# Arizona ESA Laws: One Year, One Office, One Cap

> Arizona has no assistance-animal statute. What § 41-1491.19 requires instead, why complaints go to the Attorney General, and the deposit rules that apply.

- Source: https://supportanimal.com/blog/arizona-emotional-support-animal/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-07-29
- License note: informational content; not legal or medical advice.

**Summary:** Arizona has no statute written for assistance animals in housing. An emotional support animal request here runs on the general reasonable-accommodation clause of the state Fair Housing Act, A.R.S. § 41-1491.19(E)(2), which makes it discriminatory to refuse to make reasonable accommodations in rules, policies, practices or services where those accommodations may be necessary to afford a person equal opportunity to use and enjoy a dwelling. Two features set Arizona apart from most states. Fair housing is enforced by the Attorney General rather than by a civil rights commission, and a complaint must reach that office within one year under A.R.S. § 41-1491.22. Arizona also caps security deposits at one and one-half months' rent and gives a landlord fourteen days, excluding weekends and legal holidays, to itemize deductions after a tenant vacates and demands the balance.

## No statute written for the animal

Some states legislate emotional support animals directly. Florida defines
one. Pennsylvania wrote an act about the paperwork. New York put the animal
into the text of its accommodation duty.

Arizona did none of that, and a page that pretends otherwise would be
selling a right that does not exist. What Arizona has is a general
reasonable-accommodation duty in its Fair Housing Act, and that duty is
enough to carry the request.

A.R.S. § 41-1491.19(E)(2) defines discrimination because of disability to
include:

> "A refusal to make reasonable accommodations in rules, policies, practices
> or services if the accommodations may be necessary to afford the person
> equal opportunity to use and enjoy a dwelling."

A no-pets clause is a rule. A breed list is a policy. Charging for an animal
is a term of a service. Each is the kind of thing that has to give way when
an accommodation may be necessary — which is how an assistance animal
request works in Arizona, without the word "animal" appearing anywhere in
the section.

## The federal duty runs alongside

The same obligation exists federally, and it is worth knowing because it is
worded almost identically. 24 C.F.R. § 100.204 makes it unlawful to refuse
to make reasonable accommodations in rules, policies, practices, or services
when such accommodations may be necessary to afford a handicapped person
equal opportunity to use and enjoy a dwelling unit, including public and
common use areas.

The regulation's own worked example is a building with a no-pets policy that
must admit an assistance dog. An Arizona tenant therefore has two
independent footings for the same request.

## Complaints go to the Attorney General

Here Arizona genuinely differs from every other state in these guides. There
is no Arizona civil rights commission taking fair housing complaints. The
Attorney General does it.

Under A.R.S. § 41-1491.22, an aggrieved person may file a complaint with the
attorney general "not later than one year after an alleged discriminatory
housing practice has occurred or terminated, whichever is later." The
attorney general may also file a complaint on their own initiative.

That last phrase — *occurred or terminated, whichever is later* — is worth
noticing. Where a refusal is a continuing state of affairs rather than a
single letter, the clock can start at the end of it rather than the
beginning.

## What the office actually does

Arizona's enforcement model is prosecutorial rather than adjudicative. Where
conciliation fails, the state's law officer takes the case to court instead
of a commission hearing it.

A.R.S. § 41-1491.34 provides that where there is no conciliation agreement
within thirty days, the attorney general "shall immediately file a civil
action." A court may award actual and punitive damages, a permanent or
temporary injunction or other order, orders requiring affirmative action,
and court costs to the attorney general. An aggrieved person may intervene
in that action.

For a tenant, that shapes expectations in a useful way. The remedy at the
end of a successful Arizona complaint is a court order, and the party
carrying it there is the state.

## Deposits: one and a half months, fourteen working days

Arizona's deposit rules are among the tightest in these guides, and they
apply to every tenancy regardless of any animal.

A.R.S. § 33-1321 provides that a landlord "shall not demand or receive
security, however denominated, including prepaid rent in an amount or value
of more than one and one-half month's rent." The phrase *however
denominated* is doing real work: relabelling money as a cleaning fee, a
redecoration charge or an animal deposit does not move it outside the cap.

On the way out, the landlord must provide "an itemized list of all
deductions together with the amount due" within fourteen days, "excluding
Saturdays, Sundays or other legal holidays," after termination of the
tenancy and delivery of possession and demand by the tenant.

