# ESA Letter in Fairbanks, AK: A Deposit Exemption for Trained Animals

> A Fairbanks ESA letter meets AS 34.03.070 first, a pet-deposit law that exempts only trained animals. What the statute allows, and what federal law takes away.

- Source: https://supportanimal.com/blog/alaska-emotional-support-animal/fairbanks/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-09-19
- License note: informational content; not legal or medical advice.

**In short:** In Fairbanks, where six households in ten rent, AS 34.03.070(h) lets a landlord take an extra pet deposit of up to one month's rent and exempts only an 'individually trained' service animal (AS 34.03.070(i)(2)). An ESA falls on the pet side of that line, but the federal Fair Housing Act forbids pricing the accommodation, so expect to win on federal law, not state law.

## Key facts

- Population: 31,732
- Households renting: 60.2%
- Typical pet deposit (as a pet): Pet extra: 1 month max
- Typical pet rent (as a pet): Not set by statute
- Breed/weight limits common: yes
- Pet fees, deposits and breed or weight limits with a qualifying reasonable accommodation: may be waived or modified, not automatically void (FHA reasonable accommodation)

## How many Fairbanks households rent compared with Juneau?

Fairbanks and Juneau are near twins on paper. The Census Bureau's Vintage 2024 estimates count
31,732 people in Fairbanks and 31,572 in Juneau. Then look at who owns the roof. On the Bureau's
2020-2024 American Community Survey five-year estimates, 7,262 Fairbanks households rent (plus or
minus 814). Juneau has 4,792 (plus or minus 380). The two ranges never meet.

Put another way, 60.2 percent of the city's 12,071 occupied homes are rented, against 33.2 percent
across Alaska. Among the state's twenty largest cities, only Unalaska has a higher renter share.
Median gross rent in Fairbanks is $1,496 (plus or minus $81), above the statewide $1,419.

When six households in ten have a landlord, an animal is mostly a lease problem. And in Alaska the
lease problem runs into a single sentence of state law, the one that sets the pet deposit.

## What extra deposit can a Fairbanks lease charge for a pet?

The Alaska Landlord and Tenant Act caps an ordinary security deposit and prepaid rent at two months'
rent under **AS 34.03.070(a)**. Subsection (h) then adds a second pot. A landlord "may demand or receive
an additional security deposit from a tenant who has a pet on the premises that is not a service
animal."

Two limits come with it. The pet money "may not exceed the periodic rent for one month", and it
"shall be accounted for separately from prepaid rent or a security deposit" and used only for
"damages that are directly related to the pet of the tenant." On a Fairbanks median rent of $1,496,
that is up to $1,496 held on top of everything else.

For a dog or a cat that is simply a pet, all of this is lawful. Nothing on this page argues otherwise.

## Does Alaska's service animal deposit exemption cover an ESA?

The exemption in subsection (h) covers "a service animal", and **AS 34.03.070(i)(2)** says what that
means: "an animal that is individually trained to do work or perform tasks that are directly related
to and for the benefit of an individual with a disability."

An emotional support animal has no such training. It helps by being present, calming, grounding and
steadying a person whose condition makes daily life harder. So read on its own, Alaska's statute puts
an emotional support animal on the pet side of the line, and a landlord could take the extra month.

This is the trap Alaska sets. No other sentence in the Alaska Statutes speaks to animals in rented
housing, and a search of every title for "emotional support" returns nothing at all.

## What does Alaska's landlord-tenant handbook say about ESA pet deposits?

The State of Alaska does not leave it there. Its Department of Law publishes the handbook "The Alaska
Landlord & Tenant Act: What It Means to You", and after quoting the trained-animal definition it adds
footnote 15: "Note that the Federal Fair Housing Act also prohibits charging a pet deposit for a
service animal or a support animal, which includes animals that provide therapeutic emotional support
for individuals with disabilities."

Notice what the footnote does and does not claim. It does not say Alaska law forbids the deposit. It
says federal law does. The federal sentence is **42 U.S.C. § 3604(f)(3)(B)**, which treats as
discrimination a refusal "to make reasonable accommodations in rules, policies, practices, or
services" when the accommodation may be necessary for a person with a disability to use and enjoy a
home. Letting the animal live there is the accommodation. Charging a deposit as its price turns the
yes back into a no.

## Why might a Fairbanks property manager still ask for a pet deposit?

A Fairbanks property manager who asks for the pet month is often reading the one statute they know,
and reading it correctly. The handbook's answer sits in a footnote. So expect the conversation, and
expect to win it on federal law rather than state law.

Two edge cases matter here. First, **AS 34.03.070(a)** ends: "This section does not apply to rental
units where the rent exceeds $2,000 a month." Above that figure the state's deposit caps, the pet
month and the refund rules all fall away together, but the federal duty does not. Second, the Act lets
a landlord refuse a sublease over "proposed maintenance of pets" under **AS 34.03.060(d)(5)**. That is
pet language too, and it does not decide an accommodation.

## What can a Fairbanks renter do if the landlord refuses the ESA outright?

Alaska's Human Rights Act bars refusing to rent because of disability in **AS 18.80.240**, though it
has no clause requiring accommodations. The State Commission for Human Rights has still treated
emotional support animal exclusions as discrimination, in two cases brought by condominium or
homeowners' association owners rather than renters. A Commission complaint is due within 300 days
under **6 AAC 30.230**.

The federal clocks are one year to HUD, whose Alaska office is at 3000 C Street, Suite 401, in
Anchorage, and two years to federal court. The Commission is not a HUD partner agency, so one filing
is not the other.

## Where can Fairbanks renters get help in person or by phone?

Alaska Legal Services Corporation has a Fairbanks office at 100 Cushman Street, Suite 500 (907-452-5181),
and a landlord and tenant helpline, 1-855-743-1001, generally open Monday to Thursday evenings. Its Fair
Housing Project (1-855-679-3247) is free, with no income test. Access Alaska runs its Fairbanks
independent living centre at 975 Van Horn Road, Suite 6.

The Alaska Housing Finance Corporation takes voucher applications at the Fairbanks Family Investment
Center, 1441 22nd Avenue, and has its own reasonable accommodation request forms for its housing and
voucher programs. Interior Regional Housing Authority offers rental assistance in the Fairbanks North
Star Borough to eligible tribal members, not the general public.

## How do Alaska's deposit law and federal law fit together in Fairbanks?

Set the two laws side by side and the page's argument fits in a table.

| What AS 34.03.070 says | What the federal Act adds |
|---|---|
| A pet may carry an extra deposit of up to one month's rent | An emotional support animal is an accommodation, and its price cannot be a deposit |
| Only an "individually trained" animal is exempt | Training is not the test. Disability and need are |
| Pet money covers pet damage only | Real damage is still yours to pay, after the fact |
| The section stops above $2,000 a month | The federal duty has no rent ceiling |
| Silent on who needs what paperwork | The duty starts once a disability and the need for this animal are shown |

Every row on the right depends on the last one. The Fair Housing Act protects the animal of a person
with a disability who needs it. Alaska's own definition, at **AS 18.80.300(15)(B)**, counts a "mental or
psychological disorder, including ... emotional or mental illness", but a landlord cannot see that
from the doorway, so it has to arrive in writing.

The clinician who already treats you is the obvious first call, if you have one. Not everyone does.
The wait for a new behavioral health appointment can be long, households outside the city drive in for
every visit, and a provider who has seen you once may fairly hold off on a conclusion about you that
they are not yet in a position to reach.

A licensed evaluation is built for exactly this gap. A licensed clinician assesses whether a
disability exists and whether this animal is needed because of it, and writes down the answer, which
can be no. That real chance of a no is what lets a Fairbanks landlord, who knows the state statute only
exempts trained animals, take a yes seriously.

## What Fairbanks landlords can and cannot do

**Cannot:**
- Cannot refuse a reasonable accommodation to a no-pets rule where it may be necessary to give a person with a disability equal opportunity to use and enjoy the home, under 42 U.S.C. § 3604(f)(3)(B). Alaska's own Human Rights Act has no accommodation clause, so this federal duty does the work.
- Cannot refuse to rent because of a physical or mental disability, or discriminate because of disability in a term, condition or privilege of the tenancy, AS 18.80.240(1) and (2).
- Cannot make a written or oral inquiry into, or keep a record of, an applicant's disability, AS 18.80.240(3). Asking whether a need exists for an accommodation is different from asking for a diagnosis.
- Cannot condition an emotional support animal on a pet deposit or monthly pet rent. The federal accommodation duty forbids pricing the exception, even though AS 34.03.070(h) exempts only an individually trained service animal from the state pet deposit.
- Cannot require certification or registration of a service animal from an organisation purporting to certify service animals, 6 AAC 30.610(k), and no Alaska registry for any kind of assistance animal exists.
- Cannot keep a security deposit and prepaid rent above two months' rent, AS 34.03.070(a), unless the rent exceeds $2,000 a month, in which case the whole section, cap included, does not apply.

**Can:**
- Must mail the itemised deposit notice and refund within 14 days, or 30 days where damages are deducted or proper notice was not given, AS 34.03.070(g). A wilful failure can cost up to twice the amount withheld under AS 34.03.070(d).
- May charge an ordinary pet an additional deposit of up to one month's rent, held separately and usable only for pet damage, AS 34.03.070(h).
- May recover for damage an animal actually causes, as with any tenant damage under AS 34.03.120(a)(5). That is a bill for real damage after the fact, not a fee charged in advance.
- May decline where a specific animal would be a direct threat to others' health or safety, or would cause substantial physical damage to others' property, 42 U.S.C. § 3604(f)(9). The judgment has to be about this animal, not its species or breed.
- May be outside the state Act only when renting a room in a home the owner lives in and shares, 6 AAC 30.990(b). An owner-occupied duplex or fourplex is not exempt under Alaska law.

## How to get an ESA letter in Fairbanks

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Fairbanks. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for Alaska clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional considers whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether you have a qualifying disability and whether the animal is necessary because of it. Honest evaluations: not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: supporting documentation for a reasonable accommodation that Alaska landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Where the accommodation is required, ordinary pet-related rules and charges, including pet fees, pet deposits and breed or weight limits, may need to be waived or modified. You remain responsible for any damage the animal actually causes. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional assesses whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether a qualifying disability is present and whether the animal is necessary because of it. Commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Housing help in Fairbanks

- [Alaska Legal Services Corporation (Fairbanks office, 100 Cushman Street)](https://www.alsc-law.org/contact-us/) (legal aid)
- [Fair Housing Project of Alaska Legal Services Corporation](https://www.fairhousingalaska.org/legal-representation/) (fair housing agency)
- [Access Alaska (Fairbanks, 975 Van Horn Road)](https://www.accessalaska.org/contact-us) (disability services)
- [Alaska Housing Finance Corporation: Fairbanks Family Investment Center](https://www.ahfc.us/contact-us/housing-assistance-locations) (local housing authority)
- [Interior Regional Housing Authority (rental assistance for eligible tribal members)](https://irha.org/housing-based-assistance-program/) (local housing authority)
- [City of Fairbanks](https://www.fairbanks.gov/) (city government)
- [Fairbanks North Star Borough](https://fnsb.gov/) (county government)

## Frequently asked questions

### My Fairbanks lease quotes AS 34.03.070(h) to charge a pet deposit for my emotional support animal. Is the lease wrong?

The lease is quoting the statute accurately. AS 34.03.070(h) exempts only a service animal, and (i)(2) defines one as individually trained, which an emotional support animal is not. The charge still cannot stand as the price of your accommodation, because the federal Fair Housing Act treats that as a refusal. Alaska's Department of Law says the same in footnote 15 of its landlord-tenant handbook.

### How much could a Fairbanks landlord hold as a pet deposit for an ordinary pet?

Up to one month's rent, on top of the ordinary deposit and prepaid rent, which AS 34.03.070(a) caps at two months. On the city's median gross rent of $1,496 that is up to $1,496, held in a separate account and usable only for damage the pet causes. None of those limits applies to a unit renting for more than $2,000 a month.

### Does the Department of Law handbook make the pet deposit illegal under Alaska law?

No, and it does not claim to. Footnote 15 says the federal Fair Housing Act "also prohibits charging a pet deposit for a service animal or a support animal". The handbook is pointing a Fairbanks reader to federal law as the source of the rule. Quoting it to a landlord is useful precisely because it is the State of Alaska's own publication saying so.

### Can I still be charged if my emotional support animal damages a Fairbanks rental?

Yes. The federal duty stops a landlord charging in advance for the accommodation, not billing for real harm. Alaska tenants must not deliberately or negligently damage the premises and must leave them in substantially the same condition, apart from normal wear and tear, under AS 34.03.120. Damage your animal actually causes is recoverable like any other tenant damage.

### Why do so many Fairbanks households rent compared with Juneau?

The census figures show the gap without explaining it. On the 2020-2024 American Community Survey five-year estimates, Fairbanks has 7,262 renter households and Juneau 4,792, although their 2024 populations differ by only about 160 people. The practical result is that the pet deposit rule in AS 34.03.070(h) reaches far more households here than in the capital.

### Where can a Fairbanks renter get free help with an emotional support animal dispute?

Alaska Legal Services Corporation has a Fairbanks office at 100 Cushman Street, Suite 500, and a landlord-tenant helpline on 1-855-743-1001. Its Fair Housing Project takes discrimination cases free with no income test on 1-855-679-3247. Access Alaska runs the local independent living centre at 975 Van Horn Road, Suite 6.

### Can Interior Regional Housing Authority help a Fairbanks renter with rent?

Only if you are an eligible tribal member. Its rental assistance covers the Fairbanks North Star Borough only and is for elderly eligible tribal members and other approved eligible tribal members, so it is not a general public program. Other renters should look to the Alaska Housing Finance Corporation's Fairbanks Family Investment Center, 1441 22nd Avenue, which offers housing vouchers.

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Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=blog&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=alaska-emotional-support-animal%2Ffairbanks