NEW RULES - ESL and Disability Animals

HUD has changed the definition and enforcement regarding ESAs.

The rules surrounding Emotional Support Animals (ESAs) in rental housing have changed significantly, and both landlords and tenants should understand how these changes may impact future housing requests and fair housing complaints.

On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) issued a new enforcement memorandum that changes how the agency handles complaints involving Emotional Support Animals under the Fair Housing Act (FHA).

What Changed?

Historically, HUD recognized Emotional Support Animals as a type of assistance animal that could qualify for a reasonable accommodation in housing, even if the animal had not received specialized training. Many tenants with documented disabilities relied on this guidance when requesting exceptions to pet policies, pet fees, breed restrictions, or other housing rules.

Under the new HUD enforcement memorandum, the agency announced that its Office of Fair Housing and Equal Opportunity (FHEO) will no longer pursue Fair Housing Act complaints involving untrained Emotional Support Animals.

Instead, HUD's enforcement position now aligns more closely with the Americans with Disabilities Act (ADA), which generally requires that a service animal be individually trained to perform specific work or tasks directly related to a person's disability.

What Does This Mean for Tenants?

If you currently rely on an Emotional Support Animal, it is important to understand that HUD's enforcement priorities have changed.