Articles

Client Alert: HUD Changes Course: Are Emotional Support Animal Accommodations No Longer Required?

Date: May 29, 2026
On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum permanently rescinding the 2020 guidance on assistance animals and establishing new criteria for evaluating complaints brought under the federal Fair Housing Act (“FHA”) for animal-related reasonable accommodation requests. Under the new criteria, the Office of Fair Housing and Equal Opportunity (“FHEO”) will only find probable cause and prosecute complaints if the animal in question has been individually trained to provide assistance directly related to an individual’s disability. This change raises significant questions for community association boards and managers about their ongoing duty to grant reasonable accommodations for emotional support animals under the FHA.


HUD Rescinds 2020 FHEO Guidance

The memorandum “permanently rescinds” the January 28, 2020, guidance issued by the FHEO, which previously provided community associations with guidance for evaluating animal-related reasonable accommodation requests under the FHA. The 2020 guidance recognized both trained service dogs and certain untrained emotional support animals as potentially qualifying for reasonable accommodation protections under the FHA.  The May 22nd memorandum questions the 2020 guidance’s inconsistency with the ADA standards for animal-related reasonable accommodations and its imposition of “categorical fair housing obligations on housing providers without comporting with the notice-and-comment requirements of the Administrative Procedure Act.” Out of concern for the challenges the unvetted 2020 guidance creates for housing providers, the FHEO has rescinded the 2020 guidance effective immediately.


New Enforcement Standard for HUD Investigations

The May 22 memorandum establishes a significantly revised HUD enforcement standard for FHA investigations involving animal-related reasonable accommodation claims.

Under the memorandum, a reasonable accommodation involving waiver of a pet policy or restrictive covenant is only required for an animal that “has been individually trained to perform work or perform tasks directly related to the complainant’s disability.”

HUD’s FHEO will now apply the Americans with Disabilities Act (“ADA”) definitions for service animals when assessing complaints involving animal-related reasonable accommodation requests.

Applying the ADA standards to its enforcement activities, the FHEO has stated that it will no longer expect housing providers to grant accommodations for untrained emotional support animals and will only require reasonable accommodations for trained animals. Importantly, the memorandum states that it is intended only to provide guidance to FHEO employees regarding enforcement activities and practices. The memorandum is not intended to serve as authority or governance for the public.


HUD Intends Further Rulemaking

The memorandum also announces that the FHEO intends to conduct notice-and-comment rulemaking concerning animal-related reasonable accommodations in the future. The FHEO stated that the purpose of the future rulemaking will be to update HUD regulations and harmonize them with the ADA, while also allowing for public input during the regulatory process. 


Important Considerations for Community Associations

Community associations should exercise caution before relying exclusively upon the FHEO’s new memorandum when evaluating requests for waivers of animal-related restrictive covenants and pet policies.

Although the FHEO’s enforcement position has changed, individuals may still file private lawsuits against community associations under the FHA. Courts in various jurisdictions have previously recognized that certain disabled individuals may be entitled to reasonable accommodations for untrained emotional support animals under the FHA. While these decisions often relied upon the 2020 guidance and its antecedent 2013 guidance, certain courts may continue to interpret the FHA as requiring accommodations for emotional support animals.

Additionally, many state fair housing laws and local human rights ordinances expressly recognize an individual’s right to a reasonable accommodation for emotional support animals. The state and local agencies responsible for enforcing those laws are not bound by the FHEO’s May 22 memorandum or by the FHEO’s decision to apply the ADA’s narrower service animal definition.

As a result, many state and local enforcement agencies will likely continue to expect housing providers to grant accommodations for both trained service animals and untrained emotional support animals.

Accordingly, community associations should avoid adopting blanket policies rejecting all accommodation requests involving untrained emotional support animals. Instead, associations should continue conducting careful, individualized, case-by-case evaluations of all animal-related reasonable accommodation requests.

Community associations are encouraged to consult with legal counsel as needed to assess the reasonableness of requested accommodations and to evaluate the federal, state, and local laws, regulations, and guidance applicable to their communities.  Our team at Whiteford is always available to assist and to help your association address reasonable accommodation requests. Please feel free to contact our team if your board is interested in additional guidance, internal policies, or consultation with legal counsel.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.