How to Get Your Emotional Support Animal in South Dakota Certified

South Dakota-ESA

Numerous individuals grappling with the symptoms of emotional disorders find comfort in the companionship of their pets to navigate daily challenges. Conditions like PTSD, depression, and anxiety can make routine tasks an social interactions daunting without the aid of an Emotional Support Animal.

While state and federal laws offer protection for ESA owners in specific situations, there is often a lack of support from certain individuals including landlords. Landlords retain the right to enforce pet restrictions and can evict tenants lacking proper documentation designating their animal as an Emotional Support Animal in South Dakota. Non-compliance with laws governing ESAs may also subject landlords to penalties.

American Service Pets is a strong advocate for the positive impact of ESAs on individuals in need of support. The organization is committed to assisting individuals in qualifying for their animals through services like obtaining a South Dakota ESA letter. This documentation facilities receiving the necessary care without the burden of pet deposits or other fees.

How Emotional Support Animals Can Benefit Their Humans

Both state and federal governments support the recognition of Emotional Support animals as a right for individuals dealing with psychological trauma. Emotional Support Animals can be a variety of animals, including birds, reptiles, or amphibians, so long as they bring comfort and support. In contrast, Psychiatric Service Animals are typically dogs due to their high level of trainability.

Numerous Americans rely on their Emotional Support Animals to aid them in navigating the challenges of everyday life. These furry companions contribute to the well-being of their owners, offering both physical and psychological benefits, including:

Emotional Health Booster

Interacting with pets has a positive impact on your well-being by increasing levels of serotonin and dopamine, the body’s natural mood enhancers. The joyous welcome they give you upon returning home and their constant happiness in your company provides therapeutic benefits.

Non-Medicinal Treatment

Caring for a beloved animal provides health advantages comparable to prescription depression medications but without associated risks. Emotional Support Animals serve as a natural treatment for various symptoms of emotional illness, and they contribute to improved physical health by promoting outdoor activity.

Genuine Support

Given that panic and anxiety attacks can occur unexpectedly, the effects of longterm emotional trauma can be challenging. In times of need, an Emotional Support Animal can be a valuable source of comfort. The innate ability of pets to create smiles, laughter, and heartwarming feelings benefits not only their owners but also those around them.

Some aspects of life can be challenging for people without the support of their Emotional Support Animal in South Dakota. American Service Pets provides a path to ESA certification for those in need.

Laws Surrounding Emotional Support Animals in South Dakota

South Dakota state law recognizes the mental health impacts of unique animals, even if they lack specific training. Comfort animals offer emotional support and companionship, and they differ from Psychiatric Service Animals, which undergo training for lifesaving duties and specialized tasks to aid individuals with disabilities. Due to their distinct roles, PSAs and ESAs are afforded different privileges under the law.

For legal recognition in South Dakota, comfort animals require an authentic ESA letter. While these official letters are accepted nationwide, it’s crucial to note that states may have varying rules. Therefore, it is a good idea to research the rights of ESA owners in a specific state prior to traveling or moving. Here is a summary of key laws in South Dakota:

Housing Laws

In South Dakota, rental tenants cannot be denied housing, charged a pet deposit, or subjected to eviction based on ownership of an Emotional Support Animal. While landlords are entitled to review their tenant’s ESA letter, they are not permitted to demand proof of a mental diagnosis. However, landlords retain the authority to reject a support animal fro rental housing if it is excessively large, poses safety risks, or raises health concerns.

South Dakota-ESA

In South Dakota, it is a crime to provide fraudulent documents expressing the need for a service or support animal. Landlords have the right to evict or fine tenants who attempt to present these documents.

South Dakota-ESA

Public Access

There is no guarantee of public access for an Emotional Support Animal in South Dakota based on state or federal laws. Malls, shopping centers, grocery stores, clothiers, restaurants, and other public places are not legally required to allow their entry. However, the regulations differ for Psychiatric Service Animals as they go through formal training to perform life-saving tasks, granting them different considerations under the law.

Workplace Laws

The Americans with Disabilities Act (ADA) safeguards the rights of individuals to use a Psychiatric Service Animals at work. However, in South Dakota, Emotional Support Animals are not covered by this act. Nevertheless, obtaining an ESA letter could be a crucial factor in convincing a compassionate employer to consider the need for such support.

South Dakota-ESA
South Dakota-ESA

Travel Laws

Emotional Support Animals are no longer allowed in the cabin during air travel. Public transportation services such as buses, trains, and railways are under no legal obligation to board ESAs. Some rideshare companies such as Uber and Lyft have less stringent policies, but you have to check ahead of time. 

American Service Pets proudly provide a simple three-step process to getting an ESA letter for individuals in need of an Emotional Support Animal in South Dakota.

FAQ
The Basics

Does the state have its own laws in addition to federal legislature?

Yes. In addition to following the federal Americans with Disabilities Act (ADA), South Dakota has its own human rights laws that protect service animals and their handlers.

Definition of a "Service Animal"

A service animal is defined by the ADA as a dog that has been individually trained to perform disability-related tasks for the benefit of a person with a disability. Examples of service animals include hearing dogs, guide dogs, psychiatric service animals, and seizure or allergen alert animals.

What is considered a disability in the state?

Disability is defined as a physical or mental impairment that substantially limits a major life activity.

What animals qualify as a service animal?

Service animals are typically dogs, but the ADA does include provisions for trained miniature horses in some cases.

Are there penalties for falsely claiming or implying (such as with a service animal harness), that one's animal is a service animal?

Yes. It is illegal for a tenant to provide fraudulent documentation or falsely claim that an animal is a service animal for rental purposes. South Dakota also allows landlords to evict or fine tenants who misrepresent their need for a service animal when renting.

Do state laws provide coverage for service animals in training?

Yes. A service animal trainer may be accompanied by a service animal in training in public provided the animal is wearing a collar and a leash, harness, or cape that identifies the animal as a service animal in training.

Do state laws provide coverage for Emotional Support Animals?

Neither South Dakota law nor the ADA covers emotional support animals due to the fact that they are not trained the same way service animals are.

FAQ
Public Accommodations & Travel with a Service Animal

What counts as a "public accommodation" in the state? Ie. Where are service dogs allowed?

Under South Dakota’s human rights laws and the ADA, all businesses open to the public must allow people with disabilities to bring their service animals into all areas of facilities where customers are normally allowed to go. This includes but is not limited to restaurants, hotels and motels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, and parks and zoos. The ADA’s definition of public accommodations is also extremely broad.

Can a public establishment question a service animal?

Businesses may only ask whether or not the animal is a service animal and what task(s) it has been trained to do.

Are there any exceptions to public accommodations allowances?

Businesses may ask a person with a disability to remove his or her service animal from the premises if the animal is not housebroken, is out of control, or is posing a direct threat to the health and safety of other patrons.

What are the rules regarding service animals on public transportation?

Transportation also falls under the category of public accommodations, so service animals and their handlers are permitted to have equal access and enjoyment of public transportation.

Are there laws about service animals in the workplace?

Employees can request use of a service animal in the workplace as a reasonable accommodation. The employer should consider the request the way they would any other accommodation request. Some factors that employers may consider when deciding to accept the acccommodation request are whether or not the employee can perform the essential functions of the job and whether the animal’s presence could create undue burden or compromise the fundamental nature of the business.

Are service animals allowed access to healthcare facilities?

Yes, hospitals and medical offices are covered under the umbrella of public accommodations. However, service animals may be barred from entering places within those facilities where their presence may compromise sterility, such as operating rooms or burn units.

Are there penalties for public places that refuse service animals?

Yes, interfering with a service animal or its handler in any way is considered a Class 2 misdemeanor in South Dakota.

South Dakota follows the Air Carrier Access Act (ACAA), which defines a service animal as a dog (regardless of breed or size) trained to do work or perform tasks to assist a qualified individual with a diability, and may include psychiatric service dogs. Minature horses are excluded in this definition.

How do airlines determine what qualifies as a service animal?

Airlines can require a passenger to provide a U.S. Department of Transportation (DOT) form attesting to the animal’s health, behavior, and training and a U.S. DOT form attesting that the animal can either not relieve itself or can relieve itself in a sanitary manner (if the animal will be on a flight that is 8 or more hours).

Are service animals in-training covered by this law?

The ACAA does not address service animals in-training, so airlines are not required to carry them as they do not meet the requirements of an ACAA-defined service animal. However, airlines can make their own individual policies.

FAQ
Housing Law

What are the state's laws regarding housing and service animals?

Both the federal Fair Housing Act (FHA) and South Dakota law prohibit discrimination against tenants who use service animals. Tenants may request the use of a service animal as a reasonable accommodation. In return, landords may ask for documentation from a healthcare professional describing the disability-related need for the animal (if such a need is not readily apparent).

Am I liable for damage caused by my service animal?

Yes. While you cannot be charged additional fees or “pet rent,” you are liable for any damage the animal causes to the property beyond what is considered normal wear and tear.

Do housing laws extend to ESAs?

Yes. ESAs can be requested as a reasonable accommodation as well. Tenants simply need to follow the same procedures as they would with a service animal.

FAQ
Discrimination Complaints

How can I file a complaint for not being allowed in a public accommodation with my service dog?

If you believe you have experienced discrimination in a public setting, you can contact the South Dakota Department of Labor and Regulation. The SDDLR can be reached by calling 605-773-36821. For complaints about discrimination in the workplace, you can fill out this form. Any other form of discrimination in a public accommodation should be reported using this form.

How can I file a complaint for not being allowed to have my service dog in housing (or for being forced to pay a fee to a landlord)?

If you believe you have been discriminated against when it comes to housing, you can contact South Dakota Housing to file a complaint. The organization can be reached by calling 1-800-877-7353. You can also fill out an online form through the U.S. Department of Housing and Urban Development (HUD) or print a form and mail it in to the department’s regional offices.

How to Get Certified for an Emotional Support Animal in South Dakota

American Service Pets offers a fast, easy process to certification for your Emotional Support Animal. Just follow these simple steps:

See if You Qualify

It takes just a few minutes to fill out the American Service Pets questionnaire to determine if you qualify for an Emotional Support Animal!

Get Approved by a Doctor

American Service Pets works with a network of doctor or other licensed mental health providers across the country and works to connect you with a healthcare professional in your area for approval and authorization. Authorization is usually granted within minutes and emailed to you.

Add Your Pet to the National Directory

Add your pet to the national directory of Emotional Support Animals to get a convenient online profile that publicly displays your pet’s status and ESA certification.

95% of our applicants qualify for an ESA letter. You can get yours with American Service Pets today.

The American Service Pets Advantage

American Service Pets has helped over 45,000 Americans qualify for their Emotional Support Animal. Here’s why we’re the right choice for you:

How To Get Your Emotional Support Animal Letter in Wisconsin with American Service Pets

Our simple process alleviates worries about being separated from your animal or being punished for having one. Get started by taking our short online test.

Nationwide Experts in Emotional Support Animal Certification

Securing approval to own an Emotional Support Animal in South Dakota can resolve challenges related to rental housing and potential access denials in other places for your companion. American Service Pets is here to assist pet owners in obtaining he necessary support to prevent separation from their Emotional Support or Psychiatric Service Animal. Take our approval test today and receive a response in less than half an hour.

Disclaimer: We would like to emphasize that while the terms “certification” or “registration” may be used in relation to Emotional Support Animals, there is no official certification process for ESAs or any form of ESA registry as of this date. As such, the use of these terms should not be interpreted as legally recognized designations by government or regulatory authorities. Remember, ESAs can provide a valuable source of comfort and support, but their recognition relies on proper documentation from a healthcare professional and adherence to relevant laws and guidelines.

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