2026-09-15 · Montana · Legislation

What happened. Montana raised the documentation bar for emotional support animals on October 1, 2025. The statutes it amended govern landlords and tenants — which means mobile-home lot rental communities are covered directly and homeowner associations are not.

The statute

Senate Bill 149, “AN ACT REVISING LAWS RELATED TO THE DOCUMENTATION OF EMOTIONAL SUPPORT ANIMALS,” introduced by Sen. D. Loge with E. Buttrey and K. Seekins-Crowe, became Chapter 360, Laws of 2025. Signed May 5, 2025, effective October 1, 2025. It amended § 70-24-114 (Residential Landlord and Tenant Act) and § 70-33-110 (Mobile Home Lot Rental Act), MCA.¹

What changed from “may” to “must”

Supporting information “may must include … information from a health care practitioner who has personal knowledge of the tenant's disability and is acting within the scope of the practitioner's practice that identifies the particular assistance or therapeutic emotional support provided by the specific animal. Information submitted under this subsection … must include the effective date, license number, and type of professional license held by the health care practitioner.”

Other provisions:

• A landlord may require proof of compliance with state and local licensure and vaccination requirements for each animal.
• If more than one animal is requested, information must be provided for each animal.
• A landlord may not request information disclosing a diagnosis or severity of the disability, or any medical records — though the tenant may volunteer it.
• The landlord “shall issue a written determination” after receiving the supplemental information.
• The tenant is liable for damage done by the animal.
• A practitioner “may be subject to disciplinary action” from their licensing board for a violation.

The headline provision

“An emotional support animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not, by itself, sufficient information to reliably establish that a tenant has a disability-related need.”

1. Senate Bill 149 (2025), enrolled bill with strike-and-insert text — Chapter 360, Laws of 2025, amending §§ 70-24-114 and 70-33-110 (Montana Legislature document store) ↩
2. Montana Legislature Bill Explorer API — SB 149 and SB 300 (2025) chapter numbers and effective dates ↩