Three details decide most disputes. The cap is one and a half months, not
two. The fourteen days exclude weekends and holidays, so the real deadline
is roughly three calendar weeks. And the clock starts only once the tenant
has made a demand — a step tenants routinely skip, and the easiest one to
fix by putting the demand in writing on the day the keys go back.

Where a landlord fails to comply, the tenant "may recover the property and
money due the tenant together with damages in an amount equal to twice the
amount wrongfully withheld."

## Service animals are a different statute and a different place

Arizona does have an animal statute, and it is the one most often quoted at
tenants by people who have not read it.

A.R.S. § 11-1024 defines a service animal as "any dog or miniature horse
that is individually trained or in training to do work or perform tasks for
the benefit of an individual with a disability." It limits a public
accommodation to asking whether the animal is a service animal being used
because of a disability and what work or task it has been trained to
perform. And it provides that a person "may not fraudulently misrepresent an
animal as a service animal or service animal in training to a person or
entity that operates a public place," with a civil penalty of "not more than
two hundred fifty dollars for each violation."

Two boundaries follow. An emotional support animal is outside that
definition, because it is not individually trained to perform tasks — so it
has no Arizona public-access right, and a restaurant in Scottsdale or a shop
in Flagstaff may decline it at the door. And the section governs public
places, not dwellings, so the misrepresentation penalty is not an ESA
housing rule. A landlord citing § 11-1024 in a housing dispute has reached
for the wrong statute.

## What "reasonable" is doing in that sentence

Because Arizona legislated the duty and not the animal, the operative word
on every page of this guide is *necessary* — whether the accommodation may
be necessary to afford equal opportunity to use and enjoy a dwelling.

That framing rewards a request that explains the connection between the
disability and the animal, and it gives a landlord little purchase on
arguments about species, size or the absence of a certificate. It also means
the answer is fact-specific rather than categorical: an Arizona request is
assessed on what this person needs in this dwelling.

## Registries and credentials

Arizona issues no emotional support animal registration and no state
certificate. What the accommodation analysis asks is whether the person has
a disability and whether the animal is necessary for equal opportunity to
use and enjoy the dwelling. A card bought online answers neither question,
and a housing provider evaluating a request is entitled to information that
does.

The $250 civil penalty in § 11-1024 is a further reason to skip the
vest-and-ID trade. It attaches to fraudulent service-animal claims made to
businesses, which is precisely what those products invite.

## Who rents in Arizona, and where the argument happens

About 32.6% of Arizona households rent rather than own, on the 2020-2024
American Community Survey five-year estimate. The state figure conceals the
widest spread of any state in these guides.

Tempe and Flagstaff are both 57.7% renters — two university cities at the
top. Tucson is 48.2%, Glendale 42.8% and Phoenix 42.7%. At the other end sit
the new-build suburbs of the Phoenix ring: Queen Creek at 9.8%, the lowest
renter share of any place across six states, with Buckeye at 14.0%, Marana
16.3% and Maricopa 16.4%.

That spread changes who a tenant is actually arguing with. In Tempe or
Tucson the counterpart is a leasing office. In Queen Creek or Buckeye it is
more often a homeowners association applying rules recorded before anyone
moved in — and an association acting as a housing provider is inside the
same duty as any landlord.

## Making the request

Nothing obliges an applicant to raise an assistance animal during screening,
and a disability is not a proper screening subject. Be screened on income,
credit and rental history like any other applicant; once the application has
been approved, and before the lease is signed, make the accommodation request
in writing.

Because Arizona's statute is a general accommodation provision rather than a
documentation statute, the useful request explains necessity rather than
producing credentials: who the person is, that they have a disability, and
what the animal does that makes equal use and enjoyment of the dwelling
possible. Supporting information from a professional who has actually
assessed the tenant is what carries that, and a letter from someone with no
real knowledge of the situation is the weak link wherever you are.

Then watch the calendar. One year from the practice, occurring or
terminating, whichever is later — and fourteen working days, from demand,
for the deposit.

For city-level detail on deposits, associations and local help, browse the
[Arizona city guides](/blog/arizona-emotional-support-animal/), and see our [guide to getting an ESA letter](/blog/articles/how-to-get-esa-letter/) for what a
defensible letter contains.

## Key statutes

- **A.R.S. § 41-1491.19(E)(2)** (Fair housing — reasonable accommodation duty): Defines discrimination because of disability to include a refusal to make reasonable accommodations in rules, policies, practices or services if the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. This is the provision an emotional support animal request rests on, since Arizona has no separate assistance-animal housing statute. [Text](https://www.azleg.gov/ars/41/01491-19.htm)
- **A.R.S. § 41-1491.22** (Complaints to the Attorney General — one-year deadline): Allows an aggrieved person to file a complaint with the attorney general not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later. The attorney general may also file a complaint on their own initiative. [Text](https://www.azleg.gov/ars/41/01491-22.htm)
- **A.R.S. § 41-1491.34** (Civil action by the Attorney General): Requires the attorney general to file a civil action immediately where no conciliation agreement is reached within thirty days, and allows a court to award actual and punitive damages, injunctive relief, orders requiring affirmative action, and court costs. An aggrieved person may intervene in that action. [Text](https://www.azleg.gov/ars/41/01491-34.htm)
- **A.R.S. § 33-1321** (Security deposits — one and one-half months, fourteen days): Bars a landlord from demanding or receiving security, however denominated and including prepaid rent, of more than one and one-half month's rent, and requires an itemized list of all deductions with the amount due within fourteen days, excluding Saturdays, Sundays and other legal holidays, after termination of the tenancy, delivery of possession and demand by the tenant. [Text](https://www.azleg.gov/ars/33/01321.htm)
- **A.R.S. § 33-1321(E)** (Double damages for wrongful withholding): Allows a tenant whose landlord fails to comply with the itemization and return requirements to recover the property and money due together with damages in an amount equal to twice the amount wrongfully withheld. [Text](https://www.azleg.gov/ars/33/01321.htm)
- **A.R.S. § 11-1024** (Service animals in public places — a separate track): Defines a service animal as any dog or miniature horse individually trained or in training to do work or perform tasks for a person with a disability, limits a public accommodation to asking whether the animal is a service animal being used because of a disability and what work or task it has been trained to perform, and makes fraudulently misrepresenting an animal as a service animal to a public place punishable by a civil penalty of not more than two hundred fifty dollars for each violation. [Text](https://www.azleg.gov/ars/11/01024.htm)

**Registration myth:** Arizona operates no emotional support animal registry, and no state agency issues certificates, vests or identification cards for these animals. What the accommodation analysis turns on is whether the person has a disability and whether the animal is necessary to afford equal opportunity to use and enjoy the dwelling — a question a card cannot answer. Arizona does police the related fraud in public places: under A.R.S. § 11-1024 a person may not fraudulently misrepresent an animal as a service animal to a business, and the civil penalty is up to two hundred fifty dollars for each violation.

## What Arizona landlords can and cannot do

**Cannot:**
- Cannot refuse to make reasonable accommodations in rules, policies, practices or services where the accommodation may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling
- Cannot apply a no-pets policy, a breed restriction or a weight limit to an approved assistance animal without going through that accommodation analysis
- Cannot demand or receive a deposit, however it is labelled and including prepaid rent, of more than one and one-half month's rent
- Cannot keep any part of a deposit without providing an itemized list of deductions within fourteen days, excluding weekends and legal holidays, of the tenancy ending, possession being delivered and the tenant demanding the balance
- Cannot treat the service-animal rules in A.R.S. § 11-1024 as the housing standard, since that section governs public places rather than dwellings

**Can:**
- May ask for information supporting the disability and the disability-related need where neither is apparent, because the accommodation analysis turns on necessity
- May hold the tenant responsible for damage the animal causes, assessed at move-out on the same terms as any other damage
- May decline where no reasonable accommodation exists that meets the tenant's need without fundamentally altering the housing or imposing an undue burden

## How to get an ESA letter in Arizona

1. **Check that you qualify** — Answer a short screening about how your condition affects daily life in Arizona. No diagnosis paperwork needed up front. (About 5 minutes — free)
2. **Connect with a licensed professional** — You are matched with a provider licensed for Arizona clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation** — The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. Honest evaluations — not everyone qualifies. (95% of applicants qualify)
4. **Receive your signed letter** — Your letter arrives on the professional's letterhead with their license number — the documentation Arizona landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord** — Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Arizona. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, 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

## City guides in Arizona

- [ESA letters in Phoenix](https://supportanimal.com/blog/arizona-emotional-support-animal/phoenix.md)
- [ESA letters in Tucson](https://supportanimal.com/blog/arizona-emotional-support-animal/tucson.md)
- [ESA letters in Mesa](https://supportanimal.com/blog/arizona-emotional-support-animal/mesa.md)
- [ESA letters in Gilbert](https://supportanimal.com/blog/arizona-emotional-support-animal/gilbert.md)
- [ESA letters in Chandler](https://supportanimal.com/blog/arizona-emotional-support-animal/chandler.md)
- [ESA letters in Glendale](https://supportanimal.com/blog/arizona-emotional-support-animal/glendale.md)
- [ESA letters in Scottsdale](https://supportanimal.com/blog/arizona-emotional-support-animal/scottsdale.md)
- [ESA letters in Peoria](https://supportanimal.com/blog/arizona-emotional-support-animal/peoria.md)
- [ESA letters in Tempe](https://supportanimal.com/blog/arizona-emotional-support-animal/tempe.md)
- [ESA letters in Surprise](https://supportanimal.com/blog/arizona-emotional-support-animal/surprise.md)
- [ESA letters in Goodyear](https://supportanimal.com/blog/arizona-emotional-support-animal/goodyear.md)
- [ESA letters in Buckeye](https://supportanimal.com/blog/arizona-emotional-support-animal/buckeye.md)
- [ESA letters in Yuma](https://supportanimal.com/blog/arizona-emotional-support-animal/yuma.md)
- [ESA letters in Avondale](https://supportanimal.com/blog/arizona-emotional-support-animal/avondale.md)
- [ESA letters in Queen Creek](https://supportanimal.com/blog/arizona-emotional-support-animal/queen-creek.md)
- [ESA letters in Flagstaff](https://supportanimal.com/blog/arizona-emotional-support-animal/flagstaff.md)
- [ESA letters in Maricopa](https://supportanimal.com/blog/arizona-emotional-support-animal/maricopa.md)
- [ESA letters in Casa Grande](https://supportanimal.com/blog/arizona-emotional-support-animal/casa-grande.md)
- [ESA letters in Marana](https://supportanimal.com/blog/arizona-emotional-support-animal/marana.md)
- [ESA letters in Lake Havasu City](https://supportanimal.com/blog/arizona-emotional-support-animal/lake-havasu-city.md)

## Frequently asked questions

### Does Arizona have a law about emotional support animals in housing?

Not a dedicated one. Arizona has no statute written for assistance animals in housing, so the request runs on the general reasonable-accommodation duty in A.R.S. § 41-1491.19(E)(2), which makes it discriminatory to refuse reasonable accommodations in rules, policies, practices or services where necessary to afford a person equal opportunity to use and enjoy a dwelling. The federal Fair Housing Act applies alongside it.

### Who handles fair housing complaints in Arizona?

The Attorney General, which is unusual — most states route these to a civil rights commission. Under A.R.S. § 41-1491.22 an aggrieved person may file a complaint with the attorney general not later than one year after the alleged discriminatory housing practice occurred or terminated, whichever is later. The attorney general may also open a complaint on their own initiative.

### What happens after a complaint is filed?

The office investigates and attempts conciliation. Where no conciliation agreement is reached within thirty days, A.R.S. § 41-1491.34 requires the attorney general to file a civil action immediately, and a court may award actual and punitive damages, injunctive relief and orders requiring affirmative action. An aggrieved person may intervene in that action.

### How much can an Arizona landlord charge as a security deposit?

No more than one and one-half month's rent. A.R.S. § 33-1321 bars a landlord from demanding or receiving security, however denominated and including prepaid rent, above that figure. After the tenancy ends, possession is delivered and the tenant demands the balance, the landlord has fourteen days, excluding Saturdays, Sundays and legal holidays, to provide an itemized list of all deductions with the amount due.

### What if an Arizona landlord keeps the deposit without an itemized list?

The tenant may recover the property and money due together with damages equal to twice the amount wrongfully withheld, under A.R.S. § 33-1321. One step is easy to miss: the fourteen-day clock starts on termination, delivery of possession and the tenant's demand, so making that demand in writing is what starts it running.

### Does Arizona's service animal law cover emotional support animals?

No, and it is a different setting as well as a different category. A.R.S. § 11-1024 defines a service animal as a dog or miniature horse individually trained or in training to do work or perform tasks, and it governs public places rather than dwellings. An emotional support animal is outside that definition, so it has no Arizona public-access right, and the section's misrepresentation penalty concerns claims made to businesses.

### How much of Arizona rents, and where?

About 32.6% of Arizona households rent rather than own, based on the 2020-2024 American Community Survey five-year estimate. The spread between cities is the widest of any state in these guides: 57.7% in both Tempe and Flagstaff, 48.2% in Tucson and 42.7% in Phoenix, against 9.8% in Queen Creek and 14.0% in Buckeye, where the animal question usually arrives through a homeowners association rather than a landlord.

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