Service Dog Laws and Rights in North Dakota
For people living with disabilities, a trained service dog can be life-changing. In North Dakota, both federal and state laws protect the rights of individuals who rely on these dogs to assist with daily tasks and provide critical support.
Whether you’re a service dog handler, training a dog, or simply seeking to understand the law, this guide will help you navigate the legal landscape in the Peace Garden State with confidence.
What Is a Service Dog in North Dakota?
Under the Americans with Disabilities Act (ADA) and North Dakota law, a service dog is defined as a dog individually trained to perform specific tasks for someone with a disability. These tasks must be directly related to the person’s condition.
Common service dog tasks include:
- Guiding individuals who are blind
- Assisting with balance and mobility
- Alerting to seizures or blood sugar changes
- Interrupting panic attacks or self-harming behaviors
- Retrieving items or opening doors
⚠️ Emotional support animals (ESAs) and therapy dogs are not legally considered service dogs unless they are trained to perform disability-related tasks.
Public Access Rights in North Dakota
Both federal and state law grant service dog handlers the right to enter public places such as:
- Restaurants and shops
- Parks and recreation areas
- Hotels and motels
- Hospitals and clinics
- Government buildings
- Public transportation
Business owners may only ask:
- Is the dog a service animal required because of a disability?
- What task has the dog been trained to perform?
They cannot request documentation, ask the dog to perform tasks on the spot, or inquire about the handler’s specific disability.
Handler responsibilities:
- The dog must be under control at all times (leash, harness, or voice control).
- The dog must be well-behaved and housebroken.
- The handler is responsible for cleanup and care.
Access may be denied if the dog is disruptive, aggressive, or poses a health/safety threat.
Housing Rights: Service Dogs in Rental Properties
The Fair Housing Act (FHA) requires landlords in North Dakota to make reasonable accommodations for service dog handlers—even in buildings with a no-pets policy.
Your rights include:
- No pet fees, deposits, or breed/size restrictions
- No denial of housing based on your dog’s presence
- Protection from discriminatory treatment
Documentation landlords can request:
- Confirmation that you have a disability
- Confirmation that your dog performs a disability-related task
- They cannot request training certificates or registration IDs
If your request is denied, you can file a complaint with HUD or a North Dakota housing agency.
Employment Rights in North Dakota
Under ADA Title I, individuals have the right to request that their service dog accompany them to work.
Steps to request a workplace accommodation:
- Inform your employer or HR department in writing.
- Provide a letter from a healthcare provider, if necessary.
- Collaborate with your employer to establish reasonable policies.
Employers must approve accommodations unless it causes undue hardship. Discrimination complaints can be filed with the EEOC or the ND Department of Labor.
Travel Rights: Air and Ground Transportation
Flying with a Service Dog:
Under the Air Carrier Access Act (ACAA), trained service dogs are allowed to fly in the cabin for free. This includes psychiatric service dogs (PSDs).
You must submit the DOT Service Animal Air Transportation Form, and your dog must behave appropriately in airports and on board.
Ground travel in ND:
- Public buses (e.g., Fargo MATBUS) must accept service dogs
- Taxis and ride-shares (Uber, Lyft) cannot refuse rides to handlers
- Amtrak and regional transit systems comply with ADA regulations
Schools and Universities in North Dakota
K–12 Public Schools
Students are protected under IDEA and Section 504. Schools must allow trained service dogs if they assist with the student’s disability.
Colleges and Universities
Post-secondary institutions must also allow service dogs under ADA. Students should work with campus disability services to coordinate accommodations.
Service Dog Registration and Training in North Dakota
✅ No registration is legally required, but it can help.
While service dogs don’t need to be registered or certified under the law, voluntary registration and proper training:
- Prevent misunderstandings in public
- Show preparation when dealing with landlords or airlines
- Support better outcomes in access situations
At AssistanceDogPartners.org, we offer:
- Online service dog registration with ID cards and documentation
- Self-paced service dog training for psychiatric, medical alert, and mobility tasks
Penalties for Service Dog Fraud in North Dakota
Falsely claiming a pet as a service dog is a Class B misdemeanor under ND Century Code § 25-13-05.
Offenders may face:
- Fines
- Criminal charges
- Community service
Service dog fraud hurts the disabled community by damaging public trust. If you witness fraud, report it to local authorities or the North Dakota Human Rights Division.
Local Resources for Handlers
ND Department of Human Services – Disability Services
Disability Advocacy & Protection (P&A) ND
ND Department of Labor and Human Rights
Vocational Rehabilitation for Job Seekers
https://www.nd.gov/dhs/services/disabilities/vr
Frequently Asked Questions
Do I need to register my service dog in North Dakota?
No, but voluntary registration is useful for avoiding disputes.
Can my landlord deny my dog because it’s a certain breed?
No. Service dogs are not subject to breed or size restrictions.
Are psychiatric service dogs protected under the law?
Yes. As long as they are trained to perform a task related to your disability.
What if I’m denied access to a store or public place?
Politely assert your rights. If denied, report the incident to ADA or the ND Department of Human Rights.
Conclusion
North Dakota upholds strong protections for service dog handlers under both state and federal law. With the right training and understanding, you and your dog can move confidently through public life—at home, work, school, and beyond.
At AssistanceDogPartners.org, we’re here to support your journey every step of the way.
Ready to Register Your Service Dog?
Explore our voluntary registration kits designed to give you confidence and peace of mind.
