopted, and the definition of “assistance animal” was changed according to the new Arizona Fair Housing Act, thus making the situation particularly relevant in 2026 after HUD rolled back its federal ESA guidance in May. However, ESA laws outside the realm of housing remain limited in 2026.
This guide provides information on what an owner of an ESA can and cannot do in Arizona, how to request housing accommodation, and what documentation is acceptable.
What Is an Emotional Support Animal?
An emotional support animal offers solace and companionship to someone who is experiencing mental or emotional disorders. There are no requirements for the training of the emotional support animal because its presence alone acts as therapy.
Most emotional support animals are either dogs or cats, although other animals may be used as well. According to Arizona’s statute, an “assistance animal” means any animal that is trained or not trained that works, performs tasks, provides assistance or emotional support to the benefit of a person with a disability. An animal that fits in well with your house is more acceptable to your landlord.
Conditions That May Qualify
A licensed mental health professional decides whether an ESA is appropriate after a real evaluation. Clinicians commonly consider conditions such as:
- Anxiety and panic disorders
- Depression
- PTSD, including among veterans
- Bipolar disorder
- ADHD
- Social anxiety and phobias
- Autism spectrum disorder
A diagnosis alone doesn’t guarantee approval. Your provider looks at how your condition affects daily life and whether an animal helps ease your symptoms.
How an ESA Can Help
Many people say their animal helps them:
- Feel calmer during stressful moments
- Keep a steady routine through walks, feeding, and play, even through long summers
- Feel less lonely or isolated
- Feel a sense of purpose and responsibility
- Stay grounded when symptoms flare
An ESA doesn’t replace therapy or medication, but it can be a meaningful part of your support system.
ESA vs. Service Animal vs. Psychiatric Service Dog
There are many misconceptions about these terms, and the legal implications are very important.
Emotional Support Animal (ESA): Companion that offers comfort and emotional support. Task training is not needed. Protection under the law is mostly limited to housing.
Service animal: A service animal is an animal (dog or miniature horse) individually trained to perform work or tasks for the benefit of a person with a disability under the Americans with Disabilities Act (ADA). The act of providing comfort alone does not qualify as a trained task.
Psychiatric Service Dog (PSD): A specially trained dog used to assist a person with a mental health condition, such as stopping a panic attack, deep pressure therapy, and medication reminders.
Service animals have public access rights, while ESAs do not.
Arizona Emotional Support Animal Laws at a Glance
Arizona’s rules come from several places:
- Fair Housing Act (FHA): A federal act that bars discrimination against persons with disabilities in housing and mandates reasonable accommodation.
- Arizona Fair Housing Act (A.R.S. § 41-1491 and following): An act that incorporates federal fair housing protections and is enforced by the Civil Rights Division of the Arizona Attorney General’s office.
- House Bill 2068 (2025, Chapter 191): Amended § 41-1491 by redefining terms and adding provisions regarding landlord liability.
- Arizona law relating to service animals (A.R.S. § 11-1024): The state law concerning the protection of service animals in public places and misrepresentation of service animals.
Finally, Arizona has issued civil rights guidelines related to service, support, and assistance animals. According to these guidelines, a support animal is an animal that assists in emotional support for a person with a disability.
What HB 2068 Does
HB 2068 passed with bipartisan consensus and became effective in September 2025. Simply put, it:
- Identifies an assistance animal as a trained or untrained animal that does work, provides assistance, performs tasks, or provides therapeutic/emotional support for the benefit of an individual with a disability as part of the Arizona Fair Housing Act
- Identifies a service animal as a dog or a miniature horse individually trained to do work or perform tasks for a person with a disability
Exempts a landlord from any liabilities for an injury or damage resulting from the assistance animal or service animal that he/she allowed as a reasonable accommodation - Protects the rights of the tenants. Liability protection does not impair or abridge the rights of the individual with disabilities in accordance with Arizona fair housing law.
In other words, for tenants, the statute of their state now officially acknowledges emotional support animals in housing. For landlords, it means that they are not liable for the harm done by a reasonable animal.
ESA Housing Rights in Arizona
How Reasonable Accommodations Work
Under federal and Arizona law, housing providers must consider reasonable accommodations for people with disabilities. That can include allowing an assistance animal in a building with a “no pets” policy.
In practice, an ESA owner can ask a landlord to:
- Allow the animal despite a no-pets rule
- Make an exception to breed or weight limits
- Waive pet deposits, pet rent, and pet fees
These are requests the landlord must seriously consider, not automatic entitlements.
Which Housing Is Covered?
Generally covered:
- Most rental housing, including apartments, condos, and many rented houses
- Many HOA communities
- Student housing, including dorms and university apartments
Federal exemptions (limited):
- Owner-occupied buildings with four or fewer units
- Single-family homes sold or rented by the owner without a broker
- Certain housing run by religious organizations or private clubs for their members
State law has its own scope and exemptions, so check how they apply to your situation.
What Can an Arizona Landlord Ask For?
When your disability or your need for the animal isn’t obvious, a landlord may ask for reliable documentation showing:
- That you have a disability, and
- That the animal is needed because of that disability.
A letter from a licensed mental health professional who has evaluated you typically fits the bill. A landlord generally cannot demand your diagnosis or full medical records, and can’t require an ESA to be trained, certified, or registered.
When an Arizona Landlord Can Say No
Housing protections have limits. A landlord may deny or revoke a request when, for example:
- The specific animal poses a direct threat to the health or safety of others that can’t be reduced
- The animal would cause substantial physical damage to the property that can’t be reasonably addressed
- The request would impose an undue financial or administrative burden or fundamentally change the nature of the housing
These decisions must be based on the individual animal’s behavior, not assumptions about its breed or size. For example, a very large animal in a small studio may not be a reasonable request. If you want more than one ESA, a landlord may consider the combined impact on the home, so be ready to explain why each animal is needed.
Pet Fees and Deposits: What Changed in 2026
Over the years, ESA owners have been assured that a legitimate letter means no pet rent or fees. It is no longer the case.
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) revoked its 2020 guidance on emotional support animals. According to HUD, animal-related accommodation requests will be evaluated under the ADA’s training standard, and housing providers no longer need to automatically agree to requests, including fee waivers, for untrained animals. In addition, Henderson v. Five Properties, LLC (E.D. La.), a federal court case held in 2025, implied that tenants seeking a fee waiver might be required to prove the reasonableness and necessity of it.
For Arizona tenants:
- HB 2068 is state law. It recognizes emotional support animals in the Arizona Fair Housing Act, so your protections don’t depend on HUD’s guidance.
- The statute doesn’t spell out an automatic fee waiver, so treat a fee waiver as a request you document clearly.
- Private lawsuits under the Fair Housing Act remain available, generally within two years.
- Landlords may still cite the federal change. If yours does, point to HB 2068 and the Arizona Fair Housing Act.
You’re also responsible for damage your animal causes, and with the landlord liability shield, you’ll likely bear any responsibility for injuries too.
What to Do If Your Request Is Denied
- Ask for the reason in writing.
- Review your documentation. Make sure it’s recent, signed, and from a licensed professional who evaluated you.
- Offer reasonable solutions, such as agreeing to follow rules about noise, waste, and supervision.
- File a complaint. You can contact the Arizona Attorney General’s Civil Rights Division or HUD. Deadlines apply, so don’t wait too long.
- Consider legal advice. A tenant attorney or fair housing organization can explain your options.
ESA Letter vs. Registration or Certificate
This is where many people lose money.
There is no official ESA registry or certification in Arizona or anywhere in the U.S. Certificates, ID cards, vests, and “registration numbers” sold online carry no legal weight, however official they look.
What landlords look for is an ESA letter from a licensed provider who has genuinely evaluated you.
What a Legitimate ESA Letter Typically Includes
- The provider’s name, license type, license number, and signature
- The date the letter was issued
- A statement that you have a disability and a disability-related need for the animal
- A statement that the animal helps ease symptoms of your condition
- Contact information so a landlord can verify the letter if needed
- A good letter doesn’t need to disclose your diagnosis. Many landlords prefer a recent letter, so keep yours current.
Red Flags to Avoid
- “Instant approval” with no live evaluation
- Sellers pushing certificates, registration, or vests as the main product
- Providers who aren’t licensed in your state
- Letters with no license or contact information
How to Get an ESA Letter in Arizona
- Complete an assessment. Share how your condition affects you and how an animal supports you.
- Meet with a licensed professional. A clinician licensed to practice in Arizona evaluates whether an ESA is appropriate for you. This can often be done through telehealth. Reputable providers never guarantee approval, because an honest evaluation comes first.
- Receive your letter. If you qualify, you’ll get documentation to share with your landlord.
If you don’t already have a therapist, Healify Clinic can connect you with licensed mental health professionals who review your situation and provide ESA documentation when you qualify, with no registry gimmicks.
ESAs in Arizona Student Housing
Arizona colleges and universities generally treat ESAs as a housing accommodation under fair housing law. Students typically need to:
- Submit documentation from a licensed provider
- Receive approval before the animal moves in
- Follow campus rules on vaccinations, cleanliness, and behavior
Approval usually covers your residence only, so your ESA generally can’t come to classrooms, libraries, or dining halls. Roommates may be consulted. Contact your school’s disability services or housing office early, since processes and deadlines vary.
Can You Take Your ESA to Work in Arizona?
By no means. The law does not oblige employers in Arizona to provide ESA access, and the ADA recognizes ESA as not a service animal. The letter for an ESA will not help you gain any employment rights.
Employers should provide reasonable accommodation through the interactive process according to the ADA and Arizona Civil Rights Act. There may be some employers willing to accommodate an ESA, but that is not mandatory for them. Should you be willing to ask:
- Put your request in writing and explain what benefits this animal brings to your performance.
- Provide some solutions, such as a designated place of work or a trial period.
- Get ready for questions on the behavior of your ESA, allergies of coworkers, etc.
- There are limitations, and employers can put restrictions in certain settings, e.g., food service, health care, industrial areas.
Public Access: Where ESAs Are and Aren’t Allowed

Service animals are allowed under the ADA as well as the service animal statute of Arizona. However, these pieces of legislation do not demand public accommodation for emotional support animals, and a letter is no exception.
Some organizations may be welcoming towards pets and accept them, but this is a business decision on their part. Your animal might be removed from any location if it acts out of control and disruptively, regardless of its designation as an ESA. Consider also the safety of your animal in the high temperatures of Arizona; do not keep your animal in a parked car, nor walk it on very hot pavements.
Flying With an ESA From Arizona
Starting in 2021, airlines have stopped following any federal requirements that compel airlines to consider ESAs as service animals. Under the Air Carrier Access Act, only service dogs will be considered service animals. Airlines today regard ESAs as pets, meaning your animal may have to ride in a carrier, comply with the size limits, and pay a pet fee. Your ESA letter does not guarantee that your ESA is entitled to fly in the cabin.
If you are flying from Phoenix Sky Harbor, Tucson, and Mesa Gateway airports, then it is important that you check the pet policy of your airline, especially regarding any pet restrictions during summer months because of heat considerations. Buses, trains, and light rail services also regard ESAs as pets.
Arizona’s Penalty for Misrepresenting a Service Animal
It is against the law in accordance with A.R.S. § 11-1024 to knowingly misrepresent an animal as a service animal in a public place or business. The violation will attract a civil penalty of up to $250 for each offense. The violations include pretending an ESA is a service dog by entering a store and claiming that the animal is a service animal.
For further information regarding the wording and penalties involved, you may refer to the law or an attorney. The basic principle here is to be truthful to your provider and under no circumstances pretend that your ESA is a service animal.
Your Responsibilities as an ESA Owner
Rights work best when paired with good habits. Under Arizona’s landlord liability provision, you’re likely to be the one responsible if your animal causes injury or damage. Landlords are also far more cooperative with tenants who:
- Keep their animal under control in common areas
- Clean up after the animal promptly
- Keep vaccinations and local licensing current
- Address noise and behavior problems quickly
- Pay for damage the animal causes
- Respect neighbors, including those with allergies
Tips for a Smooth Housing Request
- Tell your landlord early, ideally before signing the lease or before the animal moves in.
- Put your request in writing and attach your ESA letter.
- Be specific about what you’re asking for, such as permission to keep the animal and a fee waiver, and explain why.
- Cite HB 2068 and the Arizona Fair Housing Act if a landlord says the federal rules changed.
- Choose an animal that fits your home. Size, noise, and species all affect how reasonable a request seems.
- Keep copies of everything.
- Stay courteous. Most disputes resolve when both sides understand the rules.
Final Thoughts
The Arizona ESA laws boil down to some basic factors. The first place where your rights are guaranteed lies in the realm of housing, which, thanks to the federal Fair Housing Act and the Arizona Fair Housing Act, has been revised via the bill HB 2068 to mention ESAs in 2025. However, the tenants are responsible for requesting and justifying the fee waivers in spite of the fact that the rights of ESAs have not been abolished by the HUD in 2026. ESAs do not have any guaranteed rights either in the workplace, publicly, or on air travel. The letter of a professional is essential.
If an emotional support animal is part of your mental health care, start with the right paperwork. You can begin at Healify Clinic’s ESA letter page.
Frequently Asked Questions
1. What is Arizona’s HB 2068?
It’s a 2025 law that updated the Arizona Fair Housing Act to define “assistance animal” as including trained or untrained animals providing emotional support. It also shields landlords from liability for injuries or damages caused by an assistance animal allowed as an accommodation.
2. Do I need to register my ESA in Arizona?
No. Arizona and the federal government have no ESA registry or certification. Online certificates and ID cards carry no legal weight. A letter from a licensed provider who evaluated you is what landlords look for.
3. Can an Arizona landlord charge pet fees for my ESA?
Possibly. You can request a fee waiver as a reasonable accommodation, but the statute doesn’t guarantee one, and after HUD’s May 2026 change, waivers aren’t automatic. Landlords may weigh whether the request is reasonable and necessary.
4. Can a landlord deny my ESA in Arizona?
Only on rare occasions. The landlord could say “no” if such an animal is a direct danger, causing damage, or an unreasonable burden. Breed or size is not sufficient reason alone. Consult the Civil Rights Division of the Arizona Attorney General or HUD.
5. Can I bring my ESA to restaurants, stores, or work in Arizona?
No. Public accommodation laws do not apply to ESAs, but only to trained service animals. The ESA letter does not change this situation. Your employer does not have to permit ESAs to work with you.
6. What happens if I pass off my ESA as a service animal in Arizona?
Misrepresenting your ESA as a service animal in a public place may cost you a civil penalty up to $250 for each violation, as stated in A.R.S. § 11-1024. ESAs and service animals are different legally, so never confuse them.