# ESA Letter in Nome, AK: Superior Court Without the Commission First

> A Nome ESA letter is the first exhibit if a refusal reaches court. AS 22.10.020(i) lets a renter sue directly under the Human Rights Act. What comes before filing.

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

**In short:** In Nome, AK, a renter refused an ESA may apply directly to superior court under AS 22.10.020(i), and nothing in that subsection requires a Commission complaint first. AS 18.80.145 does require serving the Commission, and a pause of up to 45 days may follow. The alternatives are the State Commission for Human Rights within 300 days (6 AAC 30.230) or HUD within one year. Get the documentation first.

## Key facts

- Population: 3,668
- Households renting: 46.4%
- Typical pet deposit (as a pet): Pet deposit: 1 month limit
- Typical pet rent (as a pet): Varies by landlord
- 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 Nome households rent?

Nome is not connected to Alaska's road network, and it is not in a borough either. It sits in the
Nome Census Area, one of the parts of the state with no borough government. The Census Bureau's 2024
estimate puts the city at 3,668 people.

The Bureau's 2020-2024 American Community Survey five-year estimates count 541 renter households, plus
or minus 87, out of 1,166 occupied homes. That is 46.4 percent renting, well above the 33.2 percent
statewide. Median gross rent is $1,633 (plus or minus $123), clearly above Alaska's $1,419. Four of
the five highest median rents among Alaska's twenty largest cities belong to off-road hubs, and Nome
is one of them.

A town this size, this far from Anchorage, has a practical question built into any housing dispute:
where can it actually be heard? The State Commission for Human Rights, HUD's Alaska office and the
Fair Housing Project are all in Anchorage. Alaska law offers one more door: a renter may go to the
superior court directly.

## Can a Nome renter sue in superior court without going to the Commission?

**AS 22.10.020(i)** reads: "The superior court is the court of original jurisdiction over all causes
of action arising under the provisions of AS 18.80. A person who is injured or aggrieved by an act,
practice, or policy which is prohibited under AS 18.80 may apply to the superior court for relief."

Nothing in that subsection says you must file with the Commission first. The court "may enjoin any
act, practice, or policy which is illegal under AS 18.80 and may order any other relief, including
the payment of money, that is appropriate." Class actions are allowed.

Compare the Commission, which under **AS 18.80.130(a)** "may not order an award of noneconomic or
punitive damages in a case." A court is not bound by that sentence, though what it will actually award
is a question for a lawyer, not this page.

## What law would the superior court apply to a Nome ESA dispute?

AS 18.80 is Alaska's Human Rights Act, and its housing section, **AS 18.80.240**, reaches refusals to
rent and differences in "a term, condition, or privilege" because of "physical or mental disability".
It also bars a landlord from making "a written or oral inquiry or record" of an applicant's
disability. What it does not contain is a requirement to make exceptions to a rule, such as a no-pets
policy.

The Act's definition of disability is where an emotional support animal case begins. Under
**AS 18.80.300(14)(A)** it covers "a physical or mental impairment that substantially limits one or
more major life activities", and the Act's list of those activities includes "caring for one's self",
"learning, and working". A judge would want evidence of both halves: the impairment, and the limit it
places on daily life.

That duty is federal, in **42 U.S.C. § 3604(f)(3)(B)**. So a Nome case about an emotional support
animal would likely lean on both: the federal accommodation duty, and the state Act's bar on
discrimination. The State Commission for Human Rights has itself treated emotional support animal
exclusions as discrimination under the state Act, in two cases brought by owners against condominium
or homeowners' associations. Neither was a landlord case.

## Does a Nome renter who sues still have to notify the Commission?

Going to court directly does not mean leaving the Commission out. **AS 18.80.145(a)** says a
plaintiff suing under AS 22.10.020(i) "shall serve a copy of the complaint on the commission", which
may then intervene. The Commission's own rule, **6 AAC 30.920**, repeats it: the plaintiff "shall
promptly serve a copy of the complaint on the executive director". The Commission's office is in
Anchorage, at 1901 Bragaw Street, Suite 300, with a complaint hot line on 1-800-478-4692, so a Nome
plaintiff should build that step into the timetable.

The same section allows a pause. If the Commission certifies that it is already dealing with the
matter, the court "shall ... defer proceedings for a period of not more than 45 days", or longer if the
court allows. Plan for that wait.

## What are the deadlines for a Nome ESA complaint or lawsuit?

The superior court subsection states no filing deadline, and none was researched for this page. Ask a
lawyer before you rely on any time limit for a court case.

The other clocks are known. A complaint to the State Commission is due within 300 days of the act,
under **6 AAC 30.230**, and it counts as filed on the earlier of postmark or receipt. The federal route allows one
year to file with HUD, at 3000 C Street, Suite 401, in Anchorage, and two years to sue in federal
court. The Commission is not a HUD partner agency, so a state filing does not start the federal one.

## Can a pet deposit on a Nome ESA start a dispute?

A dispute can begin with money rather than a refusal. **AS 34.03.070(h)** lets a Nome landlord take an extra
deposit of up to one month's rent for a pet "that is not a service animal", and **(i)(2)** limits
service animals to those "individually trained". On its own terms, then, the state statute does not
exempt an emotional support animal. The state's own Department of Law handbook points to federal
law instead, noting that the Fair Housing Act "prohibits charging a pet deposit for a service animal or a support animal".

## Where can Nome renters get legal and housing help?

Alaska Legal Services Corporation has a Nome office at 110 Front Street, Suite 208 (907-443-2230).
Its Fair Housing Project, free and with no income test, can help file "with the appropriate
administrative or judicial bodies" on 1-855-679-3247. City Hall is at 102 Division Street.

The Alaska Housing Finance Corporation's Nome office, which runs the Beringvue public housing, is at
406 E. I Street (907-443-2888). Bering
Straits Regional Housing Authority, 1008 E. Front Street, serves "low-income Alaska Native/American
Indian families" and is not open to other renters. Arctic Access, Nome's independent living centre,
has no website; the Statewide Independent Living Council's directory lists its phone as 907-387-0688.

## What should a Nome renter do before filing an ESA lawsuit?

A lawsuit is the end of a road, not the start. Before a Nome renter files anything, these steps come
in order.

1. **Get the documentation.** A request to keep an emotional support animal needs a qualified
   professional's written finding that you have a disability and that you need this animal because of
   it. Alaska's own definition, **AS 18.80.300(15)(B)**, includes "emotional or mental illness".
2. **Choose who writes it.** A clinician who already treats you is a sound choice. In Nome the
   friction is real: behavioral health providers are scarce, new appointments can mean long waits or
   travel out of town, and a clinician who has seen you once may properly decline to form a finding yet.
   A licensed evaluation is the dependable alternative. A licensed clinician assesses both questions
   and writes the result down, and that result can be no, which is what makes a yes worth something.
3. **Ask in writing.** Send the landlord a short request that names the no-pets rule, asks for an
   exception for this animal, and encloses the letter. Keep a copy and note the date you sent it.
4. **Keep the answer.** A refusal, a pet deposit demand or silence should all be kept, dated.
5. **Call for advice.** ALSC's Nome office and the Fair Housing Project can help you compare the
   Commission, HUD and the court.
6. **If you sue, serve the Commission.** AS 18.80.145 and 6 AAC 30.920 require it, and a 45-day pause
   may follow.

A request that is granted ends at step three. One that is refused travels the rest of the way on
the paper from step one, which is why that step comes first.

## What Nome 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 Nome

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Nome. 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 Nome

- [Alaska Legal Services Corporation (Nome office, 110 Front 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)
- [Alaska Housing Finance Corporation (Nome office, 406 E. I Street)](https://www.ahfc.us/contact-us/housing-assistance-locations) (local housing authority)
- [Bering Straits Regional Housing Authority (Alaska Native/American Indian families)](https://bsrha.org/employment/) (local housing authority)
- [City of Nome](https://www.nomealaska.org/) (city government)
- [Disability Law Center of Alaska](https://www.dlcak.org/intake/) (disability rights)

## Frequently asked questions

### Can a Nome renter sue a landlord in state court without filing with the Commission first?

Yes. AS 22.10.020(i) makes the superior court the court of original jurisdiction over claims under AS 18.80 and lets an aggrieved person apply to it for relief. Nothing in that subsection requires a Commission complaint first. The court may enjoin an unlawful practice and order other relief, including money. A lawyer should confirm the time limit, which this page does not state.

### If I sue in superior court, does the State Commission for Human Rights have to be told?

Yes. AS 18.80.145(a) requires a plaintiff suing under AS 22.10.020(i) to serve a copy of the complaint on the Commission, which may intervene, and 6 AAC 30.920 says the copy goes promptly to the executive director. If the Commission certifies it is already dealing with the matter, the court defers the case for up to 45 days, or longer if the court allows.

### What deadline applies to a superior court case over an emotional support animal in Nome?

AS 22.10.020(i) itself states no deadline, and none was researched for this page, so get legal advice before relying on any figure. The known clocks are elsewhere: 300 days to complain to the State Commission under 6 AAC 30.230, one year to file with HUD and two years to sue in federal court under the Fair Housing Act.

### Does Alaska's Human Rights Act require a Nome landlord to allow an emotional support animal?

Not in so many words. AS 18.80.240 bars refusing to rent and discriminating in the terms of a tenancy because of disability, but it has no reasonable-accommodation clause. That duty comes from the federal Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B). The State Commission has still treated emotional support animal exclusions as discrimination, in two cases involving homeowners' associations rather than landlords.

### Can the State Commission award me damages for distress if my Nome landlord refuses my animal?

No. AS 18.80.130(a) says the Commission "may not order an award of noneconomic or punitive damages in a case." In housing it can order the unit, or the next like vacancy, to be rented to you and award actual costs such as moving, storage and alternative housing. That limit is worth weighing against the superior court route.

### Where can a Nome tenant get legal help without travelling to Anchorage?

Alaska Legal Services Corporation has a Nome office at 110 Front Street, Suite 208, telephone 907-443-2230. The Fair Housing Project, free and without an income test, works by phone on 1-855-679-3247 and can help file with administrative or judicial bodies. Arctic Access, the local independent living centre, has no website but can be reached on 907-387-0688.

### Is Bering Straits Regional Housing Authority open to any Nome renter?

No. It describes itself as dedicated to affordable housing for "low-income Alaska Native/American Indian families", so it is not a general public landlord. Other renters seeking assisted housing can contact the Alaska Housing Finance Corporation's Nome office at 406 E. I Street, 907-443-2888, which runs the Beringvue public housing.

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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%2Fnome