Montana’s Emotional Support Animal Laws
Walk through any Montana neighborhood with rental properties, and you’ll likely spot them: the quiet cat watching from a window in a “no pets” building in Bozeman or the pup roaming the lobby of a Missoula apartment complex that doesn’t allow dogs. Emotional support animals exist in a unique legal category that has confused some Montana landlords and tenants for years.
In response, the Montana legislature passed Montana Code Annotated 70-24-114 to help residents understand how ESAs should work. We’ll explain these rules in plain English.
In this article:
- ESA rights under Montana Code 70-24-114
- ESA letter requirements under Montana Code 70-24-114
- FAQ about Montana ESA laws
ESA Rights Under Montana Code 70-24-114
Montana’s ESA law and the federal Fair Housing Act protect owners of emotional support animals from housing discrimination. These laws give Montana residents the following rights:
- The ability to request a reasonable accommodation to keep an ESA in housing, including “no pets” properties (MCA 70-24-114(1))
- Protection from discrimination based on disability or disability-related need for an emotional support animal
- No required disclosure of specific diagnosis or severity of disability (MCA 70-24-114(4)(a))
- Right to receive a written determination from the landlord after submitting documentation (MCA 70-24-114(4)(b))
- Exemption from standard pet restrictions when a legitimate disability-related need exists
ESA Letter Requirements Under Montana Code 70-24-114
Under Montana’s ESA statute, residents must provide a proper ESA letter from a qualified healthcare provider to get the benefits of ESA ownership. To be valid in Montana, ESA documentation must meet these criteria:
- Come from a mental health professional who has established a client-provider relationship with the tenant for at least 30 days prior to providing documentation (MCA 70-24-114(10)(b)(i))
- Be based on a clinical evaluation specifically regarding the need for an emotional support animal (MCA 70-24-114(10)(b)(ii))
- Include the effective date, license number, and type of professional license held by the healthcare provider (MCA 70-24-114(2)(b)(i))
- Be from a provider acting within their scope of practice (MCA 70-24-114(10)(b)(iii))
Montana law specifically states that online registrations, ID cards, patches, or certificates for emotional support animals are not, by themselves, sufficient to establish a disability-related need (MCA 70-24-114(5)). This means those quick online certificates won’t satisfy Montana’s requirements.
FAQ About Montana ESA Laws
What privacy rights do I have as an ESA owner in Montana?
Montana Code 70-24-114(4)(a) protects your medical privacy by prohibiting landlords from requesting information that would disclose your specific diagnosis, the severity of your disability, or any medical records relating to your disability. Landlords cannot require this information as part of your ESA accommodation request.
Can my landlord charge me pet fees or deposits for my ESA?
No. Under federal Fair Housing regulations that work alongside Montana’s law, emotional support animals are not considered pets. Therefore, landlords cannot charge pet deposits, monthly pet fees, or other charges specifically because you have an ESA. However, you remain responsible for any damage your ESA causes to the property or others as explicitly stated in Montana Code 70-24-114(6).
Can my Montana landlord deny my ESA request if I have proper documentation?
A landlord can only deny your properly documented ESA request in limited circumstances. Montana Code 70-24-114(2)(a) allows denial if your specific animal poses a direct threat to the safety or health of others, or if it poses a direct threat of property damage that cannot be reduced through other reasonable accommodations.
Do I need to register my emotional support animal in Montana?
No. Montana Code 70-24-114(5) specifically states that ESA registrations, ID cards, patches, or certificates are not, by themselves, sufficient to establish that you have a legitimate need for an emotional support animal. The only valid documentation is an ESA letter from a qualified healthcare provider as defined in the law.
Can I have multiple emotional support animals in Montana?
Yes, Montana law doesn’t limit the number of emotional support animals you can have. However, Code 70-24-114(3) requires that you provide appropriate documentation for each animal.
Does Montana’s ESA law apply to service animals, too?
No. Montana Code 70-24-114(8) specifically states that these provisions do not apply to service animals as defined in Montana Code 49-4-203. Service animals are working animals trained to perform specific tasks for people with disabilities and are covered under different laws with additional protections.
How does Montana’s law interact with federal housing laws?
Montana Code 70-24-114(9) explicitly states that nothing in the Montana ESA law restricts existing federal laws related to reasonable accommodations and equal access to housing. This means protections in the federal Fair Housing Act and Americans with Disabilities Act still apply to Montana residents in addition to state-specific protections.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
Related Articles
What Should You Do If You Are Discriminated Against Because You Have A Service Dog?
If you believe that you have been discriminated against because of your service dog, you will need to present facts in order to file a complaint. You should be able to do that by documenting what happened. Writing everything down will help because you won’t be able to remember all the details when you do get […]
Read More
Emotional Support Animal Laws
If you live in any state in the U.S. the Fair Housing Act is a federal law (meaning it applies across the country) that guards your rights as the owner of an emotional support animal. Your state might even have its own laws for extra protection. This guide will explain current laws and how they […]
Read More
Service Dog Requirements
The ADA defines a Service Animal as a dog individually trained to perform tasks or do work for the benefit of a person with a disability. A disability can be a physical impairment, but the ADA also includes mental illnesses that substantially limit one or more major life activities, such as depression, severe anxiety, or […]
Read More
Latest Posts
Service Dog Etiquette
If you haven’t been around service dogs often, you may have questions about how to behave with the dogs and their handlers. In general, common sense is a good guide, but the following tips may be helpful: In this article: Focus on the Handler, Not the Dog When you encounter a person with a service […]
Read More
How to Bring a Service Dog on Carnival Cruise
Yes, you can indeed bring your fully trained service dog aboard a Carnival Cruise. Here are 5 steps to take to bring your service dog on Carnival: If you want your cruise to be carefree, you’ll need to do a great deal of planning. That’s not only because of the rules Carnival has in place, […]
Read More
Dangerous Materials Hiding in Your Dog Products
Jake’s German Shepherd began developing strange rashes around his collar. Three vet visits later, they figured out the leather was treated with chromium — a chemical that irritates sensitive skin. Jake had no idea his dog’s collar contained industrial chemicals. Most dog owners don’t know what goes into the products they buy. Many companies use […]
Read More