Understanding Wisconsin’s Fair Housing Act

Under Wisconsin’s FHA, housing providers are required to accommodate tenants with emotional support animals if they have a valid ESA letter. This protection ensures that individuals with support animals cannot be denied housing or face breed restrictions, whether in public housing or private residences.

Key Provisions

Here are the main regulations you need to know as an ESA owner in Wisconsin:

  • ESA Letter Requirement
    To qualify for ESA protections under the FHA, tenants must present a valid ESA letter from a licensed healthcare provider verifying their need for the animal.
  • Reasonable Accommodations
    Housing providers must make reasonable accommodations for tenants with ESAs, even in properties with "no pet" policies, ensuring equal access to housing.
  • Prohibited Fees & Restrictions
    Landlords cannot impose additional pet fees, breed, or size restrictions for emotional support animals, as they are not categorized as pets under the FHA.
  • Limited Inquiry Rights
    Landlords can only ask if the tenant has a disability and whether the ESA serves a disability-related need. They cannot demand details about the disability itself.
  • Liability for Damages
    While pet fees are prohibited, property owners may charge tenants for damages caused by their ESA during their stay.
  • Direct Threat Exception
    Landlords can deny an ESA if it poses a direct threat to others' safety or causes significant property damage beyond reasonable repair.

Wisconsin’s FHA ensures tenants with emotional support animals have equitable housing access while maintaining clear guidelines for landlords and tenants to follow.

Understanding Wisconsin’s Statute 106.50(2r)(br) & 106.50(2r)(bg)

Wisconsin’s fair housing laws ensure that individuals with disabilities can live with emotional support animals without facing discrimination. Under statutes 106.50(2r)(br) and 106.50(2r)(bg), landlords must accommodate tenants with ESAs, even in no-pet housing, and cannot impose additional fees. However, tenants must provide proper documentation and adhere to property rules.

Key protections under Wisconsin law:

Housing Accommodations

  • Landlords cannot deny housing, evict, or bother tenants due to an ESA.
  • ESA protections apply even in properties with no-pet policies.


Fee Restrictions & Tenant Responsibilities

  • Landlords cannot charge pet fees or additional rent for ESAs.
  • Tenants must cover any damages caused by their ESA and maintain cleanliness.


Valid Documentation

  • ESA documentation must be issued by a licensed Wisconsin health professional.
  • Only physicians, psychologists, or social workers within their scope of practice can provide valid ESA letters.

Wisconsin’s ESA Laws For Travel

When it comes to traveling with an emotional support animal, Wisconsin follows the federal Air Carrier Access Act.

However, recent changes in the ACAA have redefined how airlines handle ESAs, requiring passengers to comply with airline-specific policies.

  • Airlines Treat ESAs as Pets
    Airlines are no longer required to classify ESAs as service animals. They are considered pets and are subject to fees, size, and weight restrictions.
  • Carry-On Eligibility
    Small ESAs may qualify as carry-ons if placed in pet-safe carriers and stowed under the passenger's seat.
  • Required Documentation
    Travelers must provide veterinary health certificates, vaccination records, and additional forms required by the airline.
  • Advance Notification
    Passengers must notify the airline in advance about traveling with their ESA to confirm policies and complete any necessary paperwork.
  • Behavior Standards
    Airlines may deny boarding or require ESAs to be returned if they pose a direct threat or fail to remain well-behaved.

While ESAs no longer have the same travel privileges as service animals, planning ahead and adhering to airline guidelines can help secure a smoother travel experience.

Wisconsin’s ESA Public Access & Employment Laws

Emotional Support Animals in Wisconsin do not enjoy the same legal protections as service animals under federal or state law. Public spaces can refuse entry to ESAs unless they generally allow pets, and employers are not obligated to accommodate them in the workplace. However, ESA owners may still benefit from certain housing protections. Knowing these distinctions helps owners exercise their rights responsibly.

  • Limited Public Access: ESAs are not guaranteed entry into businesses or public places unless pets are permitted.
  • Service Animal Distinction: Only trained service animals with specific tasks have full access rights under the ADA and state law.
  • Workplace Requests: Employees can submit an accommodation request, but employers have no legal obligation to allow ESAs.
  • Housing Exceptions: Wisconsin law provides protections for ESAs in housing, forbidding undue burdens or safety concerns.

In essence, while ESAs offer emotional support, their public and workplace access remains restricted under Wisconsin law. Clear communication and proper documentation are key to ensuring smoother proceedings.

Wrapping Up Wisconsin’s ESA Laws

    • Wisconsin's FHA makes certain landlords accommodate ESAs without breed restrictions if a valid ESA letter is provided.
    • The ACAA allowed ESA travel with proper documentation, but owners needed to justify their ESA's role.
    • ADA and Wisconsin law limit ESA access to pet-friendly public spaces, unlike service animals.
    • Wisconsin law prohibits landlords from charging extra fees or discriminating against tenants with ESAs.
    • Tenants with ESAs are responsible for any damages caused by their animals under Wisconsin statutes.
    • Employers cannot discriminate based on disability but are not required to allow ESAs in workplaces.
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  • Fill out our complimentary questionnaire to determine your eligibility.
  • If qualified, you'll be matched with a certified mental health expert based in Wisconsin.
  • Complete the payment, and start the 30-day relationship with your provider, as mandated by Wisconsin law.
  • Get your ESA letter online within 24 hours of approval, with a physical copy delivered within 3 business days.
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