HUD’s New Policy on Emotional Support Animals in Housing: Questions & Answers
On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) issued new enforcement guidance changing how it handles housing complaints involving Emotional Support Animals (ESAs). The policy withdraws previous HUD guidance that broadly protected Emotional Support Animals covered under the Fair Housing Act. The Fair Housing Act assistance regulations apply to landlords and people who rent houses or apartments. Key takeaway: HUD has significantly changed how it will enforce housing accommodation requests involving emotional support animals. HUD has withdrawn prior guidance and is now focusing on animals that have been individually trained to perform disability-related work or tasks.
The memorandum is available at: Enforcement Guidance-Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act (HUD)
What is HUD’s new enforcement policy?
HUD has changed how it will investigate and enforce Fair Housing Act complaints involving assistance animals in housing.
HUD has withdrawn prior guidance that recognized many emotional support animals (ESAs) as assistance animals under the Fair Housing Act. Under the new policy, HUD will pursue only complaints involving animals that have been individually trained to perform work or tasks related to a person’s disability.
As a result, HUD is less likely to pursue complaints involving emotional support animals that provide comfort, companionship, or emotional support but have not been individually trained.
The policy changes how HUD enforces the Fair Housing Act. It does not change the text of the Fair Housing Act itself.
Why does this change affect emotional support animals?
An emotional support animal (ESA) is an animal that provides comfort, companionship, emotional support, or other therapeutic benefits to a person with a disability.
Unlike a service animal, an emotional support animal is not required to be individually trained to perform specific work or tasks related to a person’s disability. Historically, many emotional support animals could qualify as assistance animals in housing even without specialized training.
Because ESAs are not individually trained to perform work or tasks related to a resident’s disability, HUD’s new enforcement policy generally does not treat them the same way it treats trained assistance animals.
Has the Fair Housing Act changed?
No. Congress has not amended the Fair Housing Act, and HUD has not adopted new regulations through a formal rulemaking process.
HUD’s memorandum changes how HUD will investigate and enforce housing discrimination complaints involving assistance animals. It does not change the language of the Fair Housing Act itself.
Courts may continue to interpret the law independently, and future court decisions could affect how the law is applied.
Can I still have an emotional support animal as a tenant?
HUD’s memorandum does not prohibit people from having emotional support animals, nor does it change the text of the Fair Housing Act.
However, if a housing provider denies a request for a housing accommodation for an emotional support animal, HUD is less likely to pursue a complaint involving an untrained animal under its new enforcement policy.
The Fair Housing Act itself has not changed, and state and local fair housing laws, Section 504 of the Rehabilitation Act, and future court decisions may continue to affect the rights of individuals with disabilities and the obligations of housing providers.
What does this mean for housing providers?
Housing providers should be aware that HUD has changed its enforcement approach regarding assistance animals. “Housing providers are no longer expected by the Fair Housing Enforcement Office (FHEO) to categorically grant accommodation requests (includeing fee waivers) for untrained assistance animals” (Holland and Knight)
However, housing providers should not assume that all requests involving emotional support animals can automatically be denied. The Fair Housing Act remains in effect, and other legal obligations may apply.
Housing providers should know what state and local laws require in regard to emotional support animals.
Are there other avenues to file a discrimination complaint regarding ESAs and housing?
Yes. ESA handlers may file a private complaint under the Fair Housing Act.
Housing providers and individuals with disabilities should consider applicable state and local laws in addition to federal law. Many states and local jurisdictions have their own fair housing laws. Some of these laws may provide broader protections than HUD’s current enforcement policy.
HUD’s memorandum addresses Fair Housing Act enforcement. It does not directly change Section 504 of the Rehabilitation Act. Housing providers that receive federal financial assistance may have obligations under Section 504 that are separate from the Fair Housing Act.
Individuals with disabilities and housing providers should consider all applicable laws when evaluating housing accommodation requests involving assistance animals.
More Information:
HUD/s Policy Reversal on Emotional Support Animals. (DREDF)
HUD Rescinds Emotional Support Animal Guidance (Holland & Knight)
HUD Changes Course: Are Emotional Support Animal Accommodations No Longer Required? (whitefordlaw.com